Definition and legal status of interpreters
Ein Interpreter is a person who orally transfers spoken or signed language between two or more parties using different languages. In addition to linguistic competence, interpreters are indispensable, especially in legal contexts, to ensure effective communication. German law as well as various international regulations set out precise requirements, duties, and rights for interpreters, especially in court and administrative proceedings.
Legal foundations
Interpreting in court proceedings
Interpreters hold a significant position in court proceedings, as the right to a fair trial requires complete linguistic understanding. This right is governed, among others, by the following laws and regulations:
Code of Criminal Procedure (StPO)
According to § 185 StPO, an interpreter must be appointed if a person involved does not sufficiently understand German or cannot express themselves adequately. This applies to defendants, witnesses, parties, or other participants in the proceedings.
Code of Civil Procedure (ZPO)
Section 189 ZPO stipulates that the court must involve an interpreter during hearings and taking of evidence if any party to the proceedings does not have sufficient command of the German language.
Administrative proceedings
In administrative proceedings as well, § 17 VwVfG (Administrative Procedure Act) requires that effective communication be ensured. The authority may involve interpreters to achieve this.
Human rights and EU law
The right to communication is guaranteed by Article 6(3)(e) of the European Convention on Human Rights (ECHR) as well as Directive 2010/64/EU of the European Parliament on the right to interpretation and translation in criminal proceedings for suspects and accused persons.
Swearing-in and official appointment
To be allowed to act in public proceedings, interpreters are generally required to be officially appointed and generally sworn in. Exact regulations are set by state laws, especially through the Act on the General Swearing-In of Court Interpreters (Court Interpreters Act – GDolmG) as well as the relevant implementation acts in the federal states.
Prerequisites and procedure for swearing-in
Prerequisite for the swearing-in is usually the demonstrated special language competence as well as reliability and personal suitability. Once these are positively assessed, the sworn oath is taken to the conscientious, truthful, and impartial performance of the task.
Duration of swearing-in
The swearing-in is generally valid for five years but can be renewed as needed. Without swearing-in, interpreters can only exceptionally be appointed, for example in cases of urgent necessity.
Rights and duties of interpreters
Duty of confidentiality
Interpreters are subject to a comprehensive duty of confidentiality regarding all facts that become known to them in the course of their work (§ 189 paragraph 4 ZPO, § 53 paragraph 1 no. 4 StPO). Breaching this confidentiality may result in criminal consequences.
Impartiality and neutrality
Interpreters are strictly obliged to maintain neutrality. They must not allow themselves to be influenced by personal interests or relationships with participants in the proceedings and must avoid any form of bias.
Right to refuse to give evidence
In court proceedings, interpreters are entitled, pursuant to § 53 StPO and § 383 ZPO, to refuse to testify insofar as their knowledge relates to the content of their activities and is subject to confidentiality.
Liability
In cases of intentional or negligent incorrect interpretation, interpreters can be held liable. In particularly serious cases, criminal liability may also arise, such as for giving false testimony.
Remuneration of interpreters
Remuneration for court or administrative work is governed by the Law on Judicial Remuneration and Compensation (JVEG). The rates are set by law and depend on the type and complexity of the assignment as well as the time involved. Costs are generally borne by the relevant authority or court, but may be charged to parties as part of cost reimbursement.
Obligation to call in an interpreter
Statutory obligation
Courts and authorities are legally required to call in an interpreter in cases of communication difficulties, for example in criminal, family, asylum, or administrative proceedings. Breaches of this obligation can result in the annulment of decisions or reopening of proceedings.
Application by participants
Any party has the right to request the appointment of an interpreter in cases of communication difficulties. Refusal is only permitted in exceptional cases, such as obvious abuse.
Interpreters in international and European law
Interpreter services are indispensable in international legal assistance, extradition, and asylum proceedings. The European Union and international organizations such as the United Nations prescribe corresponding minimum standards and thus ensure that the right to communication is recognized worldwide.
Summary
The term Interpreter not only refers to a linguistic mediation service, but also encompasses a wide range of legal regulations and obligations. The quality and legal conformity of the interpreting service are essential components of a fair and lawful procedure. Statutory provisions at national, European, and international levels ensure that interpreters fulfill their tasks under clearly defined rights and duties as well as under strict public oversight.
