On 30 November 2009, the Council adopted a resolution on a roadmap to strengthen the procedural rights of suspects and accused in criminal proceedings (4). The roadmap, which advocates a progressive approach, calls for measures relating to the right to translation and interpretation (Measure A), the right to information on rights and information relating to the indictment (Measure B), the right to legal advice and legal aid (Measure C) and the right to communicate with family, employer and consular authorities (Measure D) and special safeguards for suspects or vulnerable defendants (Measure E). This directive relates to Measure A of the roadmap. It establishes common minimum rules applicable in the field of interpretation and translation in criminal proceedings, in order to strengthen mutual trust between Member States. Compliance with the right of interpretation and translation provided for by this directive must not be at the expense of other procedural safeguards provided by national law. The interpretation and translation provided for by this directive is carried out in the accused`s native language or in any other language he speaks or understands, in order to enable him to fully exercise his right to defence and to ensure the fair conduct of the trial. 7. In derogation from the general provisions of paragraphs 1, 2, 3 and 6, an oral translation or summary of the essential documents of the procedure may be presented in lieu of a written translation, provided that this oral translation or synthesis does not compromise the smooth running of the procedure. 3. Member States ensure that interpreters and translators are required to respect the confidentiality of interpretation and translation services provided in accordance with this directive. Member States pay for interpretation and translation resulting from the application of Articles 2 and 3, regardless of the outcome of the procedure.
The rights provided by this directive are also considered to be necessary support measures for the implementation of a European Arrest Warrant (5) within the limits set out in this directive. The Implementing Member States provide interpretation and translation services for the benefit of the person being sought, who does not speak or understand the language of procedure and bears costs. Member States ensure that, when a suspect or person prosecuted has been questioned or questioned by investigations or judicial authorities with the assistance of an interpreter in accordance with Article 2, that an oral translation or summary of essential procedural documents has been submitted in the presence of them, in accordance with Article 3, paragraph 7, or where a person has waived the right of translation under Article 3. , paragraph 8, registration is carried out according to the registration procedure provided for by the legislation of the Member State concerned. (8) The right to translate documents under this section can only be waived if the accused or accused has received prior legal advice or has been fully informed of the consequences of that waiver and if the waiver is clear and voluntary.