Fifteenth Amendment To The Code Of Criminal Procedure, Approved By Decree-Law No. 78/87, Of 17 February.

Original Language Title: Décima quinta alteração ao Código de Processo Penal, aprovado pelo Decreto-Lei n.º 78/87, de 17 de Fevereiro.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445774f5331594c6d527659773d3d&fich=ppl109-X.doc&Inline=false

1 PROPOSAL of law No. 109/X justification substances versed in this revision of the code of criminal procedure refer to 191 articles and cover a broad set of procedural institutes, including the subject, the acts, the means of proof and evidence, coercive measures and asset guarantee, the investigation, the statement, the trial special processes and resources. Bearing in mind that the Criminal Process is constitutional law applied, the amendments seek to reconcile the protection of victim-reinforced, inter alia, in the seat of Justice, secret wiretaps, access to autos, info on escape and release of prisoners, statements for future memory and temporary suspension of the process – and the design of effectiveness with the guarantees of Defense, seeking to give effect to paragraph 2 of article 32 of the Constitution , which associates the presumption of innocence to speed the trial. Right in article 1, an update of the definitions of terrorism, violent crime and highly organized crime. All concepts are now considered separately, so they can be used in and of itself, the purpose of each scheme. The concept of organized crime goes on to cover the crimes of racketeering, trafficking in persons, arms trafficking, trafficking in narcotic drugs or psychotropic substances, corruption, trafficking in influence and money laundering. The reference is made no mention of legal provisions to cover the crimes in all its modes, whether they are provided for in the criminal code or in legislation. It's even added the notion of especially violent crime by imposing the constitutional revision of 2001, which introduced her to admit the entry at home during the night. Pursuant to article 11, the President of the Supreme Court of Justice shall be competent to authorize the interception, recording and transcription of conversations or communications involving the President of the Republic, the President of the Assembly of the Republic or the Prime Minister and determine, when appropriate, their destruction. In articles 11 and 12 the Presidents of the Supreme Court of justice 2, and relations of their Criminal jurisdiction Sections to conflicts of competence, in order to prevent these incidents cause unjustified delays. In article 19, in the framework of territorial jurisdiction, determines that the competent court for the trial of the crime of murder is that of the place of practice and not the place of consumption, taking into account that there may be a considerable period between two moments. The regime of impediments, provided for in article 40, is modified. Establishes that the judge has refused to apply the archive in case of exemption, the provisional suspension of the process or the process accelerated by consider insufficient penalty or there is applied a measure of coercion based on the existence of strong indications of crime is prevented from participating in further phases of trial and appeal. Does not extend the impediment to the judge that has kept the measure of coercion, because such a ban does not have to please your justification so intense and it would be difficult to apply in practice. During the incident of refusal or excuse it is envisaged now able to be practiced not only the urgent acts, referred to in article 44, but also necessary to ensure the continuity of the audience. Without forgetting that the quality of defendant is a sine qua non of the exercise of procedural rights and that may be acquired by the suspect, excludes the possibility of establishment of defendant when news of crime is manifestly unfounded and determines, in article 58, that such a Constitution depends on the existence of suspicion founded and is subject to validation of the judicial authority where it has been promoted by criminal police body. It is established that the accused must be informed of the facts that you are charged before a statement (article 61). Determines that the first judicial interrogation defendant held the judge inform the defendant of his rights, of the reasons for the arrest, of the facts complained of and of evidence where, in the latter case, the revelation does not put seriously in question, the discovery of truth or fundamental rights. The night time, during which the defendant can only be interrogated following arrest and if himself requests or are concerned especially serious crimes shall be between the 0 and 7 hours-and not between 0 and 6 hours – harmonizing-if the latter limit with what is accepted for the purpose of house searches. So innovative and to avoid the entrainment unlimited interrogation, it is prescribed that this has a maximum duration of 4 hours, with the end which can only be resumed by a new maximum identical during the same day 3, after a minimum interval of 60 minutes (article 103). Widens the compulsory assistance of Defender to cases of questioning whenever the defendant is blind or is detained or arrested (article 64). When you are abroad the defendant has the right to choose an interpreter to translate conversations with your advocate (article 92). The deadline for the establishment of private crime Wizard is extended from 8 to 10 days, in the light of your smallness (article 68). To strengthen the position of the Assistant, it is expected that he can go hand in hand with a lawyer in all démarches in which intervenes (article 70). Dedicates with greater magnitude the principle of publicity. Thus, in the course of the investigation, the Prosecutor may determine advertising – «» foreign-upon request or with the agreement of the accused, if the termination of the secret does not prejudice the investigation and the rights of subjects and victims. However, if the defendant require publicity and Public Ministry not to grant, it is up to the judge to decide, is not actionable by order, about the continuation or termination of the secret. During the instruction, the defendant cannot oppose the advertising (article 86). But also the ' internal ' secret is restricted. The investigation is provided access to the record to the accused, the wizard and the offended, except the chances of prejudice to the investigation