Translating for legal equivalence
Encyclopedia
Translating for legal equivalence is the production of translation
s that are acceptable by a legal jurisdiction
.
and other official documentation
are usually required in the official language
(s) of a jurisdiction
.
In some countries, it is a requirement for translations of such documents that a translator swear an oath
to attest that it is the legal equivalent of the source text
. Often, only translators of a special class are authorized to swear such oaths. In some cases, the translation is only accepted as a legal equivalent if it is accompanied by the original or a sworn or certified copy
of it.
Even if a translator specializes in legal translation or is a lawyer
in his country, this does not necessarily make him a sworn translator.
The procedure for translating to legal equivalence differs from country to country.
of the judicial district
in which they have their place of residence. In the past translators and interpreters in all judicial districts aspiring to "sworn" status were screened for suitability by the Crown Prosecutor
. The candidate has to state the language combinations for he or she wishes to be sworn. A diploma of translator/interpreter is usually regarded as adequate proof of competence. There is no limitation on the language combinations which can be recognized.
However, following a scandal involving an illegal immigrant who obtained sworn translator status, The President of the Court of First Instance at Antwerp, launched an experimental scheme whereby aspiring sworn translators and interpreters have to undergo training organized by the Ministry of Justice and submit to examination.
The same President, basing himself on an extreme interpretation of the language laws
, also ruled that the only language combinations that could be recognized for sworn translator/interpreter status were those in which Dutch was either the original language or the target language.
This view has fortunately not yet been adopted by other judicial districts in Belgium.
. In most cases, the candidates are required to pass an examination.
, some local instances, such as the Superior Court of Justice, establish that a written and oral examination shall be passed for a translator to be recognized as an expert or "sworn" translator (this kind of translator does not swear before the court to be authorized).
, the translator must be authorized by the High Court
, and must use an original (or a sworn copy of an original) in his physical presence as his source text. The translator may only swear by his own translation. There is no requirement for an additional witness (such as a notary
) to attest to the authenticity
of the translation.
and another language, the candidate has to be certified by the Spanish Ministry of Foreign Affairs and Cooperation as a "sworn translator and interpreter" (traductor-intérprete jurado). Then, the translator is required to register their stamp and signature and communicate their rates for sworn translations to the Ministry, who includes the translator's data in a public list of sworn interpreters .
Eligibility can be achieved either through a state exam or by completing the degree studies of Translation and Interpretation in a Spanish University, provided that the translator has passed certain law-related subjects.
Sworn translators for combinations including the other three co-official languages of Spain (Basque
, Catalan
and Galician
) are certified by regional authorities following a similar procedure as the Spanish Ministry of Foreign Affairs.
Translation
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. Whereas interpreting undoubtedly antedates writing, translation began only after the appearance of written literature; there exist partial translations of the Sumerian Epic of...
s that are acceptable by a legal jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
.
Legal requirements
For legal and official purposes, evidentiary documentsEvidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
and other official documentation
Documentation
Documentation is a term used in several different ways. Generally, documentation refers to the process of providing evidence.Modules of Documentation are Helpful...
are usually required in the official language
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
(s) of a jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
.
In some countries, it is a requirement for translations of such documents that a translator swear an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
to attest that it is the legal equivalent of the source text
Source text
A source text is a text from which information or ideas are derived. In translation, a source text is the original text that is to be translated into another language.-Description:...
. Often, only translators of a special class are authorized to swear such oaths. In some cases, the translation is only accepted as a legal equivalent if it is accompanied by the original or a sworn or certified copy
Copying
Copying is the duplication of information or an artifact based only on an instance of that information or artifact, and not using the process that originally generated it. With analog forms of information, copying is only possible to a limited degree of accuracy, which depends on the quality of the...
of it.
Even if a translator specializes in legal translation or is a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in his country, this does not necessarily make him a sworn translator.
The procedure for translating to legal equivalence differs from country to country.
Argentina
In compliance with Law #20,305, all public documents (including personal papers and some commercial contracts) have to be translated and signed by a certified "public translator" (traductor público), whose seal and signature have to be legalized on each document by the Translators' professional body of their jurisdiction. All private persons, companies, the judiciary and other government departments are subject to this law regarding documents or depositions in a foreign language. In order to be certified as a public translator for a major European language, candidates have to attend university courses leading to the professional degree of traductor público.Belgium
"Sworn Translators" and "Sworn Interpreters" swear an oath before the President of the Court of First InstanceCourt of First Instance (Belgium)
The Court of First Instance in Belgium consists of three divisions: the Civil Court, the Correctional Court and the Juvenile Court. There is a Court of First Instance for each Judicial Arrondissement.-Civil Court:...
of the judicial district
Arrondissements of Belgium
The federalized country Belgium geographically consists of 3 regions, of which only Flemish Region and Walloon Region are subdivided into 5 provinces each; the Brussels-Capital Region is neither a province nor is it part of one....
in which they have their place of residence. In the past translators and interpreters in all judicial districts aspiring to "sworn" status were screened for suitability by the Crown Prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
. The candidate has to state the language combinations for he or she wishes to be sworn. A diploma of translator/interpreter is usually regarded as adequate proof of competence. There is no limitation on the language combinations which can be recognized.
