Interpreter's Participation in Criminal Proceedings (Historical and Comparative Legal Analysis of Domestic and Foreign Legislation)

Abstract

The article is devoted to certain issues of the participation of an interpreter in criminal proceedings. The object of the research is the social relations that arise in connection with the involvement of an interpreter to participate in criminal proceedings. The subject of this article is the provisions of the criminal procedure law related to the implementation of the principle of the language of criminal proceedings and regulating the participation of an interpreter in the criminal process, as well as scientifically based positions of scientists in this area, the problems of insufficient regulation of determining the legal status and participation of an interpreter, in a historical context, the history of the appearance of an interpreter in the criminal proceedings of Russia is studied, an analysis of changes that affect his competence is carried out, a comparative analysis of foreign legislation in criminal proceedings is also carried out (on the example of some foreign countries - Great Britain, France, Germany).The work uses general scientific and particular scientific methods, namely: system-structural, comparison, generalization, logical-legal analysis, historical. As a result of the study, the author substantiates the conclusion that in order to improve the legal regulation of the participation of an interpreter in the criminal process in Russia, some procedural issues of participation and the procedure for involving an interpreter in the criminal process, established in the study of foreign legislation, and comparison, should be taken into account when improving Russian legislation. In particular, when studying a candidate for translator by an investigator, it is proposed to take into account the translator's knowledge of legal terminology. Also, the need to involve two interpreters, in the event of a conflict of interests of the suspect, the accused, the appointment in court of a new interpreter who has not previously participated in pre-trial proceedings.