or to the rights of the participants or the victims. Also in this case, it is up to the judge of criminal instruction the last word in the case of the Prosecutor does not give access to the record. The time limits of the investigation ended, the defendant, the wizard and the offended can refer to all elements of the process, unless the coroner to determine, in the interest of the investigation, a delay by maximum extendable of 3 months (article 89). After the expiry of the maximum periods of investigation or 3 months extension of the period of validity of the secret of Justice, magistrate holder of the process informs the immediate hierarchical superior to violating the time limit, the reasons that explain and the time required to complete the survey. The superior can challenge the process and always gives to the Prosecutor-General and procedural subjects that the deadline has been exceeded and which is the period necessary to complete the survey. For your part, the Attorney General of the Republic may decide by procedural acceleration, of its own motion or at the request of the defendant or of the Wizard (article 276.º). Finally, to dispel doubts about the subjective scope of secrecy of Justice, introduces an amendment to clarify that are subject to secret wants people



4 who have contact with the process and the people who have knowledge of the elements he owned. The cast of elements and procedural steps that the media cannot publish, under penalty of simple disobedience, now includes the publication of the identity of victims of trafficking in human beings, crimes against freedom and sexual self-determination, honour or private reservation unless the victim expressly consent on disclosure of your identity, or if the crime is practiced through social media agency. This scheme is designed to protect the victim in situations where advertising can have a stigmatizing effect. On the other hand, in honor of the right to speak and to prevent the wanton, comina to eat simple disobedience penalty punishment the publication of conversations or communications intercepted in the criminal proceedings (article 88). The acts relating to the contents and processes, conflicts of jurisdiction, denials and excuses and parole are able to practice in non-working days (article 103) and the corresponding deadlines run during the holidays (article 104). For your part, the deadline to apply for the opening of the education, contest the civil claim for damages, the prosecution or the pronunciation and appeal may be extended up to a maximum of 30 days, when the procedure proves to be of exceptional complexity (article 107). With the aim of promoting the acceleration of the preliminary stages and avoid the proliferation of dialogue resources, determines that only the lack of legally binding acts raises the inadequacy of the inquiry or for the purpose statement of complaint of nullity proceedings (article 120). Consistently continues to prescribe if the irrecorribilidade of the order of concordant with the pronunciation of the Prosecutor accusation, even at the place where enjoy nullities and other previous issues or incidental, but subject to the competence of the Court of trial to exclude evidence prohibited (article 310). The witnesses are allowed to indicate, for the purposes of notification, not only your residence but also the workplace or other domicile to your choice. This scheme is essential to preserve certain witnesses – for example, service members and security forces – of any constraints and retaliation. Having regard to the provisions of paragraph 2 of article 20 of the Constitution and considering that a witness may, at any time, become defendant admits that she play accompanied by a lawyer, that reports on the Rights Watch, without intervening in the inquiry (article 132). The prediction that the accused of the same crime or crime related 5 can only testify as witnesses if that consent will cover the cases already brought forward a final decision (article 133). The right to refuse to give evidence as a witness goes on to cover the situations of coexistence in conditions similar to those of same-sex spouses (article 134). While the secret religious benefits from a special regime for being a corollary of freedom of religion and cannot be sacrificed in the name of a preponderant interest that, in the case of illegitimate invocation, there is no way to ' hearing ' representative body (as happens with regard to the obligation of professional secrecy). In relation to the breach of professional secrecy, explains the concept of predominant interest, referring to the high dependence of the statement, the seriousness of the crime and the need for legal protection of property (article 135). Clarifies that the evidence obtained, outside the cases allowed by the law and without the consent of the right holder, by meddling in private life, the home, correspondence or telecommunications may not be used. Beats is a interpretative doubt the current wording of paragraph 3 of article 126, to refer only to the nullity. In the recognition of people, considers the possibility of players being photographed and the photos be together to record, upon their consent. It is expected, on the other hand, that the recognition for photography, film or recording held under criminal investigation only worth as evidence when it is followed by on-site recognition. But here, too, admits that the images of people who have not been recognized to be together to auto through your consent (article 147). On skills about physical or psychological characteristics of people who do not consent to your fulfillment, order of the judge, since they are concerned actions relating to fundamental rights that only he can practice, by virtue of paragraph 4 of article 32 of the Constitution. The order of the judge shall consider the necessity of realization of expertise having regard to the right to personal integrity and privacy of the person concerned (article 154). Personal examinations must be performed by doctors or persons legally authorised and must not endanger the health of the person concerned. Being concerned human tissue, the tests and samples should be destroyed when they are not needed (article 156). In medico-legal and forensic skills, admits that the National Institute of Legal Medicine indicate health service in which are to be carried out, in the event of lack of specialized medical or physical conditions required.


