Translation of Judgments: Analysis of Judgment No. 30805 of 2024 by the Court of Cassation

Judgment No. 30805 of January 15, 2024, by the Court of Cassation represents an important reference point regarding the translation of procedural acts, particularly concerning non-Italian-speaking defendants. The Court, chaired by G. A., and reporting judge A. A. M., addressed crucial issues related to the rights of non-Italian-speaking defendants, establishing precise limits on the obligation to translate the judgments issued by the Court itself.

The Regulatory Context

The issue of translating acts is governed by Article 143 of the Code of Criminal Procedure, which establishes that the prosecuting authority has the obligation to translate acts to ensure the right of defense for defendants. In particular, paragraph 2 of the article states that this obligation also applies to judgments of the Court of Cassation, but only in specific circumstances.

Non-Italian-speaking defendant - Obligation to translate judgments - Judgments of the Court of Cassation - Applicability - Limits - Case law. Regarding the translation of acts, the provision of Article 143, paragraph 2, of the Code of Criminal Procedure, indicative of those for which there is an obligation for translation by the prosecuting authority, applies to judgments of the Court of Cassation issued against non-Italian-speaking defendants, only in cases where they do not conclude the process and do not negate the aforementioned quality, which is related to the necessity of understanding the accusation and exercising the right of defense. (Case related to a judgment of partial annulment with referral, in which the Court specified that the obligation to provide for translation lies with the court of merit and not with the court of legitimacy).

The Implications of the Judgment

The Court clarified that the obligation to translate judgments applies only when the judgment does not conclude the process. This means that, in cases of judgments that partially annul the merits decisions and refer the case, the court of merit is responsible for the translation, not the court of legitimacy. This aspect is fundamental to ensure that the non-Italian-speaking defendant can understand the charges against them and adequately defend themselves.

  • Obligation to translate only for non-conclusive judgments
  • Responsibility of the court of merit for translation
  • Importance of the right of defense for non-Italian-speaking defendants

Conclusions

In summary, Judgment No. 30805 of 2024 offers an important interpretation of the right to translation for non-Italian-speaking defendants. It emphasizes the importance of ensuring the right of defense, clearly establishing the limits and responsibilities regarding the translation of procedural acts. This regulatory clarification not only protects the rights of defendants but also strengthens the principle of fairness in criminal proceedings.

Bianucci Law Firm