PROFESSIONAL ETHICS OF A CERTIFIED TRANSLATOR
1 Dignity of a certified translator
The certified translator does everything in his or her power of ethics and professionalism to meet the demands that society places on a person of public trust. (2) A certified translator shall not undertake a translation if the content of a document, remuneration or working conditions offend against his professional dignity.
2 Special care
A certified translator performs the translation entrusted to him/her with special care and reliability, which includes, inter alia, personal, diligent performance of the translation or verification of the translation delivered by another person, performance of certified translations in accordance with the formal and legal rules of certified translation described in this Code and acceptance of orders to the extent allowing for their timely performance in accordance with the above requirements. The interpreter should also exercise due care required in the given circumstances referred to in the provisions of criminal law.
3 Accuracy of the certified translation service
A certified translator is personally responsible for the accuracy of the translation, i.e. for the compliance of the translation with the content of the source document and with the rules of specialist translation.
4 Impartiality in translation
1. A certified translator performs the tasks entrusted to him/her with impartiality, without expressing his/her own opinions in translation or taking into account unjustified suggestions of the clients or commissioning parties. The Translator shall not represent the position or interests of the Client or the Client or any third parties, in particular the persons concerned by the translation or the persons whose statements the Translators have made.
2. If a certified translator remains with the participants of the proceedings conducted pursuant to the Act in a relationship of kinship, affinity or has other close links with them, if the case concerns him directly, acts as a witness in the case or has witnessed an event related to the case or if there is another situation of conflict of interest, he or she should inform the principal or the ordering party thereof.
3. Certified translators should not make certified translations of their own documents.
5 Professional secrecy of certified translators and interpreters
1. A certified translator is obliged to keep secret all facts, circumstances and information which he learns in connection with the translation, especially information the unintentional disclosure of which would endanger the security of economic transactions.
2. The professional secrecy of a certified translator includes the secrecy of proceedings, negotiations, correspondence, personal data and other legally protected secrets.
3. A certified translator may not use confidential information obtained in connection with a translation to gain his or her own advantage.
6 Reasonable refusal to translate
1. A certified translator should refuse to translate if he or she does not have sufficient knowledge of the field and the specialist terminology associated with it, cannot prepare for a specialist translation within too short a period of time - in his or her opinion - or if he or she has previously undertaken to provide another translation, which is a particularly important reason for refusing to do so.
2. The illness or indisposition of a certified translator, death or serious illness of a close relative, custody of a child in need of care, accident and other random events are also particularly important reasons justifying the refusal to provide interpretation.
3. Unjustified refusal by a court to grant access to the file or by judicial, law enforcement or other authorities to provide basic information about the proceedings is also a particularly important reason for refusing to provide a translation.
4. The certified translator should provide the authority appointing him/her with particularly important written reasons justifying a refusal to provide a translation if the request for translation is recorded on any medium, such as an e-mail, a fax or a registered letter.
7 Timely completion of the translation or notification of its inability to be completed Certified translators are obliged to provide translations on time. In the event of unforeseen circumstances, such as an illness of the interpreter, an accident or an exceptional personal situation preventing the interpreter from performing the translation, the interpreter is obliged to notify the Client or the Client without delay.
8 Emergency replacement
If, for a sudden or unforeseen reason, a certified interpreter is unable to perform the translation in proceedings conducted by the court, the public prosecutor's office, the Police or public administration authorities which he or she has undertaken to perform, he or she should immediately notify the authority of a particularly important reason preventing the performance of the translation. If the translator has the opportunity to find a replacement, he or she may suggest to the authority that another translator, ready to be replaced, should be able to provide the translation.
9 Certified translator's fee
1. The rates of remuneration of a certified translator for activities performed at the request of a court, a prosecutor, the Police and public administration bodies shall be determined by the Minister of Justice.
2. In determining the amount of remuneration for the translation for other clients or commissioning parties, the certified translator shall take into account the required specialist knowledge, the necessary workload, the degree of difficulty of the translation, the scope of the translation and its own qualifications, experience and professional position, the unusual nature, place and time of the translation, the place and date of the translation, the liability related to the translation and the limitation of the possibility of obtaining other clients or commissioning parties.
