(e) are there oral translations or oral summaries of essential documents? in what circumstances?
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Austria
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In principle, any document may be translated orally or even summarised orally if the suspect has a legal counsel (§ 56(5) StPO). However, the suspect may still request the written translation of such parts of the documents that are necessary to understand the indictment.
In practice, the possibility to replace the written translation by an oral translation is very problematic. I am aware of cases where documents have been translated orally for hours, so that the suspect had no possibility to understand or to remember every detail required for the defence.
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Belgium
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Yes, during or the interrogations or the court hearings if the suspect or accused is interrogated about or confronted with documents of the criminal files written in a language he does not understand.
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Bulgaria
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The transposing amendment to CPC provided for an opportunity to provide, as an exception to the general rules, oral translations or oral summaries of essential documents. In this respect, the national legal rule is an almost verbatim reproduction of the Directive provision. However, I have no information about cases where translations were in practice substituted by their oral equivalents.
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Croatia
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According to the Article 8, Paragraph 6 of the CPC, competenty body may instead of written translation, assure oral translation only if the suspect or accused person hired defence lawyer and if his procedural right on defence would not be violated with that decision.
Also, according to the Article 8, Paragraph 8 of the CPC, interpretation of the communication between the suspect or accused person and his defence lawyer must be provided in all stages of procedure, if it is requested.
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Cyprus
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According to the Law that provides for the Interpretation and Translation during the Criminal Proceedings (L. 18(I)/2014), the competent authority may provide, instead of a written translation, oral translation or/and oral summary of the essential documents, provided that the oral translation or/and the oral summary, does not prejudice the fairness of the proceedings. (Article 5(5))
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Czech Republic
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Oral translation of a document or its essential content, instead of a written translation, applies only to “other” documents mentioned under letter (b) as set in Section 28(4) CCP. Whether only oral translation will apply shall be decided by the competent law enforcement authority.
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Estonia
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According to § 10(7) of CCP, the text of a statement of charges and judgment shall be translated in writing [in full]. Other documents may be translated orally or an oral summary may be made thereof, unless this affects the fairness of the proceedings.
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Finland
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See previous answers. As told, at the interrogation stage oral translation is usually the only way documents are translated. During coercive measures proceedings in court, the same usually applies.
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France
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Article 803-5 provides that in exceptional cases an oral translation or an oral summary can be performed of essential decisions when such decisions have to be officially communicated or notified.
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Germany
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Greece
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Yes. Under Article 236A par.2 of the Greek Code of Criminal Procedures, as replaced by Law 4236/2014 and practice, as an exception to the general rules, an oral translation or oral summary of essential documents may be provided instead of a written.
In practice, oral translations are held by interpreters and only if the is a relative request regarding a specific document, at the stages he/she is present, i.e. before the investigator or before court.
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Hungary
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During investigation procedure all hearings and in the court procedure all trials are conducted by the application of an interpreter.
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Ireland
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This is by far the most prevalent practice and has the shortcomings previously identified. Not alone are defence lawyers reliant on the verbal translation, they do not have the facility typically of having their own correspondence and advices to their client translated in written form
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Italy
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During the trial for oral evidence
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Latvia
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Oral translations are provided to all documents that aren’t decision depriving a person of his liberty, charges or indictments, or judgments. Oral summaries of essential documents are not provided.
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Lithuania
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The suspect is being provided with the oral translation of all case material when the pre-trial investigation is finished and the prosecutor is preparing the case to be sent to the court of first instance. The accused is being provided with the oral translations of the case material that was received additionally during the court hearings.
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Luxembourg
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There are oral translations, for example, during interrogations at the investigating judge’s office.
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Malta
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Possible, such as when a document is presented during a witness testimony.
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Poland
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Generally oral translations or oral summaries of essential documents are possible within the criminal proceedings in Poland (there is no provision which would be an impediment for it), obviously – with respect to the right to a fair trial and the right to defence. Due to the Article 72 § 3 CCP, if the translated decision terminating the proceedings isn’t challengeable, a proper authority – on approval of a suspect or an accused – is entitled to conclude with oral pronouncement of the decision. Also – in the light of the Article 204 § 2 CCP – there is no obstacle that an interpreter or a translator summoned by a proper authority will prepare an oral translation or an oral summary of a certain essential document for a suspect or an accused in order to create for them a possibility to acquaint with the evidence in criminal proceedings. In Poland such practice exists.
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Portugal
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No, only when the defence request.
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Romania
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Slovakia
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Sec 28 para 5 CCP instead of written translation it is permitted to interpret the document or its essential content without prejudice to the fairness of the proceeding. It is recorded in the Minutes of the proceeding whether complete document or its parts were translated.
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Slovenia
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Not provided by the law.
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Spain
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When a translator is not available in time, the judge may order the substitution of the translation by an oral reading
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Sweden
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There is no consistent practice in this regard. When the suspect is deprived of liberty, oral translation of the material of the investigation, i.e. the record of the preliminary investigation, is sometimes provided for by the investigative authority, sometimes by the lawyer. In other situations, oral translations and/or oral summaries of essential documents are normally provided to the suspect by the lawyer with the assistance of an interpreter.
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The Netherlands
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In the situation as mentioned in article 61 paragraph 8 NCCP an oral translation of that which has been put down in writing is sufficient. Also when the suspect has attended the orally given judgement, during which the decision was translated for him, the right to request a written translation has lapsed (article 365 paragraph 6 sub c). See the remarks under a.
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UK
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England and Wales
The circumstances in which an oral translation of essential documents provided to a suspect detained at a police station and at the Crown Court is dealt with above.
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Scotland
Yes. An oral translation of the terms of a warrant will be provided through use of an interpreter arranged by the police following apprehension to assist the accused person in police custody. Where an accused is released from police custody on an undertaking to appear at court, Police Scotland arrange for a translated version of the Undertaking Form, or relevant part thereof, to be provided to the accused prior to their appearance at Court.
If an accused is to be released from court on bail, the court interpreter will provide an oral translation of the bail conditions to the accused. A written translation of the bail conditions will be provided to the accused as soon as is practicable.
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Northern Ireland
Oral translation is normal procedure. All hearings in presence of defendant and interpreter unless court has been asked for and granted permission for defendant not to attend (by defence)
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