6 Being concerned the seizure of things without value, perishable, dangerous or perishable, the judicial authority may order the sale, allocating the public or socially useful purpose, conservation measures or necessary maintenance or the immediate destruction, as the case may be (article 185). After the final transit of the sentence, the people should be returned the things seized shall be notified to the lift and, if they don't, they lose these things to the State within one year (article 186). Giving expression to the provisions of paragraph 3 of article 34 of the Constitution, the constitutional law No. 1/2001, carrying out house searches at night, among the 21 hours and the 7 hours, in cases of terrorism, especially violent or highly organized crime, consent of the person concerned and flagrante delicto for a crime punishable by imprisonment exceeding 3 years (art. 177). The authorization is given by the judge, but the public prosecution service and the criminal police authorities may take the initiative, subject to judicial validation in cases of consent and flagrante delicto. In this last hypothesis, the exemption from judicial authorization is also the constitutional revision of 2001, which made the previous jurisprudence of the Court lapse. The regime of interception and recording of conversations or communications is modified in many aspects. Confines this means of obtaining evidence to inquiry and require, expressly, request of the Prosecutor and the judge reasoned order. The list of crimes contained in article 187 § 1 are the threat to circulation of crime, abuse and danger signs and when the defendant evasion has been convicted of any of the crimes of this cast. The scope of persons who may be subject to eavesdropping is limited to suspects, accused persons, intermediaries and victims (in this case, upon the actual or presumed consent). The judicial authorization for a maximum period of 3 months, renewable. Clarifies that the knowledge of God can only be worth as evidence when they are the result of interception directed the person and in respect of crime contained in the corresponding legal casts. As regards procedure, establishes that the criminal police body to carry out the interception and recording shall, in addition, a report on the content of the conversation and your power to the discovery of truth. The criminal police body delivers the materials to the public prosecutor of 3:00 pm 15 days and this introduces them to the judge within 48 hours. The judge determines the destruction



7 supports immediately clearly strangers to the process that, Alternatively, the talks involved people not listed in the cast, the matters subject to professional secrecy, or State employee, or whose disclosure could seriously affect rights, freedoms and guarantees. In addition, the judge determines, upon request of the Prosecutor, the transcript and the joint record of discussions and communications needed to substantiate the application of coercive measures or warranty. From the termination of the investigation, the Assistant and the defendant may examine and obtain copies of the parties wishing to transcribe to join the process. Worth as evidence conversations that the Prosecutor, the accused and joining, and the Court, in obedience to the principle of research, proceed to hearing the recordings to determine the transcripts or the junction to the new transcripts. The people whose conversations or communications have been heard and transcribed can examine the technical support until the closure of the hearing. The technical support for talks or recordings that are not transcribed are stored in sealed envelope and destroyed after the final transit of the decision that terminates the process. The brackets that are not destroyed are saved after the transit in trial in sealed envelope and may only be used in the event of an extraordinary appeal. The system described is applicable to any other forms of communication, in accordance with article 189-, clarifying now covering e-mail and other forms of data transmission by telematic link even if they are stored in digital form. Also required, expressly, that there is order of the judge to obtain and join the record data about the cell location or communications traffic, restricting such evidence the crimes and persons referred to under the scheme of the bugs (article 189-). However, it is assumed that the mobile location data are obtained, within the context of precautionary measures and, to ward off a danger to the life or physical integrity is serious offense. Exclusively on this hypothesis, the data can be requested by any judicial authority or criminal police, which will always have to communicate such a request to a judge within 48 hours. In terms of enforcement measures and asset guarantee general changes are introduced and, in particular, relating to the regime of pre-trial detention. Thus, in article 193 dedicates expressly the principle of necessity, alongside the principles of appropriateness and proportionality. Clarifies that the obligation of residence in 8 housing, entailing deprivation of liberty, only applies when less severe measures are insufficient, but continues to configure itself to preventive detention as ultima