Dismissal of the appeal due to lack of translation of criminal orders

Facts

The accused X. was convicted by various public prosecutors for illegal residence and violation of the obligation to cooperate in the procurement of identity documents to fines and imprisonment. He filed an appeal, as he did not understand the criminal orders in his language and therefore could not effectively defend himself. The higher court dismissed the appeal, whereupon X. filed a complaint with the Federal Court. The Federal Court dismissed the complaint.

Considerations

The Federal Court dismissed the complaint because the lack of translation of the criminal orders does not constitute a ground for appeal. The appeal is not intended to correct procedural violations, but only to assert new facts or evidence that could lead to a different judgment. The lack of translation of the criminal orders was not a procedural violation that calls into question the legal force of the judgments. Furthermore, the accused did not assert his need for translation in a timely manner, but only in the appeal proceedings before the Federal Court. A nullity of the criminal orders due to lack of translation is therefore not given.

The Federal Court further determined that the imposition of fines within the scope of the…