Note: The statements in this article do not constitute individual legal advice but are intended solely to provide general information on the legal foundations of the term “interpreter.”
Frequently asked questions
When is there a legal entitlement to an interpreter?
A legal entitlement to an interpreter exists especially when a person does not have sufficient command of the language of the proceedings and, as a result, risks not being able to exercise their rights in the process. This is expressly regulated in many procedural codes—such as the Code of Civil Procedure (§ 185 GVG), the Code of Criminal Procedure (§§ 185 ff. GVG, § 187 GVG), the Administrative Procedure Act (VwVfG), and at the European level by Directive 2010/64/EU. The goal is to protect a fair, lawful process. The entitlement covers all essential stages of the proceedings such as court hearings, oral hearings, investigations, and, in certain cases, the translation of important documents. The person concerned must be informed that an interpreter is available to them. Costs are generally borne by the judiciary, regardless of the outcome of the proceedings.
What requirements must a court interpreter fulfill?
Court interpreters must meet certain personal and professional requirements. They must hold proven qualifications in interpreting and be completely trustworthy. In Germany, for example, public appointment and swearing-in according to the Court Interpreters Act (JDG) or the respective state laws are usually required to work as a court interpreter. This carries with it obligations of neutrality and confidentiality. The order of appointment—certified interpreters having priority, others with suitable language skills subsidiarily—is also regulated. Court interpreters must relay all statements in full, objectively, and as literally as possible, without adding their own interpretation or omissions.
How is an interpreter selected and appointed by the court?
The competent court reviews, as part of the proceedings, the language skills of the parties involved. If a communication deficiency is found, it appoints a suitable interpreter. Preference is given to publicly appointed, generally sworn interpreters, whose details are listed in specific directories. If no such interpreter is available, other people with proven skills may also be engaged. The appointment is made through a formal decree, and the swearing-in is repeated at the hearing unless a general oath has been previously given. Rejection of an interpreter due to suspected bias is also regulated and may be requested by the parties.
How is interpreter liability regulated in court proceedings?
An interpreter is fundamentally liable for false or omitted translations if these are due to intent or gross negligence (§ 839 BGB, in conjunction with § 185 GVG). If there is a demonstrably incorrect interpreting service, this can not only influence the court’s decision but, in extreme cases, constitute grounds for appeal. In their professional activity, interpreters act as so-called judicial auxiliaries and are fundamentally responsible, like witnesses and experts, both criminally and civilly, especially for breaches of confidentiality (§ 203 StGB). A defective performance may establish a government liability claim against the state, which may then, through recourse, assert a claim against the interpreter.
What rights do participants have regarding the appointed interpreter?
Parties to proceedings have the right to request the rejection of an interpreter, for example due to concerns of bias, personal closeness to a party, or lack of professional qualification. They can also object if an interpreter does not have adequate command of their language or dialect. However, there is no legal entitlement to a specific interpreter or one of a particular origin as long as the appointed interpreter has the necessary qualifications and is neutral. Parties also have the right to request an accurate and complete rendering of their statements and to contest protocol errors.
Are the costs for court-appointed interpreters covered by the state?
According to statutory provisions, interpreter costs in courts and authorities are generally borne by the state treasury when the appointment is required for conduct of proceedings or official actions (e.g. § 187 GVG). This applies regardless of whether the party is exempt from costs. Reimbursement can only be required from the party in the case of malicious or culpable causation of the interpreter’s appointment or in the cost assessment process after the proceedings. In civil proceedings, these costs may be passed on to the losing party as part of cost reimbursement.
What are the differences between interpreters in criminal and civil proceedings?
The legal framework differs in detail between criminal and civil proceedings. In criminal proceedings, there is a special requirement for fairness and rights of the accused, which is reinforced, among other things, by Directive 2010/64/EU. Here, there is a comprehensive duty to inform accused persons and to provide an interpreter free of charge, starting at the investigation stage. In civil proceedings, the appointment of an interpreter is often linked to a request or discernible language issues; here, the party may—depending on cost decisions—have to share the interpreter’s costs. Comparable principles apply in administrative proceedings as in civil proceedings, in some cases with extended obligations for official investigation.
