Traduzione
In Italy, the processes of sworn translation (asseverazione) and legalisation of documents are of fundamental importance to ensure the authenticity and legal validity of public and private acts. These procedures are particularly relevant for those who need to present documents abroad or, conversely, for those who need to validate documents in Italy that were issued in other countries. In this article, we will explore in detail what sworn translation and legalisation are, when they are necessary, and how to execute them correctly.
What is Sworn Translation?
Sworn translation, or asseveration, is the process by which a professional translator certifies under oath that the translation of a document is accurate and faithful to the original. This procedure is essential when translated documents need to retain their legal value.
When is Sworn Translation Necessary?
Sworn translation is required in various situations, which can be summarised into two broad categories:
- Legal procedures: For example, translations of notarial deeds, contracts, financial statements, birth, marriage, or divorce certificates.
- Administrative procedures: For documents to be submitted to public or private entities.
The sworn translation process takes place at the court or the Giudice di Pace office, and the presence of a public official with the authority to certify the validity of the translation is required. Sworn translator must:
- Translate the original document.
- Go to the court (or another suitable location) with the original document and the translation.
- Take an oath affirming the accuracy of the translation.
- Sign a sworn translation report, which is attached to the translation and the original document.
The court fees related to the sworn translation process amount to a €16 revenue stamp for every four pages of the translated document (the original document is excluded from this count).
What is Legalisation?
Legalisation is the process that confers legal validity to a public document by certifying the authenticity of the signatures and stamps affixed to it.
When is Legalisation Necessary?
Legalisation is primarily required in two cases:
- Italian documents to be used abroad
- Foreign documents to be used in Italy
These can include birth and marriage certificates, but also customs documents, certificates of incorporation, registration certificates, contracts, and legal agreements issued by foreign authorities.
How is Legalisation Carried Out?
The legalisation process may vary slightly depending on the type of document and the destination country. Generally, the steps are:
- Document authentication: Verification of the authenticity of the document at the competent authority (municipality, prefecture, public prosecutor’s office, etc.).
- Affixing the Apostille (for countries adhering to the Hague Convention): The Apostille is a stamp that certifies the authenticity of the document and makes it valid in all countries that are parties to the convention.
- Legalisation at the consulate (for countries not adhering to the Hague Convention): The authenticated document must be submitted to the consulate of the destination/origin country to obtain legalisation.
The related costs may also vary depending on the document and the foreign state involved. Generally, if the original act to be legalised was issued with a revenue stamp, a €16 revenue stamp will be required for the legalisation. If the original act was issued without a revenue stamp, no stamp is required. For consular acts, a €16 stamp is always required.
Differences Between Sworn Translation and Legalisation
Although sworn translation and legalisation may seem similar, they have different purposes and procedures:
- Sworn translation: Concerns the translation of documents, ensuring their fidelity to the original.
- Legalisation: Concerns the authenticity of public documents, making them valid for international use.
Conclusion
In an increasingly globalised world, the correct handling of translated and authenticated documents is crucial. Understanding the processes of sworn translation and legalisation in Italy helps avoid legal and administrative problems, ensuring that documents are recognised and accepted wherever necessary.
If you need to translate and legalise documents, click here for more information.
