Interpreting in Spanish criminal courts

2019 ◽  
Vol 5 (3) ◽  
pp. 307-318
Author(s):  
Francisco J. Vigier Moreno
Keyword(s):  
Mother Tongue ◽  
Essential Element ◽  
European Parliament ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Spanish Speaking ◽  
Domestic Legislation ◽  
Right To Information ◽  
The Right

Abstract The quality of the interpreting carried out in criminal courts has come to the fore in Spain with the entry into force of domestic legislation transposing Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010, on the right to interpretation and translation in criminal proceedings, and Directive 2012/13/EU of 22 May 2012, on the right to information in criminal proceedings, which enshrines translation and interpreting as an essential element within procedural guarantees. The TIPp project was aimed at developing resources that facilitate court interpreters’ tasks based on the data obtained from a representative corpus of authentic interpreter-mediated criminal proceedings. In this contribution we describe and analyse the corpus, highlighting aspects such as the interpreter’s mother tongue, the type of offence that was tried, the procedural situation of the non Spanish-speaking user and whether there was whispered interpreting or the interpreter was given any instruction.

scholarly journals La Transposición al Derecho Nacional de la Directiva Europea 2010/64/UE en España, Francia, Bélgica y Luxemburgo: “Lost in transposition”

2015 ◽  
Vol 2 ◽  
pp. 94-109 ◽  
Author(s):  
Araceli Rojo Chacón
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Criminal Proceedings ◽  
The Creation ◽  
The Right

Resumen: En el contexto de la globalización, el número de procesos penales multilingües en la Unión Europea ha aumentado. Para afrontar este reto, el 20 de octubre de 2010, el Parlamento Europeo aprobó la Directiva 2010/64/UE sobre el derecho a la interpretación y traducción en los proceso penales. Agotado el plazo de transcripción, en este estudio se analizan las medidas adoptadas en España, Bélgica, Francia y Luxemburgo, centrándose en la principal novedad introducida por la Directiva: la creación de un registro de traductores e interpretes independientes. Para extraer mejores conclusiones, se compara la situación en estos cuatro países con el caso de Austria, donde los requisitos para actuar como traductor e interprete judicial fueron establecidos antes de la publicación de la Directiva. El objetivo principal de este articulo es destacar casos de buenas y malas prácticas y proponer nuevas iniciativas que puedan contribuir a mejorar la calidad de la traducción e interpretación en los procesos penales.Abstract: In a context of globalization, the number of multilingual criminal proceedings in the European Union is increasing. To deal with this challenge, on the 20th of October 2010, the European Parliament published the Directive 2010/64/UE on the right to interpretation and translation in criminal proceedings. Once the transposition deadline ended, the current study aims at analyzing the measures taken in Spain, Belgium, France and Luxemburg, focusing on the main innovation presented by the Directive: the creation of a register of independent translators and interpreters. For a better analysis, the situation in these four countries is compared to the case of Austria, where the requirements to act as judicial translator and interpreter had been established before the Directive. The main goal of the paper is to highlight cases of good and bad practices and to suggest new initiatives in order to improve the overall quality of translation and interpreting in criminal proceedings. 

International Criminal Courts and the Right to Information

2017 ◽  
Vol 15 (5) ◽  
pp. 953-983
Author(s):  
Olga Kavran
Keyword(s):  
International Criminal ◽  
Fundamental Rights ◽  
Freedom Of Information ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Courts ◽  
The Public ◽  
Full Compliance ◽  
Right To Information ◽  
The Right

Abstract Transparency of criminal proceedings is enshrined in international human rights instruments and the statutes of international criminal courts and tribunals. It is one of the fundamental rights of the accused and also a right of the public to be informed about the work of international judicial institutions. This article considers the rights at issue and looks at how international courts have discharged their duty to provide information to those interested in their work. It discusses freedom of information and what it means to conduct public trials at the international level. It analyses the public’s right to know and how it should apply to international judicial institutions. The article provides concrete proposals for measures that could be adopted to ensure full compliance with the freedom of information guarantees.

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

scholarly journals The Effectiveness of Hospital Accreditation Implementation as a Protection Effort on Patient Information Rights

2018 ◽  
Vol 54 ◽  
pp. 03014
Author(s):  
Anggraeni Endah Kusumaningrum
Keyword(s):  
Improve Patient Safety ◽  
Legal Protection ◽  
Good Health ◽  
Hospital Services ◽  
Hospital Accreditation ◽  
Complex Organization ◽  
Right To Information ◽  
The Right ◽  
The Cost

This paper aims to analyze the effectiveness of the implementation of hospital accreditation in an attempt to provide legal protection of the right information of patients in hospital. The right to information stated on Article 7 and Article 8 of Law No. 36 of 2009 on Health as well as the shortcomings and advantages of health services. Along with the increasing awareness of the community to get good health service, raises the attitude of the critical patient. Patients no longer hesitate to ask the alternative treatment they will receive, whether in accordance with the cost incurred. The hospital is a complex organization because it is capital-intensive, energy, technology and various issues, covering the fields of law, economics, ethics, human rights, technology, and others with different principles and perspectives. The complexity of services in hospitals requires quality assurance and hospital service safety in the form of accreditation. Hospital accreditation is an acknowledgment given by an independent accrediting institution related to the assessment of the fulfillment of quality standards of hospital services on an ongoing basis. Therefore an accredited hospital is expected to effectively improve the quality of its services to their patients. The increased quality of hospital services will certainly improve patient safety and provide protection for patients.