3. The indication of the translation direction, the translator's remarks and annotations and the certification formula, as constituting an integral and necessary element of a certified translation, shall be included in the total number of characters of that translation.
4. Repeatability of the content of the document is not a basis for reducing the amount of remuneration.
10 Prohibition of unfair competition
1. Certified translators should not engage in acts of unfair competition by charging lower prices for translations.
2. The rates applied by a certified translator should not be lower than the rates set out in the currently binding regulation on remuneration for the activities of a certified translator when the body ordering the translation, directly or indirectly through a translation agency, is a court, a public prosecutor's office, the Police or a public administration authority.
11 Improvement of professional qualifications
Certified translators are obliged to constantly improve their knowledge and linguistic and translation skills, specialist knowledge and knowledge of domestic and international legal transactions in translated documents, as well as regulations regulating the activities of a certified translator to the extent necessary to perform a thorough and reliable translation.
12 Sharing knowledge
A certified translator should share his or her own experience and professional knowledge with colleagues.
13 Emergency assistance
Certified translators should not refuse to interpret in emergency situations, in particular in connection with a random accident, sudden illness, saving the health, life or property of the persons concerned.
14 Collegiate solidarity
Certified translators should not refuse to assist colleagues in their professional activities, especially when, for urgent or unforeseen reasons, a replacement is needed for an urgent or particularly difficult translation.
15 International Solidarity
A certified translator appreciates the achievements and exemplary professional standards of colleagues from other countries, participates in the exchange of experiences and expresses solidarity with colleagues from other countries in order to ensure a decent status as a translator.
CHAPTER II. PROFESSIONAL PRACTICE OF A CERTIFIED TRANSLATOR
CHAPTER 1 GENERAL PROVISIONS
16 Definition of the document
1. A document within the meaning of this Code is any content, regardless of the medium used, recorded on paper or in electronic form or recorded in sound, visual or audiovisual form. 2. An electronic document is a set of data ordered in a specific internal structure and written on an IT data carrier, which is a material or device used for recording, storing and reading data in a digital form.
3. A public document is a document drawn up in the prescribed form by public administration bodies appointed for that purpose within the scope of their activity and by bodies of organisational units or entities within the scope of matters raised by them under the law or the agreement.
17 Translation accuracy
1. A certified translator should translate a document exactly as it is written or spoken in, giving the entire content and making no changes or additions to it.
2. Translation fidelity means that the translation is consistent with the content and, where possible, the style of the source document and is not identical with translation literally.
18 Use of workshop assistance
Certified translators should use all terminological and other sources of knowledge available to them.
19 Access to auxiliary materials
A certified translator has the right to ask the Client or the Client for access to materials enabling him/her to obtain information necessary to perform the translation, he/she also has the right to request access to the case file in which he/she was appointed in the course of proceedings conducted by the court, or to basic information about proceedings conducted by the prosecutor's office, the Police or public administration bodies.
20 Consultation with an expert in the subject and an expert in a foreign language, including a specialist language
In order to ensure the highest quality of translation, a certified translator has the right to consult a subject expert or foreign language expert, including a specialist language, applying the rules set out in 5.
21 Representation of the activities of a certified translator
A certified translator conducts a repertory using a series of documents intended for this purpose, or repertory books in paper or electronic form, containing items listed in the Act on the profession of a certified translator. Entries are made in Polish. The translator is obliged to store the repertory in such a way as to ensure the security and durability of the stored data and prevent the destruction or loss of the repertory. A translator scrupulously conducts a repertory in accordance with legal regulations and the rules of evaluation of the correctness of a repertory of certified translator's activities applied by the Commission for the Professional Responsibility of Certified Translators and Interpreters at the Minister of Justice.
22 Security of documents and media
Documents and media must be stored in a manner that protects them from destruction, corruption or loss of data and from unauthorised access by third parties.
CHAPTER 2 TRANSLATION
23 Subject matter of the certified translation
The subject of a certified translation is documents. A certified translator prepares a translation certified on the basis of the original or a copy of a document, noting the form of the source document in the certification formula.