However, following a scandal involving an illegal immigrant who obtained sworn translator status, The President of the Court of First Instance at Antwerp, launched an experimental scheme whereby aspiring sworn translators and interpreters have to undergo training organized by the Ministry of Justice and submit to examination.
The same President, basing himself on an extreme interpretation of the language laws
Language legislation in Belgium
-1830: freedom of languages and linguistic coercion:One of the causes of the Belgian Revolution of the 1830s was the growing ascendancy of the Dutch language in the administration of the Southern provinces of the United Kingdom of the Netherlands...
, also ruled that the only language combinations that could be recognized for sworn translator/interpreter status were those in which Dutch was either the original language or the target language.
This view has fortunately not yet been adopted by other judicial districts in Belgium.
Germany
German regional courts (Landgerichte) have the power to appoint "sworn translators". The specific title and the appointment procedure are different in each stateStates of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
. In most cases, the candidates are required to pass an examination.
Indonesia
In Indonesia, (penerjemah tersumpah/bersumpah) sworn translators or also often called certified or (penerjemah resmi) authorized translators are persons having attended and passed legal field translators qualification examination organized by the School of Linguistics and Cultural Sciences, University of Indonesia (FIBUI). After being declared passing, they will then be taken oath by the Governor of DKI Jakarta.Italy
Both Italian courts and consulates have the power to appoint as "official translators" (traduttori giurati or ufficiali) candidates who pass an examination or show proof of language proficiency (usually a university degree).Mexico
In MexicoMexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, some local instances, such as the Superior Court of Justice, establish that a written and oral examination shall be passed for a translator to be recognized as an expert or "sworn" translator (this kind of translator does not swear before the court to be authorized).
Norway
Candidates are certified by the Association of Government Authorized Translators, after they pass a very demanding examination. Successful candidates are then authorized by the Norwegian government to sign their translations, after the phrase "True Translation Certified." The Association was founded in 1913.Poland
The standards of translation in Poland are regulated by a relevant department of the Ministry of Justice and every translator wishing to provide such services must pass a formal examination. Afterwards such a person is recognized as a 'sworn' translator - just like in Mexico. However, for ordinary translations (business, administration, correspondence) it is enough to have an independent expert in the field .South Africa
In South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, the translator must be authorized by the High Court
High Court of South Africa
The High Courts are superior courts of law in South Africa. The courts were created in 1996 on the adoption of the Constitution of South Africa, and inherited the jurisdiction of the provincial and local divisions of the former Supreme Court of South Africa...
, and must use an original (or a sworn copy of an original) in his physical presence as his source text. The translator may only swear by his own translation. There is no requirement for an additional witness (such as a notary
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
) to attest to the authenticity
Authentication
Authentication is the act of confirming the truth of an attribute of a datum or entity...
of the translation.
Spain
Only sworn translators can do a sworn translation in Spain. To become a sworn translator in Spain for a combination of SpanishSpanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
and another language, the candidate has to be certified by the Spanish Ministry of Foreign Affairs and Cooperation as a "sworn translator and interpreter" (traductor-intérprete jurado). Then, the translator is required to register their stamp and signature and communicate their rates for sworn translations to the Ministry, who includes the translator's data in a public list of sworn interpreters .
Eligibility can be achieved either through a state exam or by completing the degree studies of Translation and Interpretation in a Spanish University, provided that the translator has passed certain law-related subjects.
Sworn translators for combinations including the other three co-official languages of Spain (Basque
Basque language
Basque is the ancestral language of the Basque people, who inhabit the Basque Country, a region spanning an area in northeastern Spain and southwestern France. It is spoken by 25.7% of Basques in all territories...
, Catalan
Catalan language
Catalan is a Romance language, the national and only official language of Andorra and a co-official language in the Spanish autonomous communities of Catalonia, the Balearic Islands and Valencian Community, where it is known as Valencian , as well as in the city of Alghero, on the Italian island...
and Galician
Galician language
Galician is a language of the Western Ibero-Romance branch, spoken in Galicia, an autonomous community located in northwestern Spain, where it is co-official with Castilian Spanish, as well as in border zones of the neighbouring territories of Asturias and Castile and León.Modern Galician and...
) are certified by regional authorities following a similar procedure as the Spanish Ministry of Foreign Affairs.