Comment on Judgment No. 1098 of 2024: Nullity of the Immediate Trial Decree for Failure to Translate

Italian criminal law provides a series of fundamental guarantees for defendants, particularly for those who do not speak Italian. The recent judgment No. 1098 of 2024, issued by the Court of Cassation, addresses the issue of the translation of judicial provisions, highlighting the implications of an omission in this area. In this article, we will analyze the key points of the judgment and its impact on jurisprudence.

The Case: Failure to Translate and Nullity of the Immediate Trial Decree

The Court declared the provision by which the trial judge annulled the immediate trial decree for failure to translate into a language known to the defendant, a foreign-speaking citizen, to be abnormal. According to the Court, the omission of such translation does not justify the declaration of nullity and the return of the documents to the public prosecutor. This aspect is crucial because it touches on the principle of a fair trial, guaranteed by Article 111 of the Italian Constitution and Article 6 of the European Convention on Human Rights.

Immediate trial decree - Failure to translate into a language known to the foreign-speaking defendant - Declaration of nullity and return of documents to the public prosecutor - Abnormality - Reasons. The provision by which the trial judge declares the nullity of the immediate trial decree and the related request for failure to translate into a language known to the foreign-speaking defendant and orders the return of the documents to the public prosecutor is abnormal. (In the motivation, the Court specified that it is up to the trial judge to arrange for the renewal of the citation, prior to the translation of the immediate trial decree, while the failure to translate the related request has no procedural consequences).

The Implications of the Judgment

The decision of the Court of Cassation emphasizes the importance of ensuring that defendants fully understand the proceedings against them. Among the main implications of the judgment, we can highlight:

  • The responsibility of the trial judge in ensuring the translation of provisions, preventing omissions from undermining the right of defense.
  • The distinction between the translation of the immediate trial decree and that of the request, where the latter has no procedural consequences.
  • The need for greater attention from judicial authorities to prevent such situations from recurring, always ensuring respect for the fundamental rights of defendants.

Conclusions

Judgment No. 1098 of 2024 represents an important step forward in the protection of the rights of non-Italian-speaking defendants. This case highlights the need for a judicial system that respects the principle of a fair trial, ensuring that all defendants, regardless of their language, have the opportunity to understand and actively participate in their own trial. It is essential that judges are always aware of their responsibilities and the implications of their decisions, to avoid procedural errors that could compromise the entire legal system.

Bianucci Law Firm