24 Names of a document drawn up in writing
Depending on the convention in force in the country of origin, the document may be made out on an official, business or other sheet, bearing a heading or a header stamp, the place and date of production, a stamp of a corresponding rank (e.g. with a national emblem, emblem or logo) or the signature of the person or persons who endorse the circumstances, facts or events stated in the document.
25 Definition of the original and a copy of a written document
1. A document may be in the form of an original, a certified copy or an uncertified copy.
2. The original documents are the original documents (e.g. the original commercial contract, university diploma, medical certificate, power of attorney, etc., as well as the original copy of a notarial deed or civil status records).
3. A copy of a document shall constitute an exact reproduction of the original or a document bearing the hallmarks of the original and may take the form of a copy certified by a competent person or an uncertified copy (e.g. copy photocopy, photocopy, scan or printout, fax).
4. The original of an electronic document shall be an electronic record only; all other forms shall constitute a copy (e.g. printout).
26 Material form of the certified translation
1. As required by law, a translation certified by a certified translator may be in paper or electronic form.
2. A certified translation prepared in a paper form contains a certification formula placed at the end of the document, under which the translator signs a handwritten signature and applies a round seal of a certified translator. Each page of a printout or handwritten translation is provided with a parchment and a round seal of a certified translator. If a copy of the source document is attached to the translation, the translator may include a signature or a paraphrase, a name stamp other than a round seal of the certified translator, a repertory number, a date, etc. The translation may be accompanied by a signature or a paraphrase.
3. A certified translation drawn up in electronic form shall include a certification formula at the end of the document. The translation shall be certified by means of a qualified electronic signature obtained in accordance with the provisions in force. A text of a translation made available in electronic form without a qualified electronic signature does not constitute a translation certified by a certified translator and has no legal force.
27 Computer-aided translation and machine translation at work as a certified translator 1. A certified translator may use computer programs supporting the translation process (CAT tools).
2. A certified translator may not use publicly available online automatic (machine) translation systems and tools that do not ensure the confidentiality of the transmitted data.
28 Determination of the translation direction
A certified translation should be preceded by the following indication of the source language from which the translation was made "Certified translation from the language (...)" and in the case of a translation into a foreign language - information on the same content in the target language.
29 Translation of the entire content of the document
1. A certified translation should convey the content of all legible characters of the translated document, visible to the naked eye or using a magnifying glass, and should describe the illegible parts of the text.
2. At the express request of the client or the ordering party, the certified translator is entitled to translate only the specified fragment(s) of the document. In such a case, the certified translator should include in the translation a note from the translator stating that the translation of excerpts has been prepared at the request of the Client or the Client and specify the place of the translated excerpt in the document or include a description of the excerpt or a description of omitted excerpts, e.g. [Translator's note At the request of the Client, only the content of x] has been translated.
3. A certified translator should apply the principle of the integrity of the translated text, i.e.
he/she should not leave numbers, dates, individual words, etc. in the translated fragment.
30 Translator's annotations and remarks in italics in square brackets
1. A certified translator enters annotations in the text of the translation, briefly describing elements of the document, such as the emblem or coat of arms, logo, photograph of the document holder, signature on the document, seals, stamp stamped stamp marks, document security features and other important elements of the document that need to be noted in the translation. Annotations shall be concise, marked in italics and placed in square brackets.
2. The translator may include comments in the text of the translation if he or she expresses his or her opinion on the elements of the translated document or if he or she provides the information necessary for the proper understanding of the translated content. Translator's notes should be concise, marked in italics and placed in square brackets and preceded or followed by the words 'Translator's note' in the language of the translation.
31 Translator's comments on changes and amendments to the document or interference by third parties 1. Before commencing the translation, the translator should check whether the document contains any signs that may indicate unauthorised interference by third parties with the content or form of the document. Any observations concerning interference with document security features, stains after attempts to mechanically or chemically remove parts of the document such as scraping or etching, digit alterations, typographical differences, differences in the colour of ink or inks, absence of fixed elements in the official journal, etc. shall be described in the Translator's note.
