The deportation order is null and void if there is no translation into the language of the defendant and the lack of appropriate persons to translate is not expressly declared

Judge ruling: Cassazione Civile, Sezione Sesta, sentenza del 13 luglio 2012, n. 12065

The justice of the peace is in error in rejecting the application of a party, where he did not take a position on the failure to translate the decree to the defendant, in the defendant’s language or language he understands. It is the established principle that the translation into a language understood by the defendant is an essential formal requirement, under penalty of nullity, of the communication of the expulsion order, which may be derogated only in case of the impossibility of such a translation,  due to unavailability – expressly declared in the act – of suitable translation, and provided that provision is made, in this case,  for the translation into one of the so-called target languages, namely English, French or Spanish.


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