In this article, we'll explain the significance and role of "peritos" in the Mexican legal system, discuss different translations of “perito” and “perito traductor” in English, and give further context by explaining its equivalent role in the US legal system.
What is a “perito” in the Mexican legal system?
The word “perito” is defined by the Royal Spanish Academy
(RAE) as an expert or knowledgeable individual in a specific area and is also
used outside of legal contexts. In the Mexican legal system specifically, a
“perito” or “perito oficial” is someone who goes through an application or
certification process to be included on the lists of state or federal judiciary
councils or supreme courts as an expert in their subject matter.
The courts appoint “peritos” in innumerable areas of
knowledge, ranging from medicine to engineering and business administration to
agronomy—and of course, translation. “Peritos” are also referred to by Mexican
judiciary entities as “auxiliaries to the administration of justice” and are
called upon to provide expert opinions, analyses, and reports that contribute
to legal cases and decision-making.
In the case of the “perito traductor”, they are called upon
as experts in the languages they are certified in and are the only translators
authorized to submit written translations or interpret (real-time translation)
in official court proceedings.
Though requirements for being named as an official “perito”
vary depending on the subject matter and certifying entity, applicants must
provide supporting documentation to prove their expertise through formal
training, certification, or professional experience, among other requirements.
What is the best English translation of the term “perito”?
There are several acceptable translations that convey the
meaning of “perito,” “perito oficial,” and “perito traductor.”
For the word “perito,” when used as a general term for
individuals specializing in a variety of fields, expert and specialist offer
good options.
For the term “perito oficial,” as it refers to an individual
who is included in the lists published by the Consejo de la Judicatura
(Judiciary Council) or Tribunal Superior de Justicia (state Supreme Court) to
aid in the administration of justice, acceptable translations include official
expert, government certified expert, or expert witness in a specific subject
matter.
Finally, the term “perito traductor” can be translated as
official translator, certified translator, government certified translator, or
court certified translator. It is also important to note that the appointment
does not distinguish between the translation of documents (written) and
real-time oral translation, meaning that “interpreter” can be used
interchangeably with translator depending on the context.
What is a similar role in the US legal system?
On the other hand, a similar role in the administration of
justice in US courts of the “perito oficial” is that of a forensic expert. Like
“peritos,” they are professionals with specific expertise who can be engaged by
various official entities, including federal, state, or local courts or dispute
resolution proceedings. They are called upon to serve as expert witnesses or
consultants and provide specialized insights and advice, especially on
scientific and technical matters. Forensic experts are either subpoenaed or
appointed by the court to assist judges or juries in criminal or civil cases,
provide support to indigent criminal defendants, or offer a third perspective
on information and evidence already assessed by prosecution and defense
experts.
In conclusion, “peritos traductores” play an important role
in navigating the Mexican legal system and completing official paperwork and
applications with government agencies.
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