Judgment No. 27103 of 2024 and the Rights of Non-Italian Speaking Defendants

The recent Judgment No. 27103 of May 2, 2024, filed on July 9, 2024, has generated considerable interest in the field of criminal law, particularly regarding the procedural guarantees for defendants who do not speak Italian. This ruling from the Court of Cassation addresses a crucial issue: the consequences of the lack of translation of an order rejecting the request for review for a non-Italian speaking defendant.

The Case and the Court's Decision

The Court annulled without referral a provision from the Bari Court of Liberty, emphasizing that the lack of translation of the rejection order does not render the provision itself null. The Court clarified that the terms for filing an appeal to the Court of Cassation begin only from the moment the defendant has actual knowledge of the contents of the provision. This decision is based on a careful reading of Articles 143 and 309 of the Code of Criminal Procedure and the European Convention on Human Rights, particularly Article 6, which guarantees the right to a fair trial.

Non-Italian speaking defendant - Lack of translation of the order rejecting the request for review - Consequences - Reasons. The lack of translation into a language known to the non-Italian speaking defendant, who does not understand Italian, of the rejection order of the request for review against a provision applying a personal precautionary measure does not render it null, solely affecting that the terms for filing an appeal to the Court of Cassation begin from the moment the aforementioned has actual knowledge of the contents of the provision. (In the reasoning, the Court clarified that the provision is not included among those that must necessarily be translated pursuant to Article 143, paragraph 2, of the Code of Criminal Procedure, nor among those essential for understanding the charges under Article 143, paragraph 3, of the Code of Criminal Procedure).

Implications of the Judgment

This judgment has significant implications for Italian criminal law. In particular, it highlights the necessity to ensure that defendants, especially those of foreign origin, have access to clear information regarding their rights and the charges against them. Although the Court established that the lack of translation does not result in automatic nullity, it is fundamental that lawyers and legal institutions take action to ensure that the rights of defendants are always respected.

  • Recognition of linguistic rights
  • Importance of translation in criminal proceedings
  • Protection of non-Italian speaking defendants

Conclusions

In conclusion, Judgment No. 27103 of 2024 represents a significant step towards greater protection of the rights of defendants who do not speak Italian. It underscores the importance of actual knowledge of legal provisions and invites reflection on how to ensure a fair trial for all, regardless of the spoken language. It is essential that the legal system continues to evolve to meet the needs of an increasingly multicultural society.

Bianucci Law Firm