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Fernando A. Gascón Nasarre Vicepresident APTIJ Abogado (Spanish lawyer) Sworn translator for German (Intérprete Jurado de Alemán)

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Presentation on theme: "Fernando A. Gascón Nasarre Vicepresident APTIJ Abogado (Spanish lawyer) Sworn translator for German (Intérprete Jurado de Alemán)"— Presentation transcript:

1 Fernando A. Gascón Nasarre Vicepresident APTIJ Abogado (Spanish lawyer) Sworn translator for German (Intérprete Jurado de Alemán)

2 Legal interpreters and translators from a lawyers’s point of view: Deontology

3 1. The law

4 Robinson Crusoe

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8 social component subjective dinamic related to moral and ethics Norms could be complicated

9 Norms Rules of conduct Prediction Security

10 Law books are not almighty SOCIAL BEHAVIOUR

11 Sworn translation

12 Court interpreter

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14 Ethics Moral

15 Reasonable Good faith Proportional

16 2. Deontology and codes of ethics

17 Group of professionals

18 1 Working for other people 2 Social function 3 Social expectation

19 Group of professionals 1 Irreproachable conduct 2 Good praxis

20 Law books are not almighty SOCIAL BEHAVIOUR

21 Code of professional ethics Code of conduct: Maximalist (how things should be) Voice of previous experience PREVIOUS TO LEGAL REGULATION

22 PREVIOUS TO LEGAL REGULATION Directive 2010/64/EU

23 Need of professional ethics?

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25 Situation in Spain

26 No need of title. No examination. No verification of competence. No code of ethics.

27 The Police have arrested two people that were doing sworn translations in courts and police stations in Catalonia and that were linked to the leaders of the dismantled organisation. 16 Julio 09 - Madrid - Efe

28 TERUEL Hearing suspended because the only Chinese interpreter was the defendant. While in the dock, the accused offered himself to translate from Spanish into Chinese and viceversa. However, the judge rejected his kind offer. 03/03/2010 a las 06:00

29 03.09.09 - MÁLAGA It sounded like Chinese to the interpreter. Hearing against an Eastern woman suspended because the interpreter could not speak Spanish.

30 Following the privatization of the service and the low fees, several police interpreters have been arrested under charges of fraud, Kidnapping and drug dealing. When the Drugs and Organised Crime Unit of the Police was trying to identify one of the men in custody, they discovered that actually the drug dealer was one of their translators.

31 Interpreters with criminal record Amateurs with no training Interpreters with wrong languages Any kind of error

32 Mox

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35 3. Need of professional ethics? Principles.

36 No rules

37 Social function

38 Interpreters Lawyers

39 Interpreters Working with other professionals following a CoE Guideline for beginners Avoids conflicts of interest

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41 Lawyers Did not know the language Depends on that guideline Only tool to know about competence and expected conduct How can I protest about a bad interpretation?

42 ONLY TOOL?

43 Accuracy / Professional secret

44 Judge Police Interpreter (Wolof) Solicitor

45 Independence / ImpartialityCompetence Linguistic (accuracy - completeness) Cultural Legal Training IntegrityProfessional secret / ConfidentialityProbityDiligence

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49 www.aptij.es


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