Prawo do tłumacza u progu zmian legislacyjnych w procedurze karnej.
The right of participants in criminal proceedings to an interpreter on the threshold of legislative changes in the Code of Criminal Procedure

Summary/Abstract: The intention of the article is to present the unique role of the translator in the era of advanced migration processes, as a key participant in criminal proceedings. The translator as a participant in the criminal process, regardless of whether he or she performs activities in writing or translates statements orally, enables the implementation of the principle of the right to procedural information, and from the perspective of the accused, also the principle of the right to defense. Starting from the normative environment and, therefore, the provisions regulating the status of a sworn translator, the following will be discussed in the further part of the study: the right to translation as one of the elements of the right to defense (Article 72 of the Code of Criminal Procedure), a new form of professional secrecy as an evidence ban (Article 180(2) of the Code of Criminal Procedure), participation of the translator in procedural activities (Article 204 of the Code of Criminal Procedure).The analysis will focus in the assessment of the draft amendments to the Code of Criminal Procedure published in October 2024, prepared by the Criminal Law Codification Commission. In this approach, the translator is a key entity facilitating communication between procedural authorities and parties to proceedings and their representatives. The author puts forward the thesis that it is necessary to grant a defense attorney upon request to the accused in a situation where there are grounds for appointing a translator for him as well. The article will include previously unpublished results on the practical aspects of the participation of sworn translators in criminal proceedings.

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