An interpreter in proceedings in absentia: the circumstances assessed by the Court

At a glance · Bureau introduction

Article 29 of the CPC: information about language proficiency, equality of arms and translated procedural documents in proceedings in absentia.

Below is an unofficial English translation of the conclusions in the Criminal Cassation Court’s official 2025 review. CPC means the Criminal Procedure Code of Ukraine.

Language of criminal proceedings

An investigator, prosecutor or court is not under a duty to engage an interpreter where no information has been conveyed, in any form, that the person does not speak or has an insufficient command of the language of the proceedings. Compliance with Article 29 of the CPC concerning interpretation must be assessed in each individual case, taking account of whether the situation resulted in inequality before the law and the court, including a breach of equality of arms, and in unfairness of the proceedings as a whole. Given the specific nature of criminal proceedings in absentia, and in the absence of any information originating from the accused as the holder of the right to an interpreter, sending the notice of suspicion without a Russian translation does not violate Article 29 of the CPC if the pre-trial investigation authority engaged an interpreter to translate the indictment, a Russian translation of that procedural document was sent to the website of the State Duma of the Federal Assembly of the Russian Federation, and that copy is contained in the case file.

Official review, pp. 50 (Ukrainian)

Sources

Unofficial English translation of the conclusions published in the Supreme Court’s official review. The title and brief introduction were prepared by the Bureau. The review contains the principal conclusions; consult the full Ukrainian judgment for the facts and complete reasoning.

An interpreter in proceedings in absentia: the circumstances assessed by the Court

At a glance · Bureau introduction

Sources

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