(2) Any corrections, additions or deletions made to a document, including official ones, shall be reproduced or briefly described in a note to the translation text, as appropriate, where they appear in the translated document.
32 A note about a national emblem or coat of arms
A note about a state emblem or coat of arms should contain the statement "state emblem" or "state emblem" and the full official name of the state adopted in the target language, without a detailed description of the image being the symbol of the state, e.g. [state emblem of the Russian Federation].
33 A note about the logo and elements of the official or business card
A note about the logo of an office, organization, institution or company should state the fact of its presence in the translated document, without describing the elements of this logo, e.g. [the logo of the company]. 2. if the blank contains not only the logo but also contact details of the company or its representatives, it is possible to reproduce them in full or to include a brief annotation of their content without quoting or translating them, if the translator considers that they are not essential for the understanding of the translated content. This rule does not apply to the author and addressee of a document.
34 Note on the illegibility of elements of the translated document
The assessment of legibility, partial or total illegibility of a stamp, signature or blurred fragment of a document is left to the discretion of the translator; however, the recognition of illegibility requires the translator to state this fact in a note. Text which can be read by a translator using a magnifying glass or by enlarging a scanned text on a computer screen shall be deemed to be readable.
35 Signature notation.
1. In Polish translation, a legible signature may be replaced by a symbol (-), followed by an annotation [signature John Smith]. If the document has an illegible signature, the symbol () must be placed behind it in italics [signature illegible]. Translation into a foreign language shall be subject to the convention of the language in question.
2. Documents bearing a signature imprint (facsimile) shall bear an appropriate endorsement, e.g. [facsimile signature John Smith].
36 Translator's note with a stamp imprint
The reference to the stamp which accompanies the translated document should include an indication of its type (stamp, stamp, stamp, date stamp, etc.), type (dry embossed, inked or printed), shape (round, oval, oblong, etc.), material (ink, wax, lacquer, etc.), ink or lacquer colour, and a translation of the text. The endorsement should not contain a description of the graphic elements of the seal. The stamp imprint should be described in an annotation, e.g. [Red round ink stamp with coat of arms in the seal field and the following wording along the edge ...], [Dry round stamp imprint], [Spray seal imprint], [Gold rosette with oval stamp imprint], [Red rosette with dry round stamp imprint] or [Dry oval stamp sticker].
37 Non-integral elements of a written document
Stamps of authorities or institutions other than those issuing the document, annotations and other elements of the document should be translated in full or described in the annotation or note of the translator.
38 Translator's note on repeated elements of a document
If the impression of the same stamp or other graphic element is repeated in a document, the second or subsequent endorsement may refer to the first description, e.g. [Circular seal as above], [Each page of the document bearing a stamp ...], unless such reference is not obvious in the case of several different stamps in the same document.
39 Graphic layout of the certified translation
1. The graphic layout of the translation text should be similar to that of the translated document.
2. The layout of the translation text should be reproduced especially in the case of tables. 3. If it is technically impossible to reproduce the layout of the source document, tables or boxes may be translated into solid text, in accordance with the logical chronology of the entries in the table of the source document.
40 Graphic elements in the translation text
1. The translator should not include graphic elements (in particular national emblem, coat of arms, logo, trademark, quality mark, signature, seal, etc.) reproduced from documents in a technical way in the translation. These elements should be described in accordance with the principles set out in 32-37 of the Code.
2. Text components of graphic elements of a document (e.g. signatures under graphs and drawings, samples, explanations on diagrams and diagrams) should be translated. These components can be rewritten in the source language and accompanied by a translation in the form of a legend. The translator may attach to the translation a copy of pages with graphic elements (diagrams, drawings, patterns, etc.).
41 Marking the end of a paragraph and an incomplete line
The end of a paragraph, as well as the end of an incomplete line forming part of an unfinished sentence, may be indicated by the -/- character that is omitted from the centred lines, from the margin lines and from tables.
42 Translation of multipart documents
The translation of documents consisting of several interconnected documents (e.g. commercial agreement with annexes, diagrams and drawings, court files consisting of pleadings and decisions) shall be made in chronological order or in the order in which they appear, treating each document as a separate document and assigning a separate number to the translation of that document in the repertory of the activities of a certified translator.
