Is certified translation of diploma an absolute necessary?
A certified translation is a translation of a legal document from another language into the language of assignment. A certified translation constitutes a legal interpretation of the content and must be handled as such. In other words, it must only be used as supporting information, not as an exact argument or as evidence in court proceedings. This particular type of "certified" translation is highly controversial because it may not comply with legal requirements. A professional translator needs to be able to say whether or not the translation of a specific document can be accepted as evidence (and if yes, in which cases) and under what conditions.
A certified translation of diploma constitutes an official document certifying that the content of a foreign diploma is identical to the content of its counterpart in the language of assignment. A certified translation is not an exact copy of the foreign diploma; it only confirms that the meaning is identical. Hence, a legal document is neither changed nor abrogated by being translated into another language or by being translated from one written form into another. If any discrepancies are found between the foreign diploma and the translation thereof, only the foreign diploma shall prevail as evidence.
The main reason for this rule is to prevent abuse as a result of insufficiently certified translations made by those who are not qualified enough in both languages. The purpose of such translations is always to mislead, since they may contain inaccuracies that cannot be revealed without specialised knowledge. The courts have no obligation to identify or punish the people who produce them, but it is possible that they will order a new certified translation, this time by an internationally recognised translator, in which case both translators' qualifications will be scrutinised.
This information may seem superfluous for some; however, misunderstandings concerning the legal meaning of a foreign diploma do occur more often than one would expect, and the result is that many graduates have been prevented from pursuing their chosen careers simply because of all-too-common misinterpretations. Such misunderstandings cannot be held against anyone in particular, since they are usually a combination of unclear wording in a foreign diploma and insufficient knowledge of legal requirements. A diploma is a legal document that must meet certain requirements. An improperly certified translation is not appropriate as supporting information or evidence in court proceedings, since it does not make the truth clear; rather, it may lead to misinterpretations and subsequent decisions which are null and void under law.
The purpose of this article is to make readers aware of the potential consequences of using a certified translation as evidence, and it is strongly suggested that anyone who needs to have a foreign diploma or any other document translated contact an experienced translator whose qualifications are recognised by the relevant authorities. Professional translators are best placed to answer any additional questions you may have about certified translations.
The information contained in this article cannot be regarded as legal advice; it simply conveys general information or opinion for reference purposes.
The following points are important:
A certified translation is a translation of a legal document from another language into the language of assignment which has been signed by an authorised translator who confirms that the meaning is identical to that of the original document. The fact that the foreign diploma is only a copy of the original cannot be proved without such a translation.
The courts will not accept as evidence any translation made by those who are not qualified to produce it, unless they hold relevant certificates for this specific type of translation and can provide them as proof. A proper certified translation must be carried out by an experienced legal translator who is qualified in both the source and target languages.
If properly certified, a translation does not abrogate the original; if discrepancies are found between the two, only the original document shall prevail as evidence. Since foreign language documents may be misunderstood or misinterpreted due to differences between cultures and legal systems, it is particularly important that all information necessary for understanding the foreign diploma is included in its translation. The purpose of a certified translation is to protect people from being misled by incorrect or incomplete information, which can have serious consequences in court proceedings if they are later discovered to be false.
The courts will always check whether the translator who made an official translation fulfilled all conditions for this type of work, and will refuse to accept a translation if its credentials are not official or up to date. This means that if a person has a poorly translated diploma which does not contain all relevant information about the original document, the result may be incorrect advice from an experienced lawyer who is unaware of this omission.
A certified translation must be carried out by a translator who is an official representative of the translation office in question, and it must certify that all conditions have been met. In addition to being bound by professional secrecy, the translator must hold a licence from the authorities responsible for legal matters in his or her country of origin, according to international agreements which regulate fees and qualifications. It is important to remember that the translator must be authorised by both countries, so knowledge of legal systems is essential.
A translation prepared by an unqualified person may lead to serious court proceedings which are then opened on the basis of misleading evidence. These will require additional costs for correcting mistakes and re-examination, all of which could have been avoided if the person had taken advantage of professional services.
The accuracy of a translation can be affected by many factors, including age and mental state at the time of making it which are not precisely defined. This means that translations will differ according to their authors' competence in both the source and target languages. Even though they are not protected by copyright, official translations are subject to mandatory revisions every six years to ensure that the translator's level of knowledge has not declined.
The basic principles for certified translations must be strictly adhered to, regardless of the degree of personal trust which clients place in their translators. Personal friendship should never influence decisions concerning professional work, since no one other than a legally licensed translator is allowed to prepare official translations from a foreign language.
Note: You can find here language rules https://www.researchprospect.com/language-rules/Considerable importance should be attached to the translator's prior experience in legal matters, as well as the way they have fulfilled their professional duties with respect to various documents and certificates. Since a court may decide that a non-official translation prepared by a person without sufficient knowledge and experience is annulled, it is fundamental that all factors concerning certified translations are carefully checked.
The biggest advantage of official or sworn translation lies in the fact that all conditions have been thoroughly checked, meaning that anyone who uses such a service can be sure they will receive an accurate interpretation which is legally valid. Moreover, clients who use certified translation services can be sure that they are in compliance with all international agreements concerning legal issues.
The best way to find out which translator is best suited for the job is by checking their qualifications, so you should never assume that everyone employed by a company is qualified to produce official translations. If you do not know whether to trust the credentials of the translator you are considering, it is best to contact your local authorities or chambers of commerce to obtain this information.
Whenever a client receives an official translation prepared by an independent person without legal authority, they should be aware that there is no guarantee about its authenticity and validity in court proceedings. Moreover, they will not receive any refund if they wish to use the translation and it turns out that serious mistakes have been made which could have been avoided by using a certified translator.
If you need an official translation of certain documents, it is important to make sure that your chosen translator is authorised to produce such work according to international standards. In particular, they should be competent for translations which are required for specific purposes, such as legal or notarised translations.
The main reason for this is that an official translator must be authorised by both the country where they were trained and the one in which they work. This means that translators who have been trained in some other country than the one where they are currently employed are not authorised to produce official translations.
Since non-certified translators do not have the same responsibilities as legally trained interpreters, it is best to use them for information purposes only and never rely on their work in court proceedings, since they are unlikely to understand all the legal implications of the work they are required to carry out.
The best way to avoid the problems associated with non-certified translators is by using certified ones, who are also required to undergo regular training before they can produce official translations. This means that clients can be sure that nothing but exact translations will be used in court proceedings and other legal issues.
Language services should always aim to provide clients with certified translations, since this is the only way to obtain an accurate interpretation of information which can be used in any country. It also increases the trustworthiness of the translation, so it is best to use professional interpreters who are authorised to produce official documents.
However, even though certified translators have undergone extensive training and passed a number of exams, there are still a few factors which can stop them from providing the desired interpretation. In particular, they should be able to identify technical terms and legal jargon, as well as understand colloquialisms used in everyday language.
It is worth noting that certified translators do not have all their work proofread by another professional, since each language service aims to provide its clients with the most accurate translations possible. This means that official translations will not contain any spelling or grammatical mistakes, so they do not need to be checked for this by another person.
The reason why certified translators are able to produce high-quality work is because they understand all the implications of what they are required to do. All translators must be authorised by the country where their qualifications were obtained and the one in which they work, so it is important that such proof accompanies all official documents or translations.
Resources: