Judgment no. 29253 of 2024: Translation of documents and rights of the foreign-language defendant

The recent judgment no. 29253 of June 4, 2024, issued by the Court of Cassation, sheds light on a fundamental aspect of Italian criminal law concerning the translation of documents for defendants who do not speak the language of the proceedings. This decision underscores the importance of ensuring a fair trial and the right to defence, in line with Italian and European regulations.

The Case Under Review

The central issue of the judgment concerns the translation of a sentence ordered by the judge, but not carried out. The defendant, P. J., was in a situation of linguistic difficulty, being a foreign-language speaker. The Court ruled that, in such circumstances, the failure to translate the sentence means that the time limits for appeal do not run, without any burden on the defendant to request the translation or to take action to remedy the administration's inaction.

Judgment - Translation ordered by the judge, but not carried out - Consequences - Non-running of appeal deadlines - Solicitation burdens on the foreign-language defendant - Exclusion - Case facts. In the matter of translating documents into the language known to the foreign-language defendant, the omission to translate the sentence, ordered by the judge but not carried out, results in the non-running of the deadlines for appeal that can be filed by the defendant, without any burden on the latter to take initiatives aimed at stopping the administration's inertia. (Case facts relating to an order - quashed by the Court - with which the execution judge had rejected the foreign-language defendant's request to declare the sentence non-enforceable, holding that the defendant, upon expiry of the appeal deadlines, should have promptly requested to be reinstated in the same under art. 175 of the Code of Criminal Procedure, alleging the omission).

Implications of the Judgment

Judgment no. 29253/2024 represents an important step forward in protecting the rights of defendants who do not understand the language of the proceedings. The implications of this decision can be summarised in the following points:

• Recognition of the right to translation of documents, as provided for by art. 143 of the New Code of Criminal Procedure.
• Clarity on the administration's responsibility in ensuring that documents are translated in a timely manner.
• Exclusion of solicitation burdens on the foreign-language defendant, who does not have to take action to request the translation.

This judgment is part of a broader regulatory framework, which recognises fundamental rights for defendants, as established by the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union.

Conclusions

In conclusion, judgment no. 29253 of 2024 marks an important recognition of the linguistic rights of foreign-language defendants in the Italian criminal system. It strongly affirms that every defendant has the right to fully understand the proceedings against them, and that the administration has the obligation to guarantee this right. This represents a significant step towards a fairer and more inclusive justice system.