ratio of coercive measures. Welcoming the dominant understanding, prevent the examining magistrate to apply, during the investigation, coercive measure or guarantee assets graver than advocated by the dominus that procedural phase – the public prosecutor (article 194). In addition, it requires that the order of application setting out the facts on which the application is based and the facts that are charged to the accused, as well as your legal classification and their evidence. In line with the case law of the Constitutional Court, who admits, in this domain, a consideration of conflicting interests, the communication of the evidence is only refused when I get seriously concerned the investigation, disable the discovery of truth or create danger for the most important fundamental rights of procedural participants and victims. Apart from such caveat, the facts and elements that have not been given to the accused cannot be used to justify the measure (article 194). Retreats, on the other hand, the strictly objective oriented to the general requirement (of coercive measures) the disruption of public order and tranquillity, demanding that this disturbance is attributable to the defendant (article 202). Clarified the regime of accumulation of several coercive measures, seeking to enhance your effectiveness. The unofficial review takes place not only of 3:00 pm 3 months but also when in the process are delivered order of prosecution or pronunciation or to meet the purpose of the process and does not lead to the extinction of the measure itself (article 213). The extinction of coercive measures, for your part, becomes the immediate consequence of the inquiry and archiving of delivery of the order not pronunciation or the order to reject the indictment (article 214). The periods of pre-trial detention are reduced in accordance with balanced, to accentuate the exceptional nature of this measure without harming their precautionary purposes. However, if the defendant has already been convicted in two successive instances, the maximum amounts to half the penalty that has been fixed. Although continue to assert the principle of presumption of innocence enshrined in paragraph 2 of article 32 of the Constitution, the severity of indications that militate against the defendant justifies lifting the deadline there. To prevent pre-trial detention can perpetuate, stipulates that the time limits laid down for 9 this measure may not be exceeded when there is plurality of processes (article 215). Taking into account the specialness of probation, restricted to your application to cases of intentional crimes punishable with imprisonment exceeding 5 years. However, given the fact that some particularly serious criminal phenomena be punishable by maximum bottom, widens the catalogue of crimes, according to a qualitative criterion that covers intentional crimes of terrorism, violent or highly organized crime, punishable with imprisonment exceeding 3 years. Also provides for the application of custody in cases of serious breach of the obligation to stay at home, even if the crime matches maximum imprisonment not exceeding 5 years (more than 3). Clarified that there is no relationship of lis pendens or res judicata between the resource and the Providence of habeas corpus. Determines, that is non-actionable decision to reject the application, revoke or declare extinct coercive measures (article 219). Taking into account the jurisprudence of the Constitutional Court, it is prescribed that the decision to keep the custody or the obligation to stay in housing does not determine the adjudicate of appeal brought prior decision that there should be applied or maintained this same measure (article 213). In addition to the cases previously referred to, the right to be compensated who have suffered arrest, provisional detention or obligation to stay in housing and is not convicted of the crime or agent acted justifiably. Although the measure of deprivation of freedom have been correctly applied, it is right that the rule of law take responsibility for damages suffered by innocent defendants. Finally, it is prescribed that the Court informs the offended the date on which the release of the accused will take place when this can create danger, regime which is extensible to cases of escape and Liberation of prisoners (articles 217, 482.º and 480.º, respectively). Continues to predict that the criminal police bodies transmit the news of crime to the public prosecutor as soon as possible, but adds that this period shall not exceed ten days (article 298). Determines that the anonymous tip only when her inquiry leads to leave evidence of crime or constitute a crime in itself (for example, of defamation, calumnious denunciation or crime simulation). To make the criminal procedure, the judicial authority shall inform the holder of the right of complaint or participation of the existence of the complaint. The anonymous tip that does not



