In Panama, the Judicial Code establishes clear requirements to ensure that individuals who do not speak Spanish or have hearing or speech disabilities can fully participate in judicial proceedings. Below is a breakdown of key articles from Panama’s Judicial Code that address the necessity and duties of translators and interpreters in various legal contexts:
1. Interpreters for Non-Spanish Speakers
Article 492:
Whenever a judicial action involves someone who does not speak Spanish, the judge must appoint an official interpreter or one selected ad hoc. This interpreter is required to sign the official record of the proceedings.
Article 877:
Documents originating from foreign countries must be authenticated and, if not in Spanish, translated by a certified public interpreter. If no such interpreter is available, an ad hoc translator appointed by the court must provide the translation.
Article 878:
If a document in a foreign language appears in the case file, the judge will order its translation. The cost is borne by the party presenting the evidence. Translations can be contested if a substantial error is identified.
2. Witnesses and Defendants
Article 951:
When a person who does not understand Spanish or has a hearing or speech disability is called to testify, the judge must appoint an interpreter, who is sworn in to perform their duties faithfully.
Article 2012:
An accused person who does not understand Spanish must provide their testimony through an interpreter, who must also be sworn in before taking on their duties.
Article 2253:
Witnesses who do not speak Spanish will testify through a qualified interpreter. For individuals with disabilities, such as deaf or mute witnesses, testimonies must be received using scientifically appropriate methods.
3. Interpreter Fees and Obligations in Panama
Article 1060:
Judges are empowered to moderate the fees of interpreters based on the complexity of the case. Additional compensation may be granted if the assignment requires specialized knowledge or poses significant challenges.
Article 2244:
Interpreters, like witnesses, are legally obligated to attend court proceedings when summoned. Failure to comply without justification can result in fines ranging from US$25.00 to US$100.00.
4. Other Provisions
Article 2011:
For deaf or mute defendants, written questions and answers are used if the individual is literate. If not, an interpreter familiar with the defendant’s communication methods is appointed.
Article 2090:
When an accused person cannot communicate in Spanish or has disabilities, the judicial process must accommodate them, including the appointment of a qualified interpreter.
Article 2264:
Court records must include the names and credentials of interpreters involved in the proceedings, as well as any sworn declarations they provide.
Importance of Translation in Legal Proceedings
These provisions emphasize Panama’s commitment to fair legal representation and access to justice for all individuals, regardless of language barriers or disabilities. Interpreters play a critical role in ensuring that testimonies, evidence, and proceedings are accurately communicated, preserving the integrity of the judicial process.
This framework not only facilitates inclusion but also upholds the principles of due process and equal treatment under the law.
If you need to hire a certified Panamanian interpreter for a legal process in Panama, please call us at +507 6290-3468 or send us a message at info@certifiedtranslatorpanama.com.