The right to free access to interpretation and translation in criminal proceedings: Spanish panorama

Mar Jimeno-Bulnes, Professor of Procedural Law (University of Burgos, Spain) and Temporary Magistrate at Burgos Provincial Court

The fundamental right to free interpretation and translation is examined here in the light of both European and national legislation as well as judicial practice in Spain. From the first perspective, we should take into account the new Proposal for a Council Framework Decision presented by the European Commission on July 8th, 2009 on the provision of the right to free interpretation and translation in criminal proceedings in the Member States of the European Union; for this reason a short commentary on it is proposed, due to its significance as well as its future implementation in national legislations. From the second perspective a more exhaustive approach to the legal panorama currently in force in domestic law in Spain will be presented. Here the exposition of Spanish regulation in the Criminal Procedural Act will take place as well as Spanish judicial experience on this point in the courts; special attention will be paid to certain questions and possible dilemmas that are perhaps of greatest interest due to jurisprudence existing from the highest courts such as the Supreme and Constitutional Court. At last, some succinct final considerations will be exposed.

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The right to free access to interpretation and translation in criminal proceedings.pdf