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The judicial dialogue, as an expression of judicial controversy, is organized in the national language. In order to observe the principle of audi alteram partem, when a litigant speaking another language is present, it is required that the dialogue should be reconstituted with the assistance of a translator-interpreter. The latter informs the litigant who speaks another language of “all acts that may affect him to a certain extent”, in order to make the counsel understand the proceedings and to protect the rights of the person he defends. The translator-interpreter is thus the protector of the rights of the person for whom he translates, allowing the accused to participate in the debate. The presence of this occasional collaborator is a guarantee of good justice. Standing among the actors of a trial, the interpreter is the faithful transmitter of each person’s words by the search of equivalences between two utterances. The translation must render as accurately as possible the intentions of the author of the translated utterance, thus becoming an “accurate re-creation”, a “creation of meaning”. Frequently based on “syntactical archaisms” and “stereotyped formulas”, these turns do not have an equivalent in other languages.

THE RIGHT TO A FAIR TRIAL: THE ROLE OF THE TRANSLATORINTERPRETER IN THE CRIMINAL TRIAL