Certified Translation and Legalised Translation

Certified translation and sworn translation

In cases where the translation of a certificate or document with legal value is required, the translator is asked to provide a certified translation, also known as a sworn translation. Through certification, it is possible to produce documents with legal validity in a country other than the one in which they were issued.

This type of translation is required for numerous official documents when an official declaration from the translator is necessary to confirm that the translated text corresponds accurately to the original document. Sworn translations are generally required for diplomas, academic qualifications, birth certificates, certificates of no impediment, certificates, and documents for citizenship or marriage.

Translations with Legal Value

Certain types of documents require additional steps to obtain legal value. Depending on the regulations of the country where the official translations need to be submitted, a certified or sworn translation may be required.

In Italy, a translation is considered legally valid only if it is certified (sworn) by an official translator. The certification process involves a sworn statement before a public official (such as a court clerk), where the translator declares that the translation is complete, faithful, and corresponds entirely to the original document.

Certified Translations

Unlike a sworn translation, in a certified translation, the official translator personally declares the conformity of the translation to the original text, but no oath is required before a public official. In some countries, a sworn translator (similar to an official translator in Italy) will issue a document certifying the accuracy of the translation, often called a "Certificate of Accuracy."

In other countries, the concept of a sworn translation (i.e., a translation made official through the oath taken by the official translator in court) does not exist. Instead, there is the concept of a sworn translator. In some foreign countries, recognized sworn translators, unlike in Italy, are responsible for both the certified translation and the legalization process.

Legalised Translations

In Italy, the legalisation of a translation (legalized translation) is a procedure that follows the certification of the translation (i.e., the sworn translation or certified translation in court). Through legalisation, the signature of the official who administered the oath is certified, and the certified translation is followed by the process of legalisation.

When the translator signs the sworn statement attached to the translation, they assume both criminal and civil responsibility for the accuracy of the translation.

The sworn translation must be carried out in such a way as to ensure the completeness and correspondence between the translated text and the original. Therefore, the translator must possess in-depth knowledge of both languages and the specific terminology of the relevant field.

Legalisation

The legalization of a document is a procedure by which a State authority certifies the authenticity of the signature of the public official and their status as a public official. Only an official document can be legalised.

Regarding the competence for the legalization of documents issued in Italy, it is necessary to distinguish:

For judicial acts signed by court and prosecution officials, the competent authority is the Public Prosecutor’s Office at the court to which the jurisdiction belongs;
For all other acts, the competent authority is the Prefecture.

If the document was issued abroad, it must be legalised (or, in some cases, apostilled) in the country of origin. Once legalised or apostilled, the document can then be sworn (certified) translated in Italy

Conclusion

A sworn translation involves a procedure that guarantees the validity of the translated document. Requests for sworn translations from foreign countries often refer to the figure of the official translator. For this reason, it is very important, in order to avoid the rejection of a non-compliant translation by the foreign authority, that translations are entrusted to professional translators who are registered with the official register.

For further information, you can send an email to avv.posa@hotmail.it or contact us at the following mobile phone number +39 3298429140.