Sworn and Legalised Translation in Italy: A Practical Guide

In Italy, the processes of sworn translation and legalisation of documents are essential 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 in Italy documents drafted in third 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 a Sworn Translation?

Sworn translation means the process by which a professional translator attests, under oath, that the translation of a document is faithful and conforms to the original. This procedure is essential when translated documents need to maintain their legal value.

When is Sworn Translation Necessary?

Sworn translation is required in various situations, which we can summarise into two main categories:

• Legal Procedures: For example, translations of notarial acts, contracts, balance sheets, birth, marriage, or divorce certificates.
• Administrative Procedures: For documents to be submitted to public or private entities.

The sworn translation process takes place in court or at the office of the Giudice di Pace. In any case, the presence of a public official authorised to attest to the validity of the translation is necessary. The sworn translator must:

1. Translate the original document.
2. Go to the court (or another suitable place) with the original document and the translation.
3. Take an oath on the truthfulness of the translation.
4. 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 revenue stamp of €16 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 attesting to the authenticity of the signatures and stamps affixed to it.

When is Legalisation Necessary?

Legalisation is mainly required in two cases:

• Italian documents to be used abroad.
• Foreign documents to be used in Italy.

These can be birth and marriage certificates, as well as customs documents, company incorporation certificates, registration certificates, contracts, and legal agreements issued by foreign authorities.

How to Execute Legalisation?

The legalisation process can vary slightly depending on the type of document and the destination country. Generally, the steps are:

1. Document Authentication: Verification of the document’s authenticity by the competent authority (municipality, prefecture, prosecutor’s office, etc.).
2. Apostille Affixing (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 adhering to the convention.
3. Consular Legalisation (for countries not adhering to the Hague Convention): The authenticated document must be presented to the consulate of the destination/origin country to obtain legalisation.

The costs related to this process can also vary depending on the document and the foreign state involved. Generally, if the original document to be legalised was issued with a stamp duty, legalisation will require a €16 revenue stamp. If the original document was issued exempt from stamp duty, no stamp is needed. 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: Involves the translation of documents, ensuring their fidelity to the original.
• Legalisation: Involves 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 to avoid legal and administrative issues, ensuring that documents are recognised and accepted wherever necessary. If you need to translate and legalise documents, click here for more information.

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