Advocates name three steps to ensure quality translations in criminal cases
The low quality of translation in criminal proceedings is a systemic problem due to the lack of regulation. It can be solved by creating a state register of translators with certification and re-certification, mandatory training, and quality control.
The position of the Ukrainian National Bar Association on this issue was prepared by the Committee on criminal law and procedure at the request of the Ministry of Justice.
In order to implement the Roadmap on the rule of law, approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025, the Ministry of Justice is conducting consultations with interested parties within the framework of legal monitoring in order to find solutions to the identified problems of legal regulation.
The UNBA drew attention to the fact that advocates representing the interests of suspects, defendants, or victims who are foreign citizens or persons who do not speak the official language regularly encounter situations where interpreters are unable to correctly convey the meaning of complex legal terms and constructions. This not only complicates communication during court hearings, investigations, and procedural actions (interrogations, delivery of suspicion), but also violates the fundamental principles of criminal procedure, including access to justice. The lack of specialized training for interpreters also leads to delays in proceedings, which contradicts the requirements of the CPC regarding reasonable time limits for the consideration of cases and increases the burden on the judicial system. In addition, in practice, pre-trial investigation bodies and courts often turn to random individuals for translation without checking their competence. This can lead to abuse, conflicts of interest, and even corruption risks.
In view of this, the UNBA Committee proposed a comprehensive approach to reforming the system of engaging interpreters in criminal proceedings.
First, it is proposed to introduce a Unified state register of interpreters for criminal proceedings (administered by the Ministry of Justice in cooperation with professional associations). Access to work in proceedings would only be granted after mandatory certification, with verification of education, experience, languages, specialization in legal terminology, and certification results.
Second, there should be a system of mandatory professional development and retraining for translators, with an emphasis on criminal law, procedure, and practical skills (translation of procedural documents, simulation of participation in investigative and judicial proceedings). There should also be regular re-certification with the possibility of removal from the register in case of non-compliance.
Third, it seems appropriate to create a specialized Center for the translation of procedural documents in the field of criminal proceedings under the auspices of the Ministry of Justice, which will ensure standardized quality and confidentiality and reduce the need to «search for a translator» in each case. Payment would be based on state tariffs (with a separate mechanism for free translation for certain categories of persons).
The full text of the UNBA's proposals on the issue of ensuring high-quality translation in criminal proceedings can be found at this link.
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