Judgment No. 14657 of 2024: Mandatory Translation in Precautionary Measures

The recent judgment No. 14657 of 2024 issued by the Court of Cassation offers an important reflection on the procedural guarantees of non-Italian-speaking defendants. In particular, the ruling establishes that the order for the aggravation of the precautionary measure must be translated into a language understandable to the defendant, under penalty of nullity. This principle, forcefully reiterated, is fundamental to ensuring the right to defense and the protection of personal liberty of individuals involved in criminal proceedings.

The Content of the Judgment

According to judgment No. 14657, the Court annulled without referral the order for aggravation issued by the Court of Freedom of Rome. The main reasoning lies in the fact that the defendant, W. N. P., not having knowledge of the Italian language, could not understand the content of the act due to the lack of translation. This constitutes a violation of the fundamental rights of the individual, particularly the right to defense, as enshrined in Article 24 of the Italian Constitution.

Order for aggravation of the measure issued against a non-Italian-speaking defendant who has no knowledge of the Italian language - Omitted translation into a language known to the aforementioned - Nullity - Existence - Reasons. In the matter of personal precautionary measures, the order for aggravation of the bond issued against the non-Italian-speaking defendant, who does not have knowledge of the Italian language, must be translated, under penalty of inadmissibility, into a language known to him, pursuant to the combined provisions of Articles 143 and 178, paragraph 1, letter c), of the Code of Criminal Procedure, significantly affecting personal liberty.

The Implications of the Judgment

This judgment has significant implications for the Italian legal system and for the treatment of foreign defendants. Here are some key points:

  • Recognition of the right to translation: The Court reaffirms the principle that every legal provision must be communicated in a language understandable to the interested party, without exceptions.
  • Impact on criminal proceedings: The lack of translation may lead to the invalidity of acts, slowing down the process and raising issues of legitimacy.
  • Protection of human rights: The judgment fits into a broader context of respect for human rights, in line with European and international regulations.

Conclusions

Judgment No. 14657 of 2024 marks a step forward in the protection of the rights of non-Italian-speaking defendants. It draws attention to the need to ensure fair and understandable justice for all, regardless of the spoken language. The translation of legal acts is not just a matter of form, but an essential element to ensure respect for fundamental rights and to maintain the integrity of the legal system. Legal practitioners should pay particular attention to this aspect to avoid future litigation and ensure a fair trial.

Bianucci Law Firm