Judgment No. 17327 of 2023: The Foreign Defendant's Right to Interpreter Assistance

Judgment No. 17327 of January 20, 2023, filed on April 26, 2023, issued by the Court of Cassation, offers an important reflection on the right of foreign defendants to be assisted by an interpreter during proceedings. This right is not automatic but is based on specific conditions, as clarified by Article 143 of the Code of Criminal Procedure.

The Right to Interpreter Assistance

According to the Court, a foreign defendant is entitled to interpreter assistance only if they demonstrate or declare that they do not understand the Italian language. This principle is fundamental to ensuring a fair trial, as the inability to express oneself or understand the language of the proceedings can compromise defense and the right to legal protection. The judgment specifies that there is no indiscriminate obligation to offer this assistance, thus leaving the defendant free to request, or not, the intervention of an interpreter.

• The right is conditional upon the declaration of not understanding the Italian language.
• The judicial authority has the power to assess the need for an interpreter.
• The appointment of a chosen defense counsel does not automatically imply knowledge of the Italian language.

Foreign Defendant - Right to Interpreter Assistance - Conditions - Case Law. The right of a foreign defendant to be assisted by an interpreter exists on the condition that they demonstrate or at least declare that they cannot express themselves in Italian or do not understand it, given that Article 143 of the Code of Criminal Procedure does not provide for the indiscriminate obligation to appoint an interpreter for a foreigner as such, but leaves them the freedom to decide whether or not to request such assistance, granting the judicial authority the power and duty to assess its necessity. (In application of the principle, the Court held that, in light of repeated requests for an interpreter, the appointment of chosen defense counsel by the foreign defendant, who was residing in Italy without a fixed abode, did not constitute a symptomatic element from which to infer knowledge of the Italian language).

Implications of the Judgment

This judgment has several significant implications. Firstly, it establishes an important precedent for future cases, clarifying that the right to interpreter assistance cannot be considered automatic but must be assessed on a case-by-case basis. Furthermore, the Court emphasizes the importance of ensuring that foreign defendants can effectively exercise their right to defense, preventing language barriers from compromising their access to justice.

Conclusions

In conclusion, Judgment No. 17327 of 2023 represents a step forward in protecting the rights of foreign defendants, highlighting the need for careful and personalized assessment of the right to interpreter assistance. It is crucial that legal system actors are aware of these provisions to ensure a fair and just process for all.