As the current Italian legislation stands, it appears that there is a lack in the criminal division in the Committee in charge of training and review at the register of experts an explicit power to verify the level of updating of the members of these registers.
DECR. N. 23/2024
COURT OF Trapani
THE PRESIDENT.
Reads the petition of attorney Nicola Canestrini who, recalling the requirements dictated by European Union Directive 64/2010 on the adequacy of interpretation service, requests a review of the competence of interpreters on the register of this Office;
OBSERVES
The regulations introduced by I.D. No. 32/2014, in implementation of European Directive 64/2010, ensured in criminal proceedings the suspect/defendant's right to interpretation and translation through the provision of a comprehensive amendment of the original text of Article 143 of the Code of Criminal Procedure.
No changes, on the other hand, were made with regard to the powers of the Committee presiding over the formation and revision of the roll of experts, which, with specific reference to the latter task, is in charge of the cancellation of members only due to the lack of the so-called moral requirements, or due to impediment ( argument ex art. 68 paragraph 4 and 69 paragraph 3 d.a.c.p.).
Such a regime, indeed, diverges from that dictated in civil matters, in which the separate Committee in charge in that area provides for the removal from the roll of consultants even when the requirement of special technical competence has ceased to exist ( argument under the combined provisions of Articles 15 and 18 d.a.c.c.p. ): what has allowed, this Presidency to initiate a specific revision of the registers provided for in the implementing provisions of the Code of Civil Procedure within the framework of a collaboration of the Formez, with the adherence of the professional orders within the framework of the “project of qualification of the data constituting the list of ctu ” presented on November 24, 2021.
So that in the state of current legislation, it seems that there is a lack of explicit power in the criminal sector at the head of the Committee in charge to verify the level of updating of the members of the registers referred to in Article 67 d.a.c.c.p.
Moreover, with specific reference to interpreters, who lack a representative body at the national level, this Court, in compliance with the requirements set forth in a ministerial circular of 1987 p.4/1678/20, which is still in force, provides for the enrollment in the register of those persons already registered as experts in this field with the local Chamber of Commerce.
The latter office subjects interpreter applicants to evaluation by means of oral interviews in the presence of experts, in addition to examining their applications accompanied by adequate documentation, and is exclusively in charge of updating the list of those registered ( see Articles 6 and 15 lett.a of the Regulations of the Chamber of Commerce of Trapani approved by resolution of the Council of December 17, 2012).
Precisely in relation to the updates of the lists in question, there is also an initiative underway aimed at the stipulation of a protocol with the local Chamber of Commerce that expressly provides for the timing and modalities of the procedures for the general revision of the registers by the aforementioned body.
In the light of these emergencies, no elements emerge for the adoption of further determinations.
PQM
Disposes of no need to adjudicate.
Notice is hereby given.
Trapani January 26, 2023
1/2023
President AG