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

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1
GENERAL PROVISIONS

§ 10. Language of criminal proceedings

(1) The language of criminal proceedings is Estonian. With the consent of the body conducting criminal proceedings, participants in the proceeding and parties to the court proceeding, the criminal proceedings may be conducted in another language if the body, participants and parties are proficient in such language.

(2) The assistance of an interpreter or translator shall be ensured for the participants in a proceeding and the parties to a court proceeding who are not proficient in Estonian.

(3) All documents which are requested to be included in a criminal and court file shall be in Estonian or translated into Estonian. Documents in other languages prepared by investigative bodies and Prosecutors' Offices in terminated criminal proceedings shall be translated into Estonian by the order of the Prosecutor's Office or at the request of a participant in the proceeding.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(4) A text in a language other than Estonian may be entered in the minutes of a court session at the request of a party to a court proceeding. In such case, a translation of the text into Estonian shall be appended to the minutes.

(5) If the accused is not proficient in Estonian, the text of the statement of charges translated into his or her native language or a language in which he or she is proficient shall be communicated to him or her.

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 6
Making of Court Judgment

§ 315. Pronouncement of court judgment and explanation of right of appeal

(2) If the accused is not proficient in the language of the criminal proceeding, the court judgment shall be interpreted or translated for him or her after the pronouncement of the judgment.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities

§ 477. Scope of assistance
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(1) In addition to the conditions provided for in § 436 of this Code, assistance shall not be provided to a requesting state in the execution of a punishment or any other sanction imposed in the requesting state if :

4) the right of defence was not ensured to the accused or the criminal proceedings were not conducted in a language understandable to him or her ;

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