Commentary on Judgment No. 18792 of 2022: Declarations to the Bankruptcy Trustee and the Interpreter

Judgment No. 18792 of December 20, 2022, filed on May 4, 2023, represents an important ruling by the Court of Cassation on bankruptcy and documentary evidence. It focuses on the usability of declarations made to the bankruptcy trustee by foreign nationals and the need for an interpreter or translator in such contexts. This issue is of particular relevance, considering the internationalization of trade and the growing interactions between individuals of different nationalities.

Regulatory and Legal Context

The Court examined whether the declarations made by a director of a bankrupt company, a foreign national, could be considered usable despite her difficulty in expressing herself in Italian. In particular, the judge emphasized that declarations made to the bankruptcy trustee are not subject to the same rules as procedural acts under the criminal and civil procedure codes. According to the Court, the provisions of Articles 122 and 123 of the Code of Civil Procedure concern exclusively procedural acts in the strict sense, thus excluding the need for an interpreter in this specific context.

• Declarations must be acquired outside the proceedings.
• The rules on the translation of documents do not apply to declarations made to the trustee.
• The presence of legal counsel is considered sufficient to guarantee the validity of the declarations.

Analysis of the Judgment

Declarations made to the trustee by a non-native speaker - Appointment of an interpreter or translator - Necessity - Exclusion - Reasons - Case facts. Declarations made to the bankruptcy trustee, as they are acquired outside the proceedings, are not subject to the rules of the criminal procedure code regarding the translation of documents, nor can the provisions of Articles 122 and 123 of the Code of Civil Procedure regarding the appointment of an interpreter and translator be applied to them, as these rules concern procedural acts in the proper sense and also documents submitted by the parties. (In application of the principle, the Court rejected the exception of inadmissibility of declarations made to the trustee, without the assistance of an interpreter, by the director of the bankrupt company, a foreign national who, despite understanding Italian, expressed herself with difficulty and was assisted, during the hearing, by her legal counsel).

The Court therefore reiterated that, despite the subject's difficulty in expressing herself, her understanding of Italian and the presence of her lawyer made her declarations validly usable. This approach highlights an important distinction between procedural acts and declarations made in informal contexts, such as that of the bankruptcy trustee.

Conclusions

Judgment No. 18792 of 2022 represents a significant step forward in understanding the dynamics of declarations made to the bankruptcy trustee. It clarifies that, in non-procedural contexts, the rules on translation and interpretation do not apply, provided that the parties involved can still ensure effective and clear communication. This principle could also be relevant in other areas of law, contributing to greater flexibility in proceedings involving foreign nationals and their declarations.