Is a certified translation legally valid? This is one of the most frequently asked questions. The answer to this question in the Italian legal system is easy: No, it is not.
Many people believe that a translation accompanied by a certification signed by the Translator automatically becomes a legal document. Indeed, a certified translation and a sworn translation are two different institutions with different purposes and different legal consequences.
What is a certified translation?
A certified translation is a translation accompanied by a Translator’s statement or a statement of the translation agency which certifies its completeness and faithfulness to the original document.
Through this statement, the professional takes responsibility for the quality of their work, but they do not attribute legal value or value as a public document to their translation.
Therefore, this statement has to be considered as private certification and not as certification issued by a public Authority.
Why does this kind of translation not have legal value?
Under Italian law, a translation is still a private document, even though it has been certified by the Translator.
An accuracy statement does not substitute for procedures provided by law to make it official. As a consequence, if Public Administration Bodies, a Court or Authorities request a translation having legal value, the sole Translator’s certification is not sufficient.
In other words, a certified translation is a professional warranty, but it does not have any particular legal effect.
When does a translation have to be considered official?
A translation may have formal value when it is certified, i. e., when the Translator takes an oath before a competent Authority by declaring that it is faithful to the original document.
Certification does not certify translation quality, but it attributes legal value to the Translator’s statement through the procedure provided by the Italian legal system.
Should the document be used abroad, authentication (legalization) or an Apostille will be needed, depending on the country of destination.
Why does this misunderstanding happen?
The misunderstanding originates above all from a literal translation of the English expression certified translation.
In the countries in which the legal systems are based on common law, such as the UK, the US, Canada or Australia, a certified translation is generally a translation accompanied by a statement signed by the Translator. In many cases, this procedure is sufficient as it is acknowledged by the local Authorities.
On the contrary, in Italy the concept of “certified translation” does not correspond to a legal category regulated by law and does not equal a sworn translation.
When is a certified translation sufficient?
A certified translation is often accepted by:
- Multinational companies;
- Private Bodies;
- International organizations and
- for personnel recruiting procedures
In these cases, the recipient needs a reliable translation signed by a qualified professional with no particular legal formalities.
When is a sworn translation required?
A sworn translation is the right choice when the recipient clearly asks for a sworn translation.
This frequently happens when documents are to be delivered to:
- Universities;
- Courts;
- Public Administration Bodies;
- Judicial Authorities and must be used for:
- Citizenship procedures,
- The acknowledgement of birth, marriage, and death certificates,
- Some notarial or administrative procedures
In these cases, a certified translation does not fulfil the required requirements
Conclusion
A certified translation represents a useful means widely used in international relationships, but it does not have legal value in the Italian legal system. It is a professional statement which certifies translation accuracy, but it is not a public document.