'Rights during trial - interpretation and translation' in document 'Timor-Leste - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE IV
ON PROCEDURAL ACTS

CHAPTER II
ON THE TIME SCHEDULE, FORM AND DOCUMENTATION OF PROCEEDINGS

Article 83
Appointing an interpreter

1. An interpreter shall be appointed where a person, who does not either know or master the official language in use, is to make a statement.

2. In addition to the situation referred to in the preceding article, the appointment of an interpreter is compulsory :

(a) if it is necessary to translate a document written in a language other than one of the official languages of Timor-Leste or if such a document is not accompanied by a certified translation ;
(b) if a hearing-impaired person who cannot read, a speaking-impaired person who cannot write, or a hearing- and speaking-impaired person who cannot either read or write, is to make a statement.

2. The appointed interpreter takes the following oath : << I undertake, on my honour, to faithfully fulfil the role that has been entrusted to me >>

CRIMINAL PROCEDURE CODE

PART IV
ON FINAL PROVISIONS

Article 354
Requirements for confirmation

1. In order for a criminal sentence imposed by a foreign court to be confirmed, the following requirements need to be met :

(d) that the defendant has been assisted by a defender and, where the defendant was not familiar with the language used in the proceeding, also by an interpreter ;

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