Judgment No. 2714 of 2024: The Right to Translation in Personal Precautionary Measures

Judgment No. 2714 of December 4, 2024, issued by the Court of Cassation, addresses a crucial issue regarding personal precautionary measures: the right to timely translation of orders for defendants who do not speak Italian. This principle is fundamental to ensuring the respect of defense rights, as established by Italian and European regulations.

Legal Context

The central issue of this judgment concerns the position of the non-Italian-speaking defendant, that is, someone who does not speak Italian and, therefore, may not fully understand the content of the precautionary measures against them. The judgment establishes that, in the case of delayed translation of the order, the defendant has the right to claim the nullity of the precautionary measure if they demonstrate that such delay has caused actual harm to their defense rights.

Key Principle of the Judgment

Non-Italian-speaking defendant - Order imposing a personal precautionary measure - Right to translation within a reasonable time - Interest in claiming nullity arising from delayed translation - Conditions. In the context of personal precautionary measures, there is an interest for the non-Italian-speaking person to claim the nullity arising from the delayed translation of the genetic order if they demonstrate, as a consequence of the delay, a significant illegitimate harm to their defense rights.

This principle highlights the importance of timely translation to ensure that the defendant can fully exercise their right to defense. The Court emphasizes how delays in translation can pose a significant barrier, compromising the right to understand and contest the charges brought against them.

Regulatory and Jurisprudential References

  • New Code of Criminal Procedure, art. 143
  • New Code of Criminal Procedure, art. 178, paragraph 1, letter c)
  • European Convention on Human Rights, art. 6
  • Italian Constitution, art. 24

The aforementioned regulations underscore the importance of ensuring adequate language assistance, especially in legal contexts where precautionary measures can have a dramatic impact on the lives of the individuals involved. The Constitutional Court has repeatedly reiterated the principle that every person has the right to be assisted in their own language, particularly when fundamental rights are at stake.

Conclusions

Judgment No. 2714 of 2024 represents a significant step towards the protection of the rights of non-Italian-speaking defendants, highlighting how the timeliness of the translation of precautionary orders is not only a matter of procedural correctness but an essential element to guarantee effective defense. Legal institutions must therefore ensure that such rights are respected, so that every defendant can fully exercise their right to defense, thus contributing to a fairer and more just legal system.

Bianucci Law Firm