43 Translation of documents drawn up on forms
1. In the case of a form with blank spaces, the translator may translate the entire form, including the headings of the blank spaces, or omit blank spaces which are not relevant to the content of the document.
2. The incomplete fields of the form should be annotated in the target language, e.g. [not filled in] or [without entry].
3. If the source document (form) contains information relating to a printer, a publishing house or a number for a form, it may be transcribed or translated or made a brief reference to it, e.g. [print footer].
44 Absence of equivalence
In the absence of equivalence resulting, for example, from differences in legal systems, after the term used in the translation or expression, the certified translator may quote in brackets the term or expression in the source language.
45 Words of unknown significance to the translator
Words, phrases, abbreviations, abbreviations, etc. of unknown meaning should be transcribed to the translator and it should be noted that they were included in the translated document in the source language, because despite the translator's due diligence, their meaning was not found by the translator in the sources available to him/her.
46 Certificates and diplomas
1. In the translation of documents concerning education, the principles developed by the European Commission, the Council of Europe and UNESCO/CEPES, which require that professional titles, degrees and academic titles, names of schools, universities and other educational institutions, as well as no evaluation judgements or statements of equivalence of education level, be quoted in the source language. The equivalence of a professional title or degree can only be determined on the basis of an international agreement by authorised bodies or, in the absence of an international agreement, by means of nostrification.
2. The professional title, degree or scientific title shall be cited in the source language; it may be supplemented in the translator's note by an explanation of the content established by the institution appointed for that purpose.
3. The grades expressed in letters or numbers appearing on the certificates or diplomas shall be quoted by the certified translator in the text of the translation in accordance with the version in the source language and may be accompanied by an appropriate explanation in the translator's note.
47 Citing the names of offices, organisations or institutions
1. The names of the offices, organisations or institutions may be translated and the source language version in brackets in the translation text.
2. In the translation from a foreign language into Polish, the names of offices, organisations or institutions written in the source language in the non-Latin alphabet or in the handwriting systems should be provided in a transcribed version, and in the first transcribed entry the name should also be provided in brackets in the source language. The transcribed version may be omitted with reference to the names of offices or institutions commonly known to the Polish recipient, e.g. the Ministry of Foreign Affairs, the Supreme Court, the district court, etc. The transcribed version may be omitted with reference to the names of offices or institutions commonly known to the Polish recipient, e.g. the Ministry of Foreign Affairs, the Supreme Court, the district court, etc. The transcribed version may be omitted with reference to the names of offices or institutions commonly known to the Polish recipient.
48 Citing geographical names written in a foreign source language
1. Geographical names recorded in any alphabet or in the systems of writing should be quoted in the text of translation into Polish in accordance with the rules recommended by the Commission for the Standardisation of Geographical Names outside the borders of the Republic of Poland.
2. In translating civil status records, the interpreter shall use the name of the locality in the form appearing in the source document. If there is a contemporary name or Polish equivalent, the translator should, if possible, include in the annotation the name of the place in the current wording in accordance with the rules recommended by the Commission for Standardisation of Geographical Names outside the borders of the Republic of Poland.
49 Recording of names and surnames
1. Names and surnames should not be translated or their equivalents in the target language. Paternal names should be quoted in their unchanged form.
2. Names written in Latin characters should be quoted in the text of the translation into Polish in the original spelling, while in non-Latin alphabets or in the systems of writing in a transliterated version, used in a foreign travel document (e.g. passport) and possibly in the original version.
3. Names and surnames with grammatical endings indicating gender should retain the end of the singular denominator when translated from Polish into non-reflective languages, and when translated into inflected languages - the end of the relevant case.
4. In case of doubt as to the appropriate form of the denominator for a foreign language name or surname, which may result from the variety by chance according to the rules of the inflected language in question, including Polish (e.g. "daughter of Wilhelm Dieter"), an explanation should be provided in square brackets [denominator of the singular Wilhelm Dieter] or [M. lp. Wilhelm Dieter].
