Commentary on Judgment No. 15069 of 2023: Precautionary Measures and Translation for Non-Italian Speaking Defendants

The recent judgment no. 15069 of October 26, 2023, issued by the Court of Cassation, has highlighted a crucial issue in criminal law: the right to translation for defendants who do not know the Italian language. This aspect is of fundamental importance, as it ensures the respect of the fundamental rights of individuals involved in criminal proceedings.

The Context of the Judgment

The Court addressed the case of a defendant, T. N., who did not speak Italian. The judgment clarifies that, in the case of a precautionary detention order issued against a non-Italian speaking defendant, it is mandatory to provide a translation within a reasonable time frame. The lack of such translation can lead to the nullity of the order itself, according to the combined provisions of articles 143 and 292 of the Code of Criminal Procedure.

Order imposing a personal precautionary measure - Non-Italian speaking defendant - Obligation of translation within a reasonable time - Violation - Consequences. In the matter of personal precautionary measures, the precautionary detention order issued against a non-Italian speaking defendant, when it has already emerged that they do not know the Italian language, is subject to nullity in case of lack of translation, pursuant to the combined provisions of articles 143 and 292 of the Code of Criminal Procedure. On the other hand, if it has not yet emerged that the non-Italian speaking defendant does not know the Italian language, the untranslated precautionary detention order issued against them is valid until it is established that they do not know this language, which entails the obligation to translate the order within a reasonable time, the violation of which determines the nullity of the entire sequence of procedural acts carried out up to that moment, including the precautionary detention order.

Legal Implications of the Judgment

This judgment not only clarifies the obligation of translation but also highlights the consequences of its violation. The Court established that if it has not yet emerged that the defendant does not know Italian, the order remains valid. However, if such knowledge is subsequently established, translation becomes mandatory, and its absence results in the nullity of the procedural acts carried out up to that moment.

  • Obligation of translation for defendants who do not know Italian.
  • Nullity of the precautionary detention order in case of lack of translation.
  • Validity of the order until the knowledge of the Italian language is established.

Conclusions

In conclusion, judgment no. 15069 of 2023 represents an important step forward in the protection of the rights of defendants in the Italian criminal system. It underscores the importance of ensuring that every individual, regardless of their linguistic knowledge, has access to a fair and equitable process. Translation is not merely a formal requirement, but a fundamental right that must be upheld to guarantee the legitimacy of criminal proceedings.

Bianucci Law Firm