Accreditation of translators

A court interpreter is an interpreter, which is used by a court to linguistic mediation. Whereas the use of an interpreter is required if a party or other proceedings the court does not speak. The use of an interpreter ensures the right of the sprachunkundigen foreigner to be heard. The interpreter must be distinguished from the document translator.

Oath

Each interpreter, which is used by a court to administer oaths mandatory. Only in the voluntary jurisdiction may be waived taking the oath of an interpreter by the parties. An interpreter is to swear an oath that he will faithfully transmitted and conscientiously. As the only party to the proceedings, he has to make a compelling Voreid. The oath is to be paid prior to any trial. The same applies to the investigation. In contrast, a swearing by administrative authorities or the police is not provided.

Thus, the judge, the interpreter does not have to remove a Voreid before any negotiation, the states may introduce an administrative procedure in which sworn interpreter for an indefinite number of methods by law. At such publicly appointed and sworn translator is sufficient at the trial or in the investigation citing the oath. In addition, the public order allows under such administrative procedure for prior examination of aptitude and ability of the interpreter. Sworn Interpreters are performed in particular, conducted by judicial authorities directories have access to the courts and authorities. A so appointed interpreter performs a set by state law designation (eg " publicly appointed and sworn interpreter" ).

Selection

As a rule, courts rely on independent interpreter or interpreters offices. In exceptional cases, their own agents, such as a registrar of the office, can be used. Who is obligated as an interpreter, is at the discretion of the judge. However, whereas the use of an interpreter by a public authority may be regulated by administrative regulation to the effect that should be made to publicly appointed and sworn interpreters special care.

If all the parties to the proceedings in a foreign language powerful, can be negotiated without an interpreter in a foreign language. Only in the voluntary jurisdiction whose methods are not public, can be dispensed with an interpreter if the judge alone ( here the functional judicial officer ) of the foreign language is powerful ( § 9 FGG ).

Task

Interpreter in the sense of procedural law ( § 185 GVG ) is a linguist, all statements that are issued within the procedure of the foreign language into the language of the court, or vice versa averages ( contrary document translator ). The interpreter transmits not only the spoken word at the hearing, but also briefs (eg foreign language application) or other procedural explanations. In Criminal Procedure, it is sufficient, however, if the defendant made ​​the final lectures available only the requests of the Prosecutor and the defense are disclosed ( § 259 Code of Criminal Procedure ); but the remaining procedural statements are all to interpret. If oral statements or statements, being interpreted, usually a transcript will be made ​​only in German language. Basically go transmission error of the interpreter, therefore, at the expense of sprachunkundigen person. Only if the judge considered with regard to the importance of the matter for necessary foreign language declarations and statements in the minutes or a facility shall be written down.

Costs

The remuneration of the court interpreter is subject to the Judicial Remuneration and Compensation Act.

In Criminal Procedure, the cost of an interpreter usually the Treasury to be a burden, even if the defendant is convicted. A Kostenüberbürdung contrary to the prohibition to discriminate against someone because of his language ( article 3, paragraph 2 of the Basic Law ) and the article 6 paragraph 3 lit.e of the European Convention on Human Rights. The cost will only be imposed on the defendant, if he has culpably caused by culpable failure by or in any other way. Disputes is the overburdening of the interpreter's fees for voice transmissions outside of the main proceedings, eg for preliminary talks with the defender of the accused, in telecommunications or living space monitoring in the investigation or prisoners letters in a foreign language.

In civil proceedings, the interpreter specified by the command center or by the trial court to be paid out compensation will be added as an expense of the court the court costs. Court costs shall be borne by the party that underlies according to general rules. If the use is required, no advance payment may be required by the sprachunkundigen party but because the interpreters to be used by court due and not at the request of a party.

Footnotes

  • Interpret
  • Free professional
  • Organisation of justice
  • Job function
  • Occupation ( of justice )
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