Commentary on Judgment No. 1098 of 2024: Nullity of the Immediate Judgment Decree for Omitted Translation

Italian criminal law provides a series of fundamental guarantees for defendants, particularly for those who do not speak Italian. The recent judgment No. 1098 of 2024, issued by the Court of Cassation, addresses precisely the issue of the translation of judicial measures, highlighting the implications of an omission in this area. In this article, we will analyze the key points of the judgment and its impact on jurisprudence.

The Case: Omitted Translation and Nullity of the Immediate Judgment Decree

The Court declared the measure by which the trial judge annulled the immediate judgment decree for omission of translation into a language known to the defendant, a non-Italian speaker, to be abnormal. According to the Court, the omission of such translation does not justify the declaration of nullity and the return of the case files to the public prosecutor. This aspect is crucial because it touches upon the principle of a fair trial, guaranteed by Article 111 of the Italian Constitution and Article 6 of the European Convention on Human Rights.

Immediate judgment decree - Omission of translation into a language known to the non-Italian speaking defendant - Declaration of nullity and return of case files to the public prosecutor - Abnormality - Reasons. The measure by which the trial judge declares the nullity of the immediate judgment decree and the related request due to the omission of translation into a language known to the non-Italian speaking defendant and orders the return of the case files to the public prosecutor is abnormal. (In its reasoning, the Court specified that it is the responsibility of the trial judge to arrange for the renewal of the summons, after translation of the immediate judgment decree, while the omission of translation of the related request has no procedural consequences).

Implications of the Judgment

The decision of the Court of Cassation underscores the importance of ensuring that defendants fully understand the proceedings against them. Among the main implications of the judgment, we can highlight:

• The responsibility of the trial judge in ensuring the translation of measures, preventing omissions from undermining the right to defense.
• The distinction between the translation of the immediate judgment decree and that of the request, where the latter has no procedural consequences.
• The need for greater attention from judicial authorities to prevent situations of this type from recurring, always ensuring respect for the fundamental rights of defendants.

Conclusions

Judgment No. 1098 of 2024 represents an important step forward in the protection of the rights of non-Italian speaking defendants. This case highlights the need for a judicial system that respects the principle of a fair trial, ensuring that all defendants, regardless of their language, have the opportunity to understand and actively participate in their proceedings. It is essential that judges are always aware of their responsibilities and the implications of their decisions, to prevent procedural errors from compromising the entire legal system.