Translation or interpretation assistance for the accused and the possibility of verifying findings of fact made in connection with the translator’s or interpreter's activities in criminal proceedings

Abstract

The right to the assistance of a translator/interpreter is one of many procedural guarantees for the accused. It should be noted that while this regulation itself is a manifestation of the right to defence and an element of a fair trial, there are no criteria in the Polish statute regulating the criminal procedure that would enable verifying the qualifications of the person appointed to perform this function. This, in turn, results in a lack of mechanisms allowing the court and the parties to verify incorrect translation or interpretation of specific content into the Polish language. Therefore, the purpose of the discussion in this article is, in particular, to address the consequences of violating the right to the assistance of a translator or interpreter (and consequently, the right to defence) in a situation where the translator or interpreter called upon during the proceedings does not have a sufficient command of the legal language, which may result in defective translation or interpretation and, consequently, an erroneous determination of the facts of the case by the court.