Judgment No. 27103 of 2024 and the Rights of the Foreign-Language Defendant

The recent Judgment No. 27103 of May 2, 2024, filed on July 9, 2024, has generated considerable interest in criminal law, particularly regarding the procedural guarantees for defendants who do not speak Italian. This ruling by the Court of Cassation addresses a crucial issue: the consequences of failing to translate a rejection order for a review request for a foreign-language defendant.

The Case and the Court's Decision

The Court quashed, without referral, a decision by the Court of Freedom of Bari, highlighting that the failure to translate the rejection order does not render the order itself void. The Court clarified that the time limits for filing an appeal to the Court of Cassation only begin to run from the moment the defendant has actual knowledge of the content of the order. This decision is based on a careful reading of Articles 143 and 309 of the Code of Criminal Procedure and the European Convention on Human Rights, particularly Article 6, which guarantees the right to a fair trial.

Foreign-language defendant who does not speak Italian - Failure to translate the rejection order for a review request - Consequences - Reasons. The failure to translate into a language known to the foreign-language defendant, who does not speak Italian, the rejection order of the request for review against a measure applying a personal precautionary measure does not render it void, but solely means that the time limits for filing an appeal to the Court of Cassation shall run from the moment the aforementioned person has actual knowledge of the content of the measure. (In its reasoning, the Court specified that the measure is not included in those that must necessarily be translated pursuant to art. 143, paragraph 2, of the Code of Criminal Procedure, nor in those essential for knowledge of the charges under art. 143, paragraph 3, of the Code of Criminal Procedure).

Implications of the Judgment

This judgment has significant implications for Italian criminal law. In particular, it highlights the need to ensure that defendants, especially those of foreign origin, have access to clear information regarding their rights and the charges against them. Although the Court has established that the lack of translation does not automatically lead to nullity, it is essential for lawyers and legal institutions to take action to ensure that defendants' rights are always respected.

• Recognition of linguistic rights
• Importance of translation in criminal proceedings
• Protection of foreign-language defendants

Conclusions

In conclusion, Judgment No. 27103 of 2024 represents a significant step towards greater protection of the rights of defendants who do not speak Italian. It underscores the importance of actual knowledge of legal measures and invites reflection on how to ensure a fair trial for all, regardless of the language spoken. It is essential that the legal system continues to evolve to meet the needs of an increasingly multicultural society.