Claim for reopening the criminal trial. Invoking the breach of the provisions of Art. 105 of the Criminal Procedure Code. Hearing the accused in the presence of a person speaking the foreign language without official capacity as sworn interpreter/trans

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

In the absence of any criminal investigation by the investigative bodies to ensure the accused the right to benefit from the services of an authorized Ukrainian-speaking interpreter, but also in the absence of justification for an emergency situation requiring the presence of another Ukrainian-speaking person, not qualified as a certified official translator with the guarantee of the quality of the legal translation / interpretation, the procedure regarding the accused was vitiated from the perspective of the right to a fair trial, especially the right to defense. Even in case of emergencies, the domestic law proved to be demanding and gave the accused the possibility to be assisted by a person without official capacity of sworn interpreter /translator and, consequently, without the necessary qualification to ensure the proper nature of the interpretation/translation made in the criminal procedure, subject to immediate resumption of the hearing in compliance with the equity guarantees, in the presence of an authorised interpreter (pursuant to Art. 105 para. (2) of the Criminal Procedure Code).