Quite often, there are situations when the presence of a competent interpreter can be a decisive factor in a court case. Moreover, here it is time to get interested in what exactly the requirements of the Criminal Procedure Code allow you to determine the professional level of this person. Many people believe that only the presence of special education, confirmed by the appropriate diploma, can attest to professional competence. However, a sufficient level of proficiency in a particular foreign language is often confirmed only by a Certificate of Secondary Education. This possibility arises when the translator lived and studied in the same country as the accused. In addition, a mandatory requirement for the interpreter specialist is also a Diploma of Higher Education obtained on the territory of Ukraine. The conclusion that this is exactly how it should be was made by the panel of judges of the Cassation Criminal Court (during a session of the Supreme Court of Ukraine). This event occurred during the consideration of case 732/415/19.
According to the materials of the mentioned implementation, it becomes clear why the court of first instance refused the defender of the accused to challenge the interpreter. A corresponding resolution was adopted on this issue. The fact is that in his statement, the defender stated that the interpreter did not have special education. In the opinion of the respondent, such a specialist cannot provide translation of the appropriate quality.
The court of first instance recognized the absence of circumstances provided for in Articles 77 and 79 of the Criminal Procedure Code as the basis for refusal on this issue. It was found that the interpreter's competence meets all the requirements.
This confidence is confirmed both by the Certificate of Secondary Education obtained in the Republic of Lithuania and a Diploma of Higher Education obtained in Ukraine. This is evidenced by the absence of complaints about the competence of the interpreter during the pre-trial investigation and the preparatory process that preceded the court session. Moreover, there were no comments on the performance of the functions of an interpreter during this period.
The complaint from the defender appeared only during the review of the proceedings by the court of appeal. However, the arguments given (identical to those given in the cassation appeal) were not perceived as convincing. The claims were given an appropriate assessment, which was the reason for rejecting the submitted application.
In this decision, the court of Appeal was forced to follow the requirements presented in Article 419 of the Criminal Procedure Code. As a result, the defender's arguments regarding the violation of the rights of his client because of the interpreter's incompetence were found to be groundless. The reason for this decision was the absence of complaints about low-quality translation and requirements for additional explanations that may have arisen during the pre-trial investigation. In addition, the Criminal Cassation Court of the Supreme Court noted that the legislation does not allow both participants in criminal proceedings and the court to assume the duties of an interpreter.
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