Published: 2022-12-30

Disputed fees for translation in criminal proceedings: a case study

Krystyna Patora
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.4.02

Abstract

The subject of this article is the question of translation fees in Polish criminal proceedings on the grounds of the Ordinance issued by the Minister of Justice on 24 January 2005 on the remuneration due toa translator or interpreter under oath. Notwithstanding amendments to the applicable legislative act, its provisions are still not clear enough. The defects concern especially those parts of translation which are not a new translation or a verification of the translation made by another translator. On the one hand, the costs incurred in the course of preparatory proceedings should reflect the translator’s actual workload as distinct from technical costs, while on the other hand lack of clarity on this point makes for unnecessary chaos which is the subject of disputes between the translator and the authority which determines the amount of the fees due to the translator. We might expect the introduction to Paragraph 2 Point 3 of the Minister’s Ordinance to bring in a standard practice in this respect, but the new provision has not been clearly formulated. Doubts arise in situations when the translator neither makes a new translation nor verifies the existing translation but only uses the translation to produce a uniform transcript of the translated document. Should the fee for this part of the translator’s work still be charged at 50% of the rate for the original translation? I examine the provisions concerning this situation and try to provide answers to the question of determining fees due for translation at the preparatory stage of proceedings.

 

Keywords:

linguistic interpretation; systemic interpretation; functional interpretation; historical interpretation; translation fees; transcript; certification of a translation; translators’ fees.

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Citation rules

Patora, K. (2022). Disputed fees for translation in criminal proceedings: a case study. Zeszyty Prawnicze, 22(4), 33–53. https://doi.org/10.21697/zp.2022.22.4.02

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