Key Benefits:
Purpose: Implementation of the right to interpretation and translation in criminal proceedings.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree supplements the implementation of Directive 2010/64/EU of the European Parliament and the Council, adopted on 8 October 2010, on the right to interpretation and translation in the context of criminal proceedings, carried out by the Act No. 2013-711 of 5 August 2013 bringing various provisions of adaptation in the field of justice in accordance with European Union law and the international commitments of France. This Act amended thepreliminary article of the Code of Criminal Procedure which provides that if the person suspected or prosecuted does not understand the French language, the person shall be entitled, in a language that he or she understands and until the end of the proceedings, to the assistance of an interpreter, including for interviews with his or her lawyer who has a direct connection with any interrogation or hearing, and, unless expressly and informed of his or her part, to the translation of the documents essential to the exercise of his or her defence and to the guarantee of the fairness of Code of Criminal Procedure. The Act also amended section 803-5, which provides that the authority that conducts the hearing of a suspect or prosecuted person, or before whom the person appears, verifies that he speaks and understands French. An oral translation or an oral summary of the essential parts of the procedure may be performed exceptionally.
This Order specifies, among other things, what are the interviews with the lawyer mentioned in the preliminary article, the essential documents of the procedure, the procedure for selecting the interpreter or the translator. It further provides that the provisions relating to the right to an interpreter during hearings and during interviews with a lawyer apply to persons with speech or hearing disorders.
References: the provisions of Code of Criminal Procedure Amended by this decree may be consulted, in their version resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering Directive 2010/64/EU of the European Parliament and the Council on the right to interpretation and translation in criminal proceedings;
Vu le Code of Criminal Procedureincluding its preliminary articles, 62, 63-1, 102, 114, 121, 272, 279, 344, 345, 393, 407, 408, 443, 535, 695-27, 695-28, 695-30, 706-71, 803-5, R. 155 and D. 48-23;
Considering the code of entry and residence of aliens and the right to asylum, including its article R. 111-1;
Vu la Act No. 71-498 of 29 June 1971 on judicial experts;
Vu la Act No. 2013-711 of 5 August 2013 bringing various provisions of adaptation in the field of justice in accordance with the law of the European Union and the international commitments of France;
Vu le Decree No. 2004-1463 of 23 December 2004 concerning judicial experts;
Vu le Decree No. 2005-214 of 3 March 2005 taken for application ofarticle 35 sexies of Order No. 45-2658 of 2 November 1945 and on translators,
Decrete:
Before theArticle D. 590 of the Code of Criminal Procedure (Part II: Decrees), a division is inserted as follows:
“Chapter I
“Transmissions of requests or notifications
by means of electronic telecommunications »
After article D. 593 of the same code, a chapter is inserted as follows:
“Chapter II
"Terms and conditions for the exercise of the right to the assistance of an interpreter and the translation of certain documents of the procedure
"Art. D. 594.-The procedures for the exercise of the right of persons suspected or prosecuted to the assistance of an interpreter and to the translation of essential parts for the exercise of the defence provided for in the preliminary article and by section 803-5 are, without prejudice to the application of the legislative provisions of this Code, and in particular its Articles 62,63-1,102,114,121,272,279,343,407,5
“Section 1
"Terms of application of the provisions
concerning the right to an interpreter
“Paragraph 1
"Right to the interpreter at hearings
"Art. D. 594-1.-For the purposes of section 803-5, if the person suspected or prosecuted did not request assistance from an interpreter, but there is a doubt as to the person's ability to speak or understand the French language, the authority that proceeds to the hearing or before which the person appears shall ensure by all appropriate means that he speaks and understands that language. If it appears that the person does not speak or understand the French language, the assistance of the interpreter must intervene without delay.
"Art.D. 594-2.-If a suspect or prosecuted person who is the subject of a hearing contests the absence of an interpreter or the quality of the interpretation, the person may make representations that are either referred to in the transcript of the hearing, examination or in the transcripts of the hearing if they are made immediately, or made to the record of the proceedings if they are made at a later date.
