'Rights during trial - interpretation and translation' in document 'Malta - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title IV Of the Criminal Court

452. (1) Save as otherwise expressly provided, an interpreter shall not be chosen from among the jurors, counsel for the accused, witnesses, referees, or other persons employed in the service of the court or of the Attorney General, with the exception of the official interpreter. It shall, however, be lawful for any of the parties to take objection against the official interpreter or any other person appointed to act as interpreter, before the same enters upon his duties, and any such objection shall be determined by the court.

(2) Nevertheless, it shall be lawful for the court to appoint any person employed in the service of the court to act as interpreter, if it appears to its satisfaction that sufficient inquiries have been made and that no other person suitable to act as interpreter could be found.

(3) The person appointed to act as interpreter, if he is not in the building in which the court is sitting, shall be summoned by means of a subpoena.

(4) Any person residing in Malta, who, being appointed to act as interpreter, shall, without a just cause, fail to appear at the time and place appointed by the court, or shall refuse to act as interpreter, or shall leave the court before he is dismissed, may be dealt with as a witness who fails to appear to give evidence, or who, having appeared, refuses to give evidence, or leaves the court before he is discharged.

(5) The provision contained in article 633(2) shall apply if the interpreter is the husband or wife of the accused, or is related to the accused by consanguinity in any of the degrees mentioned in that article, or if other particular circumstances occur.

(6) The interpreter appointed by the court, if he is not a person employed in the service of the Government, shall be entitled to a remuneration to be fixed by the court according to circumstances.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks