Sleutjes (Judicial cooperation in criminal matters - Right to interpretation and translation : Judgment) [2017] EUECJ C-278/16 (12 October 2017)

Sleutjes (Judicial cooperation in criminal matters - Right to interpretation and translation : Judgment) [2017] EUECJ C-278/16 (12 October 2017)

Penalty orders delivered by a judge in a simplified unilateral procedure constitute 'essential documents' under Article 3(1) of Directive 2010/64/EU, requiring written translation for accused persons who do not understand the language, to safeguard their rights of defence and the fairness of proceedings.

Citation
[2017] EUECJ C-278/16
Parties
Accused: Frank Sleutjes; Prosecutor: Staatsanwaltschaft Aachen (Public Prosecutor’s Office, Aachen, Germany)
Jurisdiction
European Union
Judgment Date
12 October 2017
Procedural Posture
Criminal Proceedings / Preliminary Reference to Court of Justice of the European Union
Outcome
Interpretation of Article 3 of Directive 2010/64/EU provided; penalty orders must be translated for accused persons who do not understand the language.
Legal Topics
Right to Interpretation and Translation, Fair Trial, Penalty Orders, Essential Documents
Criminal Law EU Law Right to Interpretation and Translation Fair Trial Penalty Orders Essential Documents

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Parties

Frank Sleutjes

Accused

Staatsanwaltschaft Aachen (Public Prosecutor’s Office, Aachen, Germany)

Prosecutor

Procedural Posture

Criminal Proceedings / Preliminary Reference to Court of Justice of the European Union

Legal Issues

  1. 1 Whether Article 3 of Directive 2010/64/EU requires translation of penalty orders for accused persons who do not understand the language of proceedings
  2. 2 Whether penalty orders constitute 'judgments' or 'essential documents' under Article 3(1) of Directive 2010/64/EU

Ratio Decidendi

Penalty orders delivered by a judge in a simplified unilateral procedure constitute 'essential documents' under Article 3(1) of Directive 2010/64/EU, requiring written translation for accused persons who do not understand the language, to safeguard their rights of defence and the fairness of proceedings.

Court Disposition

Interpretation of Article 3 of Directive 2010/64/EU provided; penalty orders must be translated for accused persons who do not understand the language.

Orders

  • Article 3 of Directive 2010/64/EU must be interpreted as requiring translation of penalty orders for accused persons who do not understand the language of proceedings.