5. If a source document (e.g. a copy of a civil-status record) contains a personal name that is equivalent to a first name and surname (mononym) or if there is no distinction between a first name and surname in the culture of a given foreign language, this fact should be noted in the translations of civil-status records in the translator's note.
50 Diacritical signs and their absence in own names
1. Own names, and in particular forenames and surnames, containing letters bearing diacritical marks in the source language, shall retain those marks in translation into the target language.
2. Polish own names, in particular first names and surnames, given in the source text without the necessary diacritical marks - should be quoted in the translation in the same form (without diacritical marks). The translator may add a note from the translator to the effect that the spelling of his own names, in particular first names and surnames, is the same as that of the source document.
51 Honorary and address forms
If there are any honorary phrases, titles, address forms or abbreviations of those elements in the source document before or after a person's name, you can explain the meaning of those elements in the translator's note, e.g. the Japanese san-honorary suffix.
52. Citing the address
1. The address of a person or institution as an essential element of service shall not require a translation of the items in question and shall be mentioned in the original spelling.
2. Elements of the address, such as the word 'street' or its abbreviation 'street', can only be translated if they are part of a text and are not used for correspondence.
53 The way of writing dates in translation
In order to avoid misunderstandings that could arise from the diversity of dating systems used throughout the world, a certified translator should eliminate the ambiguity of writing the date by verbally specifying the name of the month or at least its abbreviation.
54 The way numbers are written in translation
Roman or Arabic numerals in the translated text may be used in accordance with the Convention in force in the target language, to the exclusion of elements in which Arabic or Roman numerals have an identifying value, e.g. in the marking of the document.
55 Translation of abbreviations and abbreviations
1. Abbreviations and abbreviations first used in the source language should, as far as possible, be developed and provided in the target language in full text, and their equivalents may be used in the target language in accordance with the conventions of the language concerned.
2. Abbreviations of promulgation and official journal names are not translated, however, the translator may precede the abbreviated name with a short descriptive equivalent in the target language, e.g. [Polish official journal] "Dziennik Ustaw".
3. Abbreviations used in legislative acts (e.g. k.p.k.) when fully worded in the target language should also be quoted in the source language and their equivalents may be used in the target language, in accordance with the convention of the language concerned.
4. The names of editorial and systematisation units of documents, e.g. book, section, Article, paragraph, etc., may be translated or transcribed in accordance with the target language convention, subject to the provisions of paragraph 45.
56 Quoting the values of numerical units of measure and weights and the values of currencies Numerical values of units of measurement and weights and currency values in translation are quoted only in the version given in the source text and are not converted from one system to another.
57 Letters of non-Latin alphabets in identification numbers
If the document translated from or into non-Latin languages contains identification numbers consisting of digits and letters of identical shape, an explanation to this effect must be provided in the translator's note.
58 Linguistic inaccuracy and obvious typographical errors
1. Any linguistic or obvious typographical errors that occur in a document in the source language shall not be translated into the target language if they do not affect the content of the document and do not concern important elements of the document.
2. If the linguistic incorrectness of the source text gives rise to doubts as to the correct content, the translator should include a note on the subject in the translation.
3. At the translator's discretion, the translator may comment on the occurrence or type of errors, especially in the case of numerous linguistic or typographical errors in the source document.
59 Literal or numerical errors in important parts of a document
1. Letter or numerical errors in elements of the document such as names, surnames, dates, numbers, town names, etc. should be repeated in the translation.
2. In the event of the presumption of a manifest error, the Translator may include a comment on the likelihood of such an error occurring, stating the appropriate wording.
60 Fragments or elements of a document in a language other than the source language Fragments or elements of a document in a language other than the source language and the target language must be described in the Translator's note by specifying that language or, if it is impossible to identify it, by stating [third language text] or rewrite this passage.
Translation of text elements in a language other than the source language is allowed only if the certified translator is authorized to translate from that language.
61 Certificate of conformity of the translation with the original document
1. A certified translator shall, within the limits of his or her knowledge as a certified translator who is not a specialist in assessing the authenticity of documents, certify that a translation corresponds to the original document in the form certifying the translation if the original does not raise any objections. Certification of conformity of the translation with the original shall not be the same as certification of the authenticity of the document.
