Language

Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 87g Court procedure

(3) The court sends the person concerned a copy of a German translation of the other Member State’s decision if this is necessary for the exercise of that person’s rights. Where an application as referred to in section 87i (1) is made, the person concerned is also to be served copies of the documentation referred to in section 87a and of the decision, pursuant to section 87i (2), not to assert any obstacles to authorisation. In the case under sentence 2, the person concerned is requested to respond within a period to be determined by the court.

Germany - Criminal Procedure Code 1950 (2024) EN

Section 37
Procedure for service

(3) If a translation of the judgment is to be made available to a party to the proceedings pursuant to section 187 (1) and (2) of the Courts Constitution Act, the judgment is to be served together with the translation. In such cases, service on the other parties to the proceedings is to be effected at the same time as service pursuant to sentence 1.

Section 114a
Issuance of warrant of arrest; translations

A copy of the warrant of arrest is to be handed over to the accused at the time of his or her arrest; if the accused does not have a sufficient command of the German language, then, in addition, a translation in a language he or she understands is to be provided. If it is not possible for a copy and, where necessary, a translation to be handed over to the accused, he or she must be informed without delay, in a language he or she understands, of the grounds for arrest and of the accusations levied against him or her. In that case, the copy of the warrant of arrest and, where necessary, a translation are subsequently to be handed over to the accused without delay.

Section 114b
Instruction of arrested accused
(1) Arrested accused are to be instructed as to their rights without delay and in writing in a language they understand. If written instruction is clearly insufficient, oral instruction is also to be given. The same procedure applies accordingly if it is not possible to give instruction in writing; however, written instruction is, as a rule, to be given subsequently insofar as this can reasonably be done. The accused must, as a rule, confirm in writing that instruction was given; if the accused refuses, this is to be documented.

(2) In the instruction pursuant to subsection (1) accused persons are to be advised that they

1. are, without delay, at the latest on the day after their apprehension, to be brought before the court which is to examine them and decide on their further detention,
2. have the right to reply to the accusation or to remain silent,
3. may request that evidence be taken in their defence,
4. may at any time, including before their examination, consult with defence counsel of their own choice; they are to be provided with information which assists them in contacting defence counsel; reference is thereby to be made to emergency legal services,
4a. may, in the cases under section 140, request the appointment of court-appointed defence counsel in accordance with the provisions of section 141 (1) and section 142 (1); reference is thereby to be made to the fact that they may be obliged to pay costs as required by section 465,
5. have the right to demand an examination by a female or male physician of their own choice,
6. may notify a relative or a person trusted by them, provided the purpose of the investigation is not significantly endangered thereby,
7. may, in accordance with the provisions of section 147 (4), apply to inspect the files and, under supervision, to view items of evidence in official custody if they have no defence counsel and
8. may, if remand detention is continued after they are brought before the competent judge,

a) lodge a complaint against the warrant of arrest or apply for a review of detention (section 117 (1) and (2)) and an oral hearing (section 118 (1) and (2)),
b) in the event of inadmissibility of the complaint, make an application for a court decision pursuant to section 119 (5) and
c) make an application for a court decision pursuant to section 119a (1) against official decisions and measures in the enforcement of remand detention.

The accused is to be advised of defence counsel’s right to inspect the files under section 147. An accused who does not have a sufficient command of the German language is to be advised in a language he or she understands that he or she may, in accordance with the provisions of section 187 (1) to (3) of the Courts Constitution Act, demand that an interpreter or a translator be called in free of charge for the entire criminal proceedings; a hearing or speech impaired accused is to be instructed as to the right to choose under section 186 (1) and (2) of the Courts Constitution Act. Foreign nationals are to be advised that they may demand notification of the consular representation of their home state and have messages communicated to the same demand notification of the consular representation of their home state and have messages communicated to the same.

Rome Statute

Article 50 Official and working languages

1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

Article 87 Requests for cooperation: general provisions

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.