The right to a fair trial: the role of the translator-interpreter in the criminal trial

• Author: Diana Domnica Danisor
• Position: University of Craiova, Craiova - Romania
• Pages: 26-31

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 26-31

26

THE RIGHT TO A FAIR TRIAL: THE ROLE OF THE TRANSLATOR-

INTERPRETER IN THE CRIMINAL TRIAL

D. D. Dnior

Diana-Domnica Dnior

Faculty of Law and Administrative Sciences,

University of Craiova, Craiova, Romania

*Correspondence: Diana-Domnica Dnior, University of Craiova, 13 Al. I. Cuza Street,

Craiova, 200585, Dolj, Romania

E-mail: danisordiana@yahoo.ro

Abstract

The judicial dialogue, as an expression of judicial controversy, is organized in the

national language. In order to observe the principle of audi alteram partem, when a litigant

speaking another language is present, it is required that the dialogue should be reconstituted

with the assistance of a translator-interpreter. The latter informs the litigant who speaks

another language of “all acts that may affect him to a certain extent”, in order to make the

counsel understand the proceedings and to protect the rights of the person he defends. The

translator-interpreter is thus the protector of the rights of the person for whom he translates,

allowing the accused to participate in the debate. The presence of this occasional

collaborator is a guarantee of good justice. Standing among the actors of a trial, the

interpreter is the faithful transmitter of each person’s words by the search of equivalences

between two utterances. The translation must render as accurately as possible the intentions

of the author of the translated utterance, thus becoming an “accurate re-creation”, a

“creation of meaning”. Frequently based on “syntactical archaisms” and “stereotyped

formulas”, these turns do not have an equivalent in other languages.

Keywords: the right to a fair trial, Romanian Constitution, the judicial dialogue, New

Code of Criminal Procedure.

Section 1. The right to a fair trial in the Romanian Constitution and in the European

Convention on Human Rights

The right to a fair trial is safeguarded by the Romanian Constitution in art. 21(3),

stipulating that “All parties shall be entitled to a fair trial and a decision in their cases within a

reasonable time”. As for the language in which the trial is conducted, the Constitution

provides, in art. 128, Use of mother tongue and interpreter in court: “(1) The legal procedure

shall be conducted in Romanian. (2) Romanian citizens belonging to national minorities shall

have the right to use their mother tongue before the courts of law, under the terms of the

organic law. (3) The ways of exercising the right stipulated in paragraph (2), including the use

of interpreters or translations, shall be stipulated so as not to prevent proper administration of

justice and not to involve additional expenses for those interested. (4) Foreign citizens and

stateless persons who do not understand or do not speak the Romanian language shall be

entitled to be informed of all the documents and materials in the file, to speak in court and

draw conclusions, by means of an interpreter; in criminal trials, this right is ensured free of

charge”. The judicial dialogue, as an expression of judicial controversy

1

, is organized in the

national language. In order to observe the principle of audi alteram partem, when a litigant

1

”La procédure c'est l'orga nisation de la controverse”, Wierderkehr, G., Droits de la défense et procédure civile,

D 1978, Chron, p. 38.