The Role of the Interpreter in Criminal Proceedings
DOI:
https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.552-566.409Keywords:
Interpreter , Criminal Proceedings , Right of Defense ,Fair Trial .Abstract
His study examines the role of the interpreter in criminal proceedings, recognizing them as one of the fundamental safeguards for ensuring a fair trial and upholding the rights of the defense. The interpreter enables the parties to comprehend the procedures of criminal litigation by conveying statements and expressions from an unfamiliar language into a language intelligible to the judge and the parties. The study aims to highlight the legal significance of the interpreter and to define their professional obligations, which include competence, fidelity, impartiality, and confidentiality. Moreover, it clarifies the scope of the interpreter’s civil and criminal liability in the event of a breach of these duties. The study further elucidates the legal nature of the interpreter’s work and distinguishes it from other participants in criminal proceedings, such as experts and witnesses. It emphasizes the interpreter’s role as a means of clarifying and understanding evidence, rather than serving as a mechanism to establish specific evidence.
References
Source
Firstbooks
1. Professor Abdul-Amir Al-Akili and Dr Salim Ibrahim Harba, Commentary on the Code of Criminal Procedure, Vol. 2, Al-Maktaba Al-Qanuniya, Baghdad,2008.
2. Dr Ahmed Shawki Abdel Rahman, General Theory of Obligation: Voluntary and Involuntary Sources of Obligation – Contracts – Unilateral Intent – Civil Liability – Unjust Enrichment, Faculty of Law, Mansoura University, 2008.
3. Dr Ahmed Abdel-Zahir, Legal Protection of the Arabic Language, 1st ed., Dar al-Nahda al-Arabiya, Egypt, 2008.
4. Dr Amal Abdel Rahim Othman, Commentary on the Code of Criminal Procedure, Egyptian General Book Authority, Cairo, 1986.
5. Dr Zaki Abu Amer, Criminal Procedure, Dar al-Jami’ah al-Jadida, Alexandria, 7th ed., 2005.
6. Dr Fakhri Abdul-Razzaq Al-Hadithi, Commentary on the Code of Criminal Procedure, Al-Maktaba Al-Qanuniya, Baghdad, 2019.
7. Sardar Ali Aziz, Guarantees of a Fair Trial for the Accused: A Comparative Study with Islamic Law, Dar al-Kutub al-Qanuniyya, Egypt, 2010.
8. Saeed Hasballah Abdullah, Commentary on the Code of Criminal Procedure, Dar al-Hikma for Printing and Publishing, Mosul, 1990.
9. Abdul Razzaq al-Sanhouri, *Al-Waseet fi Sharh al-Qanun al-Madani* (The Mediator in the Explanation of the Civil Code), *The Theory of Obligations in General, Sources of Obligations*, Part One, Dar Ahyaa al-Turath al-Arabi, Beirut, Lebanon, 1952.
10. Dr Mahmoud Saad al-Din al-Sharif, Commentary on the Civil Code: The Theory of Obligations, Vol. 1, Al-Aani Press, Baghdad.
Secondlyresearch
1. Al-Sandal, Maryam Ahmed Khalfan, ‘The Translator’s Obligations before the Courts of the United Arab Emirates’, Journal of Forensic and Legal Sciences, Faculty of Law, Al-Marqab University, Vol. 14, No. 1, 2017.
2. 2. Haider Kazim Abdul, ‘The Impact of the Translator’s Interpretation on the Clarification of Criminal Cases in Iraq and Islam’, *Iraqi University Journal*, Issue (73-7), May 2025.
3. 3. Dr Fathi Ibrahim Mohamed Mohamed, Judicial Officers in the Islamic Judicial System and Egyptian Legislation, Faculty of Law, Ain Shams University, undated.
ThirdTheses and Decisions
1.Dr. Emad Mohammed Ahmed Rabie, The Evidential Value of Testimony in Criminal Proceedings: A Comparative Study, PhD thesis, Faculty of Law, University of Jordan, 1999.
2. Fathi Mohamed Anwar Mohamed Ezzat, The Role of Expertise in Criminal Evidence: A Comparative Study, PhD thesis in Law, Faculty of Law, Ain Shams University, 2007.
3. Mabrouk Lenda, ‘The Rights of the Accused at the Trial Stage under the Algerian Code of Criminal Procedure’, Master’s thesis, Faculty of Law, University of Algiers, 2007.
4. Mohamed Amara Mohamed Adas, The Role of the Interpreter in Assisting the Judiciary: A Comparative Study, Faculty of Law, Menoufia University, 2024.
FourthLegislation
1. Law No. 58 of 2017 on the Protection of Witnesses, Experts, Informants and Victims.
2. The amended Code of Criminal Procedure No. 23 of 1971.
3. The amended Penal Code No. 111 of 1969.
4. Law No. 163 of 1964 on Experts before the Courts.
5. Law No. 9 of 1961 on the Code of Criminal Procedure and its amendments.
6. The amended Iraqi Civil Code No. 40 of 1951.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Ashur Journal of Legal and Political Sciences is issued by the Iraqi Association of Legal Sciences
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Ashur Journal of Legal and Political Sciences applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AJLPS, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
