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IMPORTANCE OF INTERPRETER IN A TRIAL PROCESS INVOLVING ALLOGLOT MIGRANTS: COMPARATIVE STUDY

Diana Cerneavschi

FIAT IUSTITIA, 2023, vol. 18, issue 2, 33-51

Abstract: The study aims to analyze from a comparative perspective the impact of the interpreter in the court process with the participation of migrant alloglots, based on the Anglo-Saxon, continental and Moldovan judicial model. The global changes caused by mass migration lead to a change in the structure of justice procedures, giving court interpreters a key status in the conduct of the legal proceedings. This emerges the need to analyze the relationship between interpreters and defendants on the one hand, and interpreters, lawyers and judges on the other. Therefore the issue of trust and reliability comes to the fore by establishing the intervention of court interpreters and the implications of their interventions for the defendant. However, as practice shows, their intervention is often propelled or hindered by tools, procedural or logistical of the legal system within the state. In the US, more than 85% of people appearing before courts dealing with migration issues have limited English comprehension or writing skills. Too often, their ability to communicate is hampered by interpreters who fail to interpret crucial parts of court proceedings, lack basic interpreting skills, speak the wrong language or lack the necessary interpreting equipment. The result is that people lose their freedom, families, livelihoods and homes because of simple misunderstandings. Translation plays a crucial role in today's globalized and interconnected world. This raises a number of fundamental questions: is it a matter that anyone can translate and, if so, to whom and how; is translation a formal profession and, if not, should it become one; if it is a formal profession or if it becomes one, should it be regulated and, if so, why and how. We therefore conclude that qualified translators must ensure the social interest, i.e. provide beneficiaries with protection against mistranslations.

Keywords: interpreters; translation; professional status and migrants. (search for similar items in EconPapers)
JEL-codes: K37 (search for similar items in EconPapers)
Date: 2023
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