When the law provides for language assistance

Article 72 of the Polish Code of Criminal Procedure gives an accused person who does not have a sufficient command of Polish the right to free assistance from a translator or interpreter. Provisions using “accused” in its general sense also apply to a suspect. An interpreter is summoned for activities involving that person; the Code also provides, at the request of the accused or defence lawyer, for assistance with communication between them in connection with a specified procedural activity.

Article 204 covers, among other things, questioning a person who does not speak Polish, translating documents and enabling a party to understand the content of evidence. This does not automatically mean that the entire case file is translated in every case. The necessary scope depends on the law, procedural circumstances and arrangements made by the authority conducting the proceedings.

What to provide before questioning or a hearing

When organising an appointment, useful information includes the authority’s name, date, location, expected duration, participant’s language and a contact person. If documents will be used, specify their type and volume in advance. Case details and material should be sent through an agreed channel.

Nationality does not determine the language in which a person readily understands questions and formulates answers. Establish the actual language need. For recordings, correspondence or messaging-app printouts, also clarify whether the task involves written translation, playing a recording during a procedural activity, or another specific scope.

The translator’s role and the assignment’s limits

A translator or interpreter conveys statements and documents impartially. Translation does not replace advice from a defence lawyer, the evaluation of evidence or procedural decisions. Rules on expert witnesses apply to translators as appropriate, including circumstances affecting impartiality; this does not mean that the translator is performing an IT forensic examination.

Vadym Rekel is authorised as a sworn translator of Ukrainian. A need for Russian or English translation should be specified separately. The availability of a public website version in a language does not imply sworn translator authorisation for that language.

To establish availability, specify the time and scope of the activity. If you are a participant in proceedings, raise the need for an interpreter with the authority handling the case or your defence lawyer. A privately commissioned document translation and an interpreter summoned by an authority have separate organisational and payment arrangements.