La traduzione degli atti per lo straniero alloglotto: un diritto incompiuto tra incertezze legislative e resistenze giurisprudenziali

The right to translation in criminal proceedings is the sine qua non condition for defendants who do not master the language used in court to follow the proceeding in which they are involved and to exercise their right to defence. Given the importance of the right and the European recommendations, the Italian Government has taken action by adopting Legislative Decrees No 32/2014 and 129/2016. Despite such intervention, the enjoyment of the right to translation by defendants who do not master the language used in court seems to remain unaccomplished for two reasons. In particular, the first reason relates to the superficiality and inconsistency of the current law regulation; the second reason relates to the well-established courts jurisprudence, which limits the enforcement of the right. This paper places particular emphasis on these aspects and shows how the current law regulation and enforcement are in sharp contrast with the purpose behind the right to translation and the European recommendations.