Nullity in Intermediate Regime: Analysis of Judgment No. 48102 of 2023

The judgment no. 48102 of September 15, 2023 represents an important benchmark for criminal procedural law, particularly regarding the protection of the rights of foreign defendants. In this article, we will analyze the principles established by the Court of Cassation concerning the appointment of an interpreter for those who do not understand the Italian language, and the legal consequences resulting from the failure to appoint one.

The Legal Context

The Court of Cassation, in its ruling, emphasized that the failure to appoint an interpreter in cases where defendants do not understand the Italian language leads to nullity in the intermediate regime. This principle aligns with Article 143 of the New Code of Criminal Procedure, which establishes the obligation to ensure that defendants can fully understand and participate in the proceedings. The judgment is based on precedents that reinforce the importance of this fundamental right.

Defendant - Lack of knowledge of the Italian language - Failure to appoint an interpreter - Consequences - Nullity in the intermediate regime. Regarding the translation of acts, the failure to appoint an interpreter for a defendant whose lack of knowledge of the Italian language has been established results in a nullity in the intermediate regime.

The principle expressed by the Court of Cassation highlights how the failure to appoint an interpreter is not merely a formality, but an essential requirement to ensure a fair trial. The nullity in the intermediate regime implies that procedural acts carried out without the presence of an interpreter cannot be considered valid, which allows for the possibility of appealing decisions made under such circumstances.

Practical Implications of the Judgment

The practical implications of judgment no. 48102 are manifold. Among these, we can highlight:

  • Strengthening the rights of foreign defendants in criminal proceedings.
  • Need for training for legal professionals regarding the management of cases with non-Italian speaking defendants.
  • Possibility to review previous cases where the appointment of an interpreter was not guaranteed.

This decision of the Court of Cassation represents an important step towards the protection of human rights and the respect for the principle of procedural fairness, which are fundamental in a democratic legal system.

Conclusions

In conclusion, judgment no. 48102 of 2023 offers an important reflection on the necessity of ensuring fair and accessible justice for all, regardless of the spoken language. Lawyers and legal professionals must pay particular attention to this aspect to avoid compromising the rights of defendants. The protection of linguistic rights is, in fact, a crucial element for a fair trial and for respecting the dignity of individuals involved in the criminal justice system.

Bianucci Law Firm