“Paragraph 2
"Right to interpreter during interviews
of the person with his lawyer
"Art. D. 594-3.-For the purposes of the preliminary article, interviews with a lawyer directly related to any questioning or hearing, and for which the person may request assistance by an interpreter, are interviews, in the premises of the investigative services, courts and correctional institutions, in conditions that guarantee the confidentiality of the interview:
« 1° During custody or any custodial measure whose regime is, in whole or in part, defined by reference to the provisions of this Code on custody;
« 2° Prerequisitely to hearing by a magistrate or to appear before a court;
« 3° Prior to the possible filing of an appeal against a court decision;
« 4° Prior to the possible filing of a release application.
“Paragraph 3
“Common provisions
"Art. D. 594-4.- Assistance by an interpreter may, if any, be made by a means of telecommunications in accordance with the provisions of the penultimate paragraph of Article 706-71.
"Art. D. 594-5.-The right of persons suspected or prosecuted to receive assistance from an interpreter pursuant to the provisions of this Code also applies to persons with speech or hearing impairments.
"If their condition justifies it, these persons are assisted during the hearing, as well as in the case provided for in article D. 594-3, for their interviews with their lawyer, by a sign language interpreter or by any qualified person who has a language, method or technical device to communicate with them.
“Section 2
"Terms of application of the provisions concerning
translation of essential parts to the exercise of the defence
"Art. O.C. 594-6.-Without prejudice to the possibility for the prosecutor of the Republic or for the court of investigation or judgment seized to order, ex officio or at the request of the person, the translation of a document considered essential to the exercise of the defence and to the guarantee of the fairness of the trial shall be translated in accordance with the preliminary article and article 803-5:
« 1° Decisions on pre-trial detention, extension or retention of detention, or rejection of an application for release and orders of imprisonment issued as part of the execution of a European arrest warrant;
« 2° Judgment decisions;
« 3° Decisions on public action and condemning, pronounced or approved by a court;
« 4° The minutes of first appearance or pleading, when the copy was requested under section 114.
"Art. D. 594-7.-The translation of essential documents may only cover the passages of these documents that are relevant to allow the person to be aware of the facts referred to him.
"The relevant passages of these documents are determined, depending on the stage of the proceedings, by the prosecutor of the Republic, by the examining magistrate or by the court of judgment.
"Art. D. 594-8.-The translation must take place within a reasonable period of time that allows the exercise of the rights of defence and takes into account the number and complexity of the documents to be translated, and the language in which they must be translated.
"Art.D. 594-9.-If, as an exception, the exhibit was the subject of an oral translation or an oral summary, in accordance with the provisions of the second paragraph of section 803-5, it is referred to in the minutes or notes of hearings. This statement may, if any, be included in the document itself, in particular in the notice of summons provided for in the last paragraph of article 390-1, or in the notice of adversarial debate pre-trial detention or an extension of pre-trial detention provided for in article 145.
"Art. D. 594-10.-The provisions of this section and those of the preliminary article and section 803-5 relating to translation are not applicable to notices of lump sum fines and notices of lump sum fines given or addressed to the offender pursuant to sections 529 et seq.
“Section 3
"Designation of the interpreter or translator
"Art. O.C. 594-11.-Where, pursuant to the provisions of this Code, an interpreter or a translator is required or designated by the competent judicial authority, the competent judicial authority shall:
« 1° On the national list of judicial experts drawn up by the Bureau of the Court of Cassation, or on the list of judicial experts drawn up by each court of appeal;
« 2° If not, on the list of translators provided for in Article R. 111-1 of the Code of Entry and Residence of Aliens and the Right of Asylum;
« 3° If necessary, a major person may be designated not on any of these lists, provided that the interpreter or translator is not selected from the investigators, magistrates or clerks responsible for the record, the parties or witnesses.
"The interpreters or translators who do not appear on any of the lists mentioned in 1° or 2° shall, whenever they are committed, take the oath to assist the justice in their honour and conscience. Their oath is then recorded by minutes.
"Interpreters and translators are required to respect the confidentiality of the interpretation and translations provided. »
This decree is applicable throughout the territory of the Republic.
The guard of the seals, Minister of Justice, and the Minister of the Interior are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 25 October 2013.
Jean-Marc Ayrault
By the Prime Minister:
The guard of the seals,
Minister of Justice,
Christiane Taubira
The Minister of the Interior,
Manuel Valls
