Judgment No. 29253 of 2024: Translation of Acts and Rights of the Non-Native Defendant

The recent judgment No. 29253 of June 4, 2024, issued by the Court of Cassation, highlights a fundamental aspect of Italian criminal law concerning the translation of acts for defendants who do not speak the language of the proceedings. This decision emphasizes the importance of ensuring a fair trial and the right to defense, in line with Italian and European regulations.

The Case Under Examination

The central issue of the judgment concerns the translation of a ruling ordered by the judge but not carried out. The defendant, P. J., found himself in a situation of linguistic difficulty, being a non-native speaker. The Court established that, under such circumstances, the lack of translation of the ruling entails the non-expiration of the deadlines for appeal, with no burden on the defendant to request the translation or take action to remedy the inertia of the administration.

Judgment - Translation ordered by the judge, but not carried out - Consequences - Non-expiration of deadlines for appeal - No burdens on the non-native defendant - Exclusion - Case. Regarding the translation of acts in a language known to the non-native defendant, the failure to translate the ruling, ordered by the judge but not executed, leads to the non-expiration of the deadlines for appeal that the defendant can propose, without any burden on him to initiate actions aimed at ending the inertia of the administration. (Case concerning an order - annulled by the Court - with which the execution judge had rejected the request of the non-native defendant to declare the ruling non-executable, considering that he, upon the expiration of the deadlines for appeal, should have promptly requested to be restored in the same under Article 175 of the Code of Criminal Procedure, arguing the omission).

Implications of the Judgment

Judgment No. 29253/2024 represents an important step forward in the protection of the rights of defendants who do not understand the language of the proceedings. The implications of this decision can be summarized in the following points:

  • Recognition of the right to translation of acts, as provided by Article 143 of the New Code of Criminal Procedure.
  • Clarity on the responsibility of the administration to ensure that acts are translated in a timely manner.
  • Exclusion of burdens on the non-native defendant, who should not have to take action to request translation.

This judgment fits within a broader regulatory context, where fundamental rights are recognized for defendants, as established by the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union.

Conclusions

In conclusion, judgment No. 29253 of 2024 marks an important recognition of the linguistic rights of non-native defendants in the Italian criminal system. It strongly asserts that every defendant has the right to fully understand the proceedings against them, and that the administration has the obligation to ensure this right. This represents a significant step towards a more equitable and inclusive justice system.

Bianucci Law Firm