2. Before certifying the conformity of the translation with the original document, the certified translator should make sure that all the elements that he notices during the translation, which may indicate possible interference with the content or form of the document, have been accurately described in accordance with the guidelines set out in 31.
3. In the case of a translation based on the original source document, the translator may attach a copy of the source document to the translation.
62 Certification of conformity of the translation with a document which is not the original 1. A translation of a document which is not the original shall be accompanied by a permanent translation of that document. The translation is then signed and stamped with a round seal of a certified translator. A source document attached to the translation which is not an original shall be accompanied by a signature or a paraphrase, a personal stamp or other annotations specified in 26 section 2. The fact that a source document attached to the translation is not an original shall be confirmed by the translator in a formula certifying that the translation is in conformity with the attached excerpt.
2. In the case of translations accompanied by a qualified electronic signature, it is recommended that a translation of a document which is not an original should be accompanied by a scan of the source document, that the translation should be stated in a formula certifying the conformity of the translation with the attached excerpt, and that the whole should be signed with a qualified electronic signature in accordance with 25 Section 4.
63 Certification of a translation made by another person
The decision to certify a translation prepared by another person is left to the sole discretion of a certified translator, who, providing the translation with a round stamp and a handwritten signature under a certifying formula or a qualified electronic signature, thus certifies the accuracy of the translation and bears full responsibility for the translation.
64 Certification of a translation into a foreign language intended for legal transactions abroad
1. Depending on the convention in force in the State in which the translation is to be marketed, a certified translation of a document may, in agreement with the originator or the principal, be permanently combined with a copy of the source document in the manner prescribed in 62.
2. In the case of translations commissioned or ordered by entities other than courts, prosecutor's offices, the Police and public administration bodies, a copy of the source document should be attached to the translation into a foreign language and intended for legal trading abroad.
65 Elements for the certification of the translation
1. The certificate of translation shall include the certification formula, the certified translator's round stamp and his handwritten signature or qualified electronic signature.
2. The formula certifying the translation should be placed directly under the text of the translation and separated from it by e.g. typographic signs. Immediately under the formula, the translator shall stamp the translation with a round stamp and a handwritten signature in accordance with the specimen submitted to the Ministry of Justice.
3. The certification formula shall be drawn up in the first person singular, in the language of the translation. The formula includes the name and surname of the translator, the designation of the language in which the translator is authorised, the number of an entry on the list of certified translators, a certificate of conformity of a translation from a specific source language with the original or a copy of a document submitted to the translator, the place and date of certification and the number of an entry in the repertory of activities of a certified translator.
66 Combining and sealing a multi-page translation
The text of a translation of a document placed on two or more pages shall be merged in such a way as to make it impossible to separate the pages. Each page of the translation should bear the round seal of a certified translator and a signature or paraphrase.
67 Certified translator's round seal
1. A certified translator uses a metal, embossed round seal issued at the request of the Minister of Justice by the Mint of Poland.
2. A certified translator's round seal is used to certify the translation's conformity with the translated document. A certified translator shall affix a round seal to each page of the translation, subject to the provisions of 26 section 2.
3. A certified translator uses ink for a round seal in a colour other than black to make it easier to distinguish the original translation from a technical copy.
4. The use of other round stamps made to the private order of the translator and modelled on the stamp of a certified translator in order to seal certified translations in Polish or foreign languages is not legal.
68 Special protection of the certified translator's seal and responsibility for its safekeeping The certified translator's round seal is subject to special protection under state seal regulations, which means that the seal must be stored in a manner that protects it from access by third parties, that the seal must not be disclosed to unauthorised persons and that blank seal prints must not be disclosed to anyone.
69 Oblong seals and certified translator's blank sheet
A certified translator may additionally use his/her blank or header or name stamp, containing information in Polish or foreign language about his/her professional title or academic degree, his/her entry number on the list of certified translators and contact details or other data that the translator deems necessary.