On the quality of outsourced interpreting services in criminal courts in Spain

Babel ◽  
2020 ◽  
Vol 66 (2) ◽  
pp. 208-225
Author(s):  
Francisco J. Vigier-Moreno
Keyword(s):  
International Migration ◽  
Human Mobility ◽  
Cross Cultural ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Private Companies ◽  
Cultural Services ◽  
Cross Border ◽  
Migration Flows

Abstract Globalisation, cross-border human mobility and international migration flows have prompted cross-linguistic and cross-cultural services (e.g. translation and interpreting) in all spheres of current societies, including a sector as sensitive as justice. In Spain, as in many other countries, in the last two decades, despite fierce criticism from practitioners and academics, there has been a trend for the authorities to meet these needs by outsourcing these services to private companies rather than hiring qualified professionals individually, on the grounds that this system allows for cheaper and more efficient services. This article presents the most relevant results of a research project based on the analysis of a corpus of authentic interpreter-mediated criminal proceedings, the first project of this kind in Spain. After briefly explaining how the project was carried out and how the corpus was transcribed, annotated and analysed, special attention is paid to the findings in relation to the interpreters’ performance in terms of fidelity and accuracy, and some illustrative examples are provided. The aim is to address the quality of outsourced interpreting services in Spanish criminal courts as well as to indicate areas for improvement.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 23 Restrictions on Prescription

2018 ◽  
Author(s):  
Pinzauti Giulia
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Case Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Domestic Legislation ◽  
The Right

Principle 23 deals with statutory limitations (prescription, in French) aimed at protecting defendants from stale claims that might be difficult to counter. Statutory limitations refer to legal norms that regulate the effects of the passage of time in domestic systems. In criminal law, they provide for a maximum timeframe, or prescription period, within which criminal proceedings can be instituted or sentences enforced. The passage of time makes the gathering of evidence more difficult and may also reduce the effectiveness of criminal prosecution. Significant delays in criminal action may thus impair the accused’s right to a fair trial. Furthermore, criminal proceedings tend to lose legitimacy as time passes. After providing a contextual and historical background on Principle 23, this chapter discusses its theoretical framework and how the statutory limitations have been applied in practice under multilateral treaties, domestic legislation and case-law. It also examines the practice of United Nations organs.

scholarly journals Radio and Television Programs for National Minorities of the Border Multicultural Region (on the example of Transcarpathia, 1930-1991)

2020 ◽  
Vol 8 ◽  
pp. 188-199
Author(s):  
Nataliia Tolochko
Keyword(s):  
Nineteenth Century ◽  
Mother Tongue ◽  
Political Order ◽  
Border Region ◽  
The Political ◽  
Ethnic Communities ◽  
Television Programs ◽  
National Minorities ◽  
Right To Information ◽  
The Right

      The article deals with the acute problems of the origin and development of radio and television programs for national minorities within the border region of Ukraine – Transcarpathia  (in pre-Soviet and Soviet periods). The problem under consideration is relevant because of the fact that since the nineteenth century seven states and state entities have changed the territory of Transcarpathia. As representatives of different nationalities, most numerous being Hungarians, Romanians, Russians, Roma, Slovaks, Germans  have long lived at this territory, attention has been paid to changing the ethnic picture over the years. The emergence and development of media for national minorities in the pre-Soviet and Soviet periods depended on the political order, ideology of the states including Transcarpathia. Therefore, some ethnic communities did not have radio and television programs in their mother tongue during the USSR period and were granted the right to information only after Ukraine gained independence.

scholarly journals HARMONIZATION OF CRIMINAL PROCEDURE AS A MEANS OF ENSURING THEIR UNIFORM APPLICATION

2021 ◽  
Vol 31 (3) ◽  
pp. 509-514
Author(s):  
D.V. Tat'yanin
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
High Quality ◽  
Red Tape ◽  
Judicial Proceedings ◽  
The Law ◽  
The Right ◽  
Different Content

The law of criminal procedure contains a number of rules with different content, which raises a number of questions in their interpretation and application. Decisions made using rules with different content lead to their appeal, often to annulment, which does not ensure the achievement of the appointment of criminal proceedings, but leads to unjustified red tape in criminal proceedings and the delay in making final decisions on them. The need to harmonize criminal procedure rules is related to ensuring high-quality and effective criminal proceedings, ensuring the protection of the rights of participants in criminal proceedings, the quality of the evidence process, both in pre-trial and judicial proceedings. The article addresses the problems of unification of criminal procedure rules containing such concepts as an investigator and urgent investigative actions. It is proposed to eliminate the contradictions in them in order to ensure their uniform application. The introduction of a single concept of investigator and refusal to use the profession of "forensic investigator" in this concept is justified, it is proposed to expand the number of participants who have the right to carry out urgent investigative actions, as well as to assign to them investigative actions carried out at the stage of initiating a criminal case.

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