Translating for legal equivalence is the production of translations that are acceptable by a legal jurisdiction.
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For legal and official purposes, evidentiary documents and other official documentation are usually required in the official language(s) of a jurisdiction.
In some countries, it is a requirement for translations of such documents that a translator swear an oath to attest that it is the legal equivalent of the source text. Often, only translators of a special class are authorized to swear such oaths. In some cases, the translation is only accepted as a legal equivalent if it is accompanied by the original or a sworn or certified copy of it.
Even if a translator specializes in legal translation or is a lawyer in his country, this does not necessarily make him a sworn translator.
The procedure for translating to legal equivalence differs from country to country.
In compliance with Law #20,305, all public documents (including personal papers and some commercial contracts) have to be translated and signed by a certified "public translator" (traductor público), whose seal and signature have to be legalized on each document by the Translators' professional body of their jurisdiction. All private persons, companies, the judiciary and other government departments are subject to this law regarding documents or depositions in a foreign language.[1] In order to be certified as a public translator for a major European language, candidates have to attend university courses leading to the professional degree of traductor público.
"Sworn Translators" and "Sworn Interpreters" swear an oath before the President of the Court of First Instance of the judicial district in which they have their place of residence. In the past translators and interpreters in all judicial districts aspiring to "sworn" status were screened for suitability by the Crown Prosecutor. The candidate has to state the language combinations for he or she wishes to be sworn. A diploma of translator/interpreter is usually regarded as adequate proof of competence. There is no limitation on the language combinations which can be recognized. However, following a scandal involving an illegal immigrant who obtained sworn translator status, The President of the Court of First Instance at Antwerp, launched an experimental scheme whereby aspiring sworn translators and interpreters have to undergo training organized by the Ministry of Justice and submit to examination. The same President, basing himself on an extreme interpretation of the language laws, also ruled that the only language combinations that could be recognized for sworn translator/interpreter status were those in which Dutch was either the original language or the target language. This view has fortunately not yet been adopted by other judicial districts in Belgium.
German regional courts (Landgerichte) have the power to appoint "sworn translators". The specific title and the appointment procedure are different in each state. In most cases, the candidates are required to pass an examination.
In Indonesia, (penerjemah tersumpah/bersumpah) sworn translators or also often called certified or (penerjemah resmi) authorized translators are persons having attended and passed legal field translators qualification examination organized by the School of Linguistics and Cultural Sciences, University of Indonesia (FIBUI). After being declared passing, they will then be taken oath by the Governor of DKI Jakarta.
Both Italian courts and consulates have the power to appoint as "official translators" (traduttori giurati or ufficiali) candidates who pass an examination or show proof of language proficiency (usually a university degree).
In Mexico, some local instances, such as the Superior Court of Justice, establish that a written and oral examination shall be passed for a translator to be recognized as an expert or "sworn" translator (this kind of translator does not swear before the court to be authorized).[2]
Candidates are certified by the Association of Government Authorized Translators,[3] after they pass a very demanding examination. Successful candidates are then authorized by the Norwegian government to sign their translations, after the phrase "True Translation Certified." The Association was founded in 1913.
The standards of translation in Poland are regulated by a relevant department of the Ministry of Justice [4] and every translator wishing to provide such services must pass a formal examination. Afterwards such a person is recognized as a 'sworn' translator - just like in Mexico. However, for ordinary translations (business, administration, correspondence) it is enough to have an independent expert in the field [5].
In South Africa, the translator must be authorized by the High Court, and must use an original (or a sworn copy of an original) in his physical presence as his source text. The translator may only swear by his own translation. There is no requirement for an additional witness (such as a notary) to attest to the authenticity of the translation.
Only sworn translators can do a sworn translation in Spain. To become a sworn translator in Spain for a combination of Spanish and another language, the candidate has to be certified by the Spanish Ministry of Foreign Affairs and Cooperation as a "sworn translator and interpreter" (traductor-intérprete jurado). Then, the translator is required to register their stamp and signature and communicate their rates for sworn translations to the Ministry, who includes the translator's data in a public list of sworn interpreters [6].
Eligibility can be achieved either through a state exam or by completing the degree studies of Translation and Interpretation in a Spanish University, provided that the translator has passed certain law-related subjects.
Sworn translators for combinations including the other three co-official languages of Spain (Basque, Catalan and Galician) are certified by regional authorities following a similar procedure as the Spanish Ministry of Foreign Affairs.
The "Kammarkollegiet" is an official agency that authorizes interpreters and translators, who must pass a stringent examination arranged by the organization. Authorized translators hold a protected professional title, and their translations are considered legal and binding for all legal purposes.[7]
The U.S. Department of Labor, Bureau of Labor Statistics states: "There is currently no universal form of certification required of interpreters and translators in the United States, but there are a variety of different tests that workers can take to demonstrate proficiency." [8]