CHAPTER 3 - INTERPRETATION
70 Acceptance of the request and specification of the subject matter of the translation When accepting an interpreting order, a certified interpreter has the right to request basic information concerning the subject matter of the interpreting, to provide information on the scope of the certified interpreter's activities (including the expected duration of the activities involving the interpreter, the expectations of the client or the client, the planned use of remote interpreting equipment) in order to ensure that he or she is able to perform the task entrusted to him or her in a field which requires specialist knowledge and knowledge of specialist terminology.
71 Translation technique
The certified translator should make sure that the translation technique proposed by the client or ordering party is optimal in the given communication situation and, if it is inappropriate, should explain to the client or ordering party which technique is appropriate.
72 Job description of a certified translator
1. A certified translator should take a place in the vicinity of a foreigner whose statements he or she is to translate into Polish and to whom he or she interprets the statements of Polish parties to the proceedings in order to ensure proper audibility and visual contact with that person. 2. In the case of remote interpretation devices (e.g. videoconferencing devices), the interpreter should agree with the persons in charge of the activity, as well as the persons whose statements are to be interpreted, on non-verbal rules or signals that enable the interpretation to be performed efficiently (e.g. a sign of an interpreter's break or a sign that the interpreter signals that the pace of speaking is too fast).
73 Checking the possibility of communicating with a foreigner
1. Before commencing the performance of his/her duties, a certified interpreter should make sure that he/she understands the foreigner whose statements he/she is to translate and that he/she understands.
2. If there are difficulties with mutual understanding between the interpreter and the foreigner due to the foreigner's insufficient knowledge of the language, use of a dialect that the interpreter does not understand, or speech or hearing disorders of the foreigner, the certified interpreter should notify the principal or the ordering party thereof.
74 Statement on the impartiality of a certified translator and the confidentiality of the translation
A certified translator has the right to inform a foreigner whose statements he or she interprets that he or she is not an employee of a law enforcement agency or a judicial system, that he or she does not represent these agencies or any of the parties involved in the proceedings and that he or she is bound by the principle of impartiality and confidentiality.
75 The principle of grammatical form
1. A certified translator uses the same grammatical form as the person speaking (he or she does not change his or her speech in the first person to a third person).
2. If a certified translator speaks on his or her own behalf, he or she is obliged to inform the principal or the client of this fact by talking about himself or herself in a third person.
(e.g. the translator asks for an explanation...).
76 Good audibility of the statements of the participants in the activity
A certified translator has the right to demand that he be given good audibility, without distorting the sound of the statements of all the parties to the proceedings. They shall also have the right, if necessary, to request a repetition of the speech or to indicate any difficulty in hearing it.
77 Adjusting the pace and manner of expression
A certified translator is entitled to demand that those whose statements are made by translators express themselves clearly and at a rate which allows the translation to take place, particularly where the translation contains elements which are difficult to remember, such as numbers or personal names.
78 Quotation during translation
The certified translator has the right to take notes (including notation) during the interpreting process. After the translation is completed, the translator is obliged to destroy the notes in such a way as to prevent third parties from reproducing them in accordance with the principle of confidentiality.
79 Disturbances in the communication process
The certified translator should inform the person in charge of the activity, if during the communication process he/she finds or fears that there has been incomplete understanding or if there is a need to supplement the translated statement with information or commentary necessary to understand the content and intentions of the translated statement.
80 Explanation of the meaning of specialist terms
A certified translator has the right to ask the person carrying out the activity to clarify or clarify the meaning of legal terms or other specialist terms unknown to the translator.
81 Use of a specialised dictionary for interpretation
A certified translator should, if necessary, inform the Client or the Client of the need to use a specialist dictionary for interpreting.
82 Disclosure of the readable document
A certified translator has the right to ask the person conducting the activity to provide a copy of the document to be read in order to translate it in a vista technique.
83 Working time of a certified translator
1. A certified translator has the right to demand a replacement in interpreting in the case of long term interpreting planned by a judicial institution or another client or ordering party, or long term, prolonged interpreting to avoid the risk of mistakes caused by fatigue.
2. In case of fatigue with interpretation, a certified interpreter is entitled to a break.