Judgment No. 20035 of 2023: Nullity for Lack of Translation in Criminal Proceedings

Judgment No. 20035 of 2023 by the Court of Cassation, filed on May 11, addresses a crucial issue in criminal procedural law: the importance of translating documents to ensure a fair trial for all defendants, regardless of their knowledge of the Italian language. This case, involving the defendant U. I. V., highlights the delicacy of legal procedures when dealing with non-Italian speakers and the consequences of failing to translate the summons for appeal.

The Legal Context of the Judgment

The Court of Appeal of L'Aquila declared the appeal inadmissible, but the focal point of the judgment concerns the nullity arising from the omission of the translation of the summons for appeal. The headnote of the judgment reads:

Defendant who does not speak Italian - Failure to translate the summons for appeal - General nullity with intermediate regime - Curable. The nullity arising from the omission of the translation of the summons for appeal to a defendant who does not speak Italian is of a general nature with an intermediate regime and, therefore, must be considered cured if not promptly raised.

This passage emphasizes that the nullity is considered general, meaning it can affect the entire proceeding, but it is curable, provided it is not raised promptly. Regulatory references, such as Articles 143 and 180 of the Italian Code of Criminal Procedure, underscore the importance of the right to translation to ensure the defendant's understanding of the proceedings.

Implications for Criminal Proceedings

The implications of this judgment are manifold and concern the fairness of criminal proceedings. Specifically:

• The protection of the rights of defendants who do not speak Italian.
• The necessity for judicial authorities to ensure access to interpreters and translators.
• The recognition of the curability of nullity in case of late objection.

It is essential for lawyers to be aware of these dynamics to adequately protect the rights of their clients. The lack of translation is not merely a formal issue but affects the fundamental rights of the defendant, compromising the principle of a fair trial enshrined in Article 6 of the European Convention on Human Rights.

Conclusions

In conclusion, judgment No. 20035 of 2023 offers an important reflection on the respect for the rights of non-Italian speaking defendants within the Italian legal system. Attention to the translation of documents should not be viewed as a mere bureaucratic formality but as an essential element for ensuring a fair and just trial. The curability of nullity, if not promptly raised, serves as an invitation for lawyers to be proactive in protecting their clients' rights, ensuring that no one is excluded from the right to defense and to understand their own proceedings.