The right to interpretation and translation in criminal proceedings – challenges and difficulties stemming from the implementation of the Directive 2010/64/EU

Maciej Fingas

Abstract

In modern Europe issues related to the obligation to ensure the right to fair criminal trial for persons who do not speak or understand the language of the criminal proceedings are still pressing. The article discusses main problems stemming from the implementation of Directive 2010/64/EU, especially issues connected with: the scope of and exceptions to the right to written translation of essential documents, the problem of translation of all procedural applications submitted by the accused himself in a language other than the language of the court, the obligation to make available interpretation during communication between the accused and his legal counsel under confidentiality conditions, and - last but not least - professional qualifications of interpreters and translators providing assistance in criminal cases. The article points out that the glaring discrepancies among Member States in the legal and practical implementation of the right to interpretation and translation may result in divergent procedural standard in individual cases, depending on the location of the criminal proceedings.
Author Maciej Fingas (FLA / DCPC)
Maciej Fingas,,
- Department of Criminal Procedure and Criminalistics
Journal seriesEuropean Criminal Law Review, ISSN 2191-7442, (0 pkt)
Issue year2019
Vol9
No2
Pages175-186
Publication size in sheets0.55
DOIDOI:10.5771/2193-5505-2019-2-175
Languageen angielski
Score (nominal)5
Score sourcejournalList
ScoreMinisterial score = 5.0, 28-01-2020, ArticleFromJournal
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