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LIT Search Final Conference Antwerp, 9th and 10th November 2015 Interpreting needs from a judge’s perspective Marc Wenske High Court of Hamburg.

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Presentation on theme: "LIT Search Final Conference Antwerp, 9th and 10th November 2015 Interpreting needs from a judge’s perspective Marc Wenske High Court of Hamburg."— Presentation transcript:

1 LIT Search Final Conference Antwerp, 9th and 10th November Interpreting needs from a judge’s perspective Marc Wenske High Court of Hamburg

2 Structure Interpreting Needs – a Judge‘s Perspective
Are there general needs? Different fields of law – different needs? III. Criminal Procedural Law as an Example IV. Outlook

3 Judge’s Perspective

4 determined by three main obligations of a judge
Judge’s Perspective Interpreting needs – determined by three main obligations of a judge 1. Establishing the truth 2. Providing a fair trial to all participants 3. Effective workflow

5 Interpreting Needs General needs Role in proceedings
Assistance to the court Personality Professionalism

6 General interpretation/translation needs
Interpreting Needs General interpretation/translation needs Accuracy Versed in technical terms Medical terms (malpractice) Different types of companies (corporate law) Different residence titles (refugee law) Efficiency

7 Different fields of law Interpretation in the courtroom
Interpreting Needs Different fields of law – Different needs? Civil Law Administrative Law Social Security Law Mostly paper-based Written pleadings Expert evidence/ Expertise Information to public authorities Court orders Essentially: Translation Secondly: Interpretation in the courtroom

8 Criminal procedural law
Interpreting Needs Criminal procedural law - Special needs Main difference: Principle of oral procedure All evidence must be established and discussed in the courtroom

9 Interpreting Needs Criminal procedural law - Special needs
“Establishing the truth” with the professional help of an interpreter Defendant Witness/Victim Public

10 Criminal procedural law Emotions of the participants
Interpreting Needs Criminal procedural law - Special needs Providing a fair trial / Due process of law Court conduct of hearings Emotions of the participants involved

11 Criminal procedural law
Interpreting Needs Criminal procedural law - Special needs Versed in technical terms Medical terms (forensic-pychiatric-examination) Sentencing scheme (suspended sentence / probation)

12 Criminal procedural law
Interpreting Needs Criminal procedural law - Special needs Accuracy “no shortcuts!” “word by word” level of meaning

13 Criminal procedural law
Interpreting Needs Criminal procedural law - Special needs Efficiency Resilience Self-confidence Stress resistance

14 Criminal procedural law
Interpreting Needs Criminal procedural law - Special needs “interpreting the mood” ”transporting the mood” Success and efficiency depend on mood in courtroom choice of words is important

15 Criminal procedural law
Interpreting Needs Criminal procedural law - Special needs Integrity Especially in trials with charges of acts of terrorism i.e. IS; PKK, DHKP-C; NSU Disclose former clients to court (i.e. police, secret services) Before the trial starts: interrogation of the interpreter by the court and the defendant

16 Outlook Data-Base Content Availability Currentness
Consistent quality standard Content Education (i.e. simultanous, consecutive) Work experience Former clients Contact details (mail/mobile) Availability Internet Currentness

17 Outlook “LIT-Search” seems to be a big aim but:
it is an opportunity for more professionalism in trials ... It is an opportunity for a more secure way of granting a fair trial to the parties involved in a case

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