Analysis of Judgment No. 44251 of 2024: Translation of Acts and Intermediate Nullity

Judgment No. 44251 of October 16, 2024, issued by the Court of Cassation, represents an important step in Italian jurisprudence concerning the rights of defendants who do not speak Italian. In this decision, the Court addressed the issue of the lack of translation of the appeal judgment for a non-Italian-speaking defendant, clearly establishing the necessary conditions to assert intermediate nullity.

The Context of the Judgment

In particular, the Court rejected the appeal presented by the trusted defender of the defendant P. L., emphasizing that the burden of proving a concrete and current interest in appealing in the case of a lack of translation rests on the defendant himself. This principle is based on the need to ensure that the defense is not compromised by a lack of understanding of the procedural acts.

Non-Italian-speaking defendant - Lack of translation of the judgment - Intermediate nullity - Interest in asserting it - Conditions - Case. Regarding the translation of acts, a non-Italian-speaking defendant who complains about the lack of translation of the judgment bears the burden, in line with the general nature of intermediate nullity that comes into play in this case, to indicate the existence of a concrete, current, and verifiable interest in appealing, as mere allegations of abstract or potential harm are insufficient. (Case relating to an appeal for cassation duly submitted by the trusted defender of a non-Italian-speaking defendant, in which the Court deemed inadmissible the reason asserting the lack of translation of the appeal judgment, as the appellant failed to demonstrate whether and to what extent the lack of timely personal knowledge of the contested judgment affected his defensive strategies).

The Conditions for Nullity

The Court clarified that it is not enough to claim abstract or potential harm to justify the nullity of the judgment; it is necessary to demonstrate a concrete and current interest. This implies that the defendant must prove how the lack of translation has affected his defensive choices. This decision aligns with the principles established by the New Code of Criminal Procedure, particularly Articles 143, 178, and 180, which concern the methods of translating acts and the protection of the rights of defendants.

Conclusions

Judgment No. 44251 of 2024 invites us to reflect on the importance of the translation of procedural acts, especially in a global context where defendants may come from diverse cultures and languages. The right to a fair defense is a fundamental principle of our legal system, and the Court has reiterated that procedural guarantees must be effective and not merely formal. It is essential that defenders are aware of these requirements in order to best protect the rights of their clients, ensuring that every defendant can fully understand the decisions that concern them.

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