Court interpreter
A court interpreter is an interpreter who is used by a court to mediate language . The use of an interpreter is required if a party or other party to the proceedings does not speak the language of the court . The use of an interpreter ensures the right of foreigners with no language knowledge to be heard . In Germany, the interpreter is differentiated from the document translator .
Oath and choice
Germany: Every interpreter who is called in by a court must be sworn in . Only in voluntary jurisdiction can the parties involved in the proceedings dispense with the swearing-in of an interpreter. An interpreter is to be sworn that he will be faithfully and conscientiously transmitted. As the only party involved in the proceedings, he has to take a mandatory oath. The oath is to be taken before each main hearing . The same applies to the preliminary investigation . On the other hand, swearing by administrative authorities or the police is not provided.
So that the judge does not have to take an oath from the interpreter before each hearing, the federal states have introduced an administrative procedure by law in which interpreters are generally sworn for an indefinite number of procedures. In the case of such publicly appointed and sworn interpreters, it is sufficient to appeal to the oath in court or in preliminary proceedings. In addition, the public appointment as part of such an administrative procedure enables a preliminary check of the interpreter's suitability and qualifications. Sworn interpreters are listed in special registers kept by judicial authorities, which courts and authorities can refer to. An interpreter appointed in this way has a designation defined in accordance with state law (e.g. "publicly appointed and sworn interpreter").
As a rule, courts use independent interpreters or interpreting agencies. In exceptional cases, your own employees, such as a clerk from the office , can also be used. Who is hired as an interpreter is at the discretion of the judge . The use of an interpreter by an authority can, however, be regulated by administrative regulation in such a way that special attention is to be paid to publicly appointed and sworn linguists. The commissioning of interpreters by a court is subject to public procurement law .
If all those involved in the proceedings are able to speak a foreign language, negotiations can take place in the foreign language without an interpreter. An interpreter can only be dispensed with in voluntary jurisdiction, the proceedings of which are not public, if only the judge (here functionally the Rechtspfleger ) is able to speak the foreign language ( Section 185 (3 ) GVG ).
Austria: The Expert and Interpreting Act, Federal Law Gazette 137/1975 (SDG) stipulates in Section 13 that the term "interpreting" always refers to translators as well. Section 14 regulates the need for a judicial swearing-in, the requirements to be met and the form of the swearing-in. The SDG obliges the regional courts to keep court interpreter lists, which are summarized by the Federal Ministry for Constitution, Reform, Deregulation and Justice in a central, publicly accessible list. The use of interpreters in criminal proceedings is regulated by Section 126 of the Code of Criminal Procedure of 1975 in such a way that the public prosecutor or the court must appoint a person authorized by the Federal Ministry or the Judicial Care Agency , or, if this is not possible, appoint another suitable and unaffected person who must always be informed beforehand about their rights and obligations. The use of interpreters in non- disputed matters is regulated by Section 190 of the Extraordinary Disputes Act, as amended, so that court interpreters are to be called in as far as possible for translations in such proceedings.
task
Germany : Interpreter within the meaning of procedural law ( § 185 GVG ) is a linguist who translates all declarations made during the proceedings from the foreign language into the language of the court or vice versa (opposite: document translator ). The interpreter not only transmits the word spoken in the oral hearing, but also pleadings (e.g. foreign language statement of claim ) or other procedural statements. In criminal proceedings, however, it is sufficient if the defendant is only made aware of the applications of the public prosecutor and defense counsel from the closing presentations ( Section 259 of the Code of Criminal Procedure ); the other procedural declarations must all be interpreted. If verbal statements or statements are interpreted, minutes are usually only kept in German. Basically, transmission errors by the interpreter are at the expense of the person who is not familiar with the language. Only if the judge deems it necessary, taking into account the importance of the matter, declarations and statements in foreign languages are to be written down in the protocol or in an attachment.
Austria : The role of the court interpreter in court hearings is regulated in a similar way to that in Germany. It includes the oral translation of the content specified by law or litigation in both directions and, if necessary, the oral translation of documents in the negotiation. The written translation work is carried out either by sending a translation with a sealed and signed translation clause attached to the original to the court or the public prosecutor's office or by posting it with an electronic signature on the portal provided by the Federal Ministry for Constitution, Reforms, Deregulation and Justice.
costs
Germany: The remuneration of court interpreters is regulated in the Judicial Remuneration and Compensation Act. In criminal proceedings , the cost of an interpreter is usually borne by the state treasury, even if the defendant is convicted. Overburdening costs would contradict the prohibition against discriminating against someone because of their language (Article 3, Paragraph 2, Basic Law) and Article 6, Paragraph 3, lit. e of the European Convention on Human Rights . The costs are only imposed on the defendant if he has caused them through culpable default or in another culpable manner. The dispute is the overburdening of the interpreting costs for language transmissions outside of the main proceedings, e.g. B. for preparatory discussions between the accused and the defense attorney, for telecommunications or housing surveillance in the preliminary investigation or for letters from prisoners in a foreign language. In civil proceedings, the remuneration to be paid to the interpreter by the authorizing office or the trial court is added to the court costs as an outlay by the court . The unsuccessful party has to bear the court costs according to general regulations. If use is necessary, the party who is not familiar with the language may not request an advance payment because the interpreter is to be called in by court and not at the instigation of a party.
Austria: The costs of interpreting in court proceedings and in investigative proceedings of the public prosecutor's office are to be charged according to §§ 53 ff. Of the Fee Claims Act. In civil proceedings, the interpreting fees incurred will be shared among the parties after the judgment has become final, together with other costs based on the proportion of fault. In the criminal trial , in granting legal aid and did without the interpreter to receive payment of official funds, the labor and social law , in bankruptcy proceedings and in most non-litigious matters is charged on the basis of fixed rates of lost in all other cases on the basis of the interpretation by his activity You deserve it. Fixed sentences exist with regard to the time missed on arrival and departure, the effort required and per character of written translations. The fixed rate per character (without spaces) is (03/2019) 1.52 cents. There are no special fee regulations for the translation of private documents and texts.
Occupational group
Austria : Approx. 530 Austrian court interpreters with valid authorization to translate a total of 50 languages are organized in the Austrian Association of Court Interpreters (ÖVGD). In addition to representing interests in politics and administration and participating in international networking activities, the association offers members further training and support, and informs potential customers and those interested in the profession. The member database is publicly available.
Footnotes
- ↑ Judgment of the European Court of Justice of November 18, 2011, Az. RS C ‑ 226/09, concerns interpreting and translation services for several authorities responsible in the asylum area.
- ↑ https://www.gerichts-sv.at/download/SDG_2018_07_HP.pdf
- ↑ https://sdgliste.justiz.gv.at/
- ↑ https://www.jusline.at/gesetz/stpo/paragraf/126
- ↑ https://www.ris.bka.gv.at/GeltendeFnahm.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003047
- ↑ Löwe / Rosenberg § 185 GVG paragraph 1 §272 StPO paragraph 12.
- ↑ Löwe / Rosenberg §259 StPO paragraph 2
- ↑ https://portal.justiz.gv.at/at.gv.justiz.formulare/Justiz/index.html
- ↑ https://www.ris.bka.gv.at/GeltendeFnahm.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002337
- ↑ http://www.gerichtsdolmetscher.at/index.php/de/
- ↑ http://www.gerichtsdolmetscher.at/index.php/de/liste-der-gerichtsdolmetscher