Judgment No. 17327 of 2023: The Right of the Foreign Defendant to Assistance from an Interpreter
The judgment No. 17327 of January 20, 2023, filed on April 26, 2023, issued by the Court of Cassation, provides an important reflection on the right of foreign defendants to be assisted by an interpreter during the trial. This right is not automatic but is based on specific conditions, as clarified by Article 143 of the Code of Criminal Procedure.
The Right to Assistance from an Interpreter
According to the Court, a foreign defendant has the right to be assisted by an interpreter only if they demonstrate or declare that they do not know the Italian language. This principle is fundamental to ensuring a fair trial, as the inability to express oneself or understand the language of the proceedings may compromise the defense and the right to legal protection. The ruling specifies that there is no indiscriminate obligation to provide this assistance, thus leaving the defendant free to request or not the intervention of an interpreter.
- The right is subject to the declaration of not understanding the Italian language.
- The judicial authority has the power to assess the necessity of an interpreter.
- The appointment of a trusted defense attorney does not automatically imply knowledge of the Italian language.
Foreign defendant - Right to be assisted by an interpreter - Conditions - Case. The right of the foreign defendant to be assisted by an interpreter exists provided that they demonstrate or at least declare that they cannot express themselves in Italian or do not understand it, given that Article 143 of the Code of Criminal Procedure does not provide for an indiscriminate obligation to appoint an interpreter for foreigners as such, but leaves them the freedom to decide whether to request such assistance, assigning to the judicial authority the power and duty to assess its necessity. (In application of this principle, the Court held that, in light of the repeated requests for an interpreter, the appointment of a trusted defense attorney by the foreign defendant, who was present in Italy without a fixed abode, did not constitute a symptomatic element from which to infer knowledge of the Italian language).
Implications of the Judgment
This judgment has several significant implications. First, it establishes an important precedent for future cases, clarifying that the right to assistance from an interpreter cannot be considered automatic but must be evaluated on a case-by-case basis. Furthermore, the Court emphasizes the importance of ensuring that foreign defendants can effectively exercise their right to defense, preventing language barriers from compromising their access to justice.
Conclusions
In conclusion, judgment No. 17327 of 2023 represents a step forward in the protection of the rights of foreign defendants, highlighting the need for careful and personalized assessment of the right to assistance from an interpreter. It is essential that the actors in the legal system are aware of these provisions to ensure a fair and just trial for all.
