THE COSTS CAUSED BY THE PARTICIPATION OF AN INTERPRETER IN CRIMINAL PROCEEDINGS: TO IMPOSE ON THE ACCUSED OR ATTRIBUTED TO THE STATE?

Abstract

The article is devoted to the analysis of national and foreign legislation on the legal regulation of the conditions for providing participants of the criminal process with the interpreter’s services, as well as the practices of the European Court of Human Rights concerning the implementation of procedural guarantees fixed in the Convention on the Protection of Human Rights and Fundamental Freedoms in regard to the persons do not speaking the legal language. The foregoing has resulted in the conclusion that who has to recompense the procedural costs due to the participation of the interpreter in the criminal process. Thus, recognizing international legal standards in the field of the ensuring human rights and the accessibility to the justice of the suspect, accused person as well as his legal representative, the representative of the deceased defendant, the defense counsel, the civil defendant and his representative the free assistance of the interpreter provided by the state (without subsequent recompenses of costs due to the interpreter’s participation), the state represented by the agencies conducting the criminal process has international legal grounds of imposing on the liable person the charge to recompense the procedural costs incurred through the assistance of the interpreter in order to satisfy the interests of the prosecution.