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Case law

Court of Appeal of Tarragona, 6927.001

March 2017 - Spain

interpretation and translation, legal aid
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The accused person had been surrendered to Spain from Ireland. In Ireland the accused had been questioned without a lawyer present. After surrender, the lawyer in Spain sought to challenge the validity of the incriminating testimony given in Ireland and prevent that evidence from being taken into account in court proceedings in Spain. Thus, the lawyer presented two sentences of the Irish Supreme Court that established that in Ireland the right to be questioned with a lawyer present is a constitutional right and by refusing the presence of a lawyer the Irish police had violated its own constitutional law and the evidence should be excluded. The Spanish Court refused to accept the documents unless translated. The Spanish lawyer then argued that in light of the Directive on Interpretation and translation, in conjunction with Spanish law on legal aid, the cost of the translation should be covered by the court institutions. The Court upheld this argument and granted the accused the right to get the said documents translated, the cost of which is to be covered by the Spanish authorities.

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