10 determine opening inquiry will be destroyed (article 246.º). Bearing in mind that detention should only be made in cases of strict necessity, she only takes place outside of flagrante delicto, when there is reason to believe that the person concerned if not would spontaneously to conduct procedural action (article 257). This principle also applies to the arrest in flagrante delicto (article 385.º), in which the defendant is not immediately presented to the judge only will continue in custody if there is reason to believe not to appear spontaneously before judicial authority – without prejudice to be released, in any case, within 48 hours, by virtue of paragraph 1 of article 28 of the Constitution. On crimes against freedom and sexual self-determination of minor becomes mandatory the collection of claims for future memory (today referred to as optional), during the investigation. In all cases of claims for future memory, ensured the contradictory in your fullness, since it is a partial trial audience anticipation. Thus, it is assumed that the subjects inquiram directly, in general terms, the witnesses (article 271.º). To clarify the hierarchical intervention scheme after archiving the investigation establishes that the archiving dispatch survey is reported by the public prosecutor to your supervisor immediately. On the other hand, it is expected that the 30-day period during which it can be determined the formulation of prosecution or continuation of investigations if account from the date on which the statement no longer can be requested. The provisional suspension of the process passes can be applied at the request of the accused or the wizard. Under the suspension, restricted the requirement of absence of criminal records by passing demanding only that there is no condemnation or provisional suspension for a crime of the same nature. Also the requirement of miniature fault is transformed in absence of forecast high fault. In domestic violence and crimes against freedom and sexual self-determination of minor aggravated by the result allows the Prosecutor to determine the archive regardless of applicable penalty, on behalf of the interests of the victim, provided that there are no, again, conviction or provisional suspension for a crime of the same nature. Through these changes aims to extend the application of this Institute and procedural consensus. To ensure the speed of the special process, determines that they do not contain instruction 11. Thus, even in the abbreviated process there is debate instrutório (article 287.º). In particular crimes, continues to give precedence to the Assistant to deduct charges, but it is prescribed if the archive in case the Prosecutor does not monitor the private prosecutor (article 285). Once the Public Ministry directed the investigation, only he can assess whether there is evidence enough to subject the defendant to trial. In the case of these indications do not exist, don't see reason to assign to the accused the burden of asking opening statement. It will be because the wizard to do so, reiterating the private prosecutor. In the context of the statement is intended to limit the interposition of dialogue to cases where they have been deprecated binding, to promote the rapid procedure (article 120). Clarifies that the decision rules irrecorribilidade concurrent with the order of the public prosecutor's accusation is without prejudice to the competence of the Court of trial to exclude evidence prohibited (article 310). The audience of trial shall be always documented, not admitting that the subjects waive any such procedural documentation, whatever the materially competent court (articles 363 and 364.º). In case of interruption, the hearing resumes from the last procedural act, even if there are more than eight days elapsed, since respect for the maximum period of thirty days specified for the delay (article 328 CCP). The statements made before a judge before the hearing in judgment can always be read when they are contradictory or inconsistent with the provided at the hearing, regardless of the degree of contradiction or discrepancy (articles 356.º and 357). In the context of the substantial change of facts, introduces the distinction between autonomizáveis and autonomizáveis not new facts, stipulating that only the first result in the opening of new proceedings (Article 359.º). This is a consequence of the principle non bis in idem and the accusatory, which require, in the case of new facts not autonomizáveis, the continuation of the process without alteration of their subject. It is expected that the change is not substantial facts or legal qualification in the resource to be given to the defendant (article 424.º). Regarding the sentence starts with a precision, which clarifies the concept of judgment (article 97) as collective decision from court, whether final or interlocutory. It is when the decision is not unanimous, each judge declare the reasons for your vote of won, without distinguishing between matters of fact and law, whether of judgment of Court of first instance whether it is judgment of 12 superior court (articles 372.º and 425.º). On the one hand, it is difficult and controversial distinction and, on the other, a restriction on the explanation of vote is difficult to reconcile with the internal dimension of the independence of the courts. Finally, it is prescribed the reopening of hearing to implement new arrangements more favourable to convict where the more favourable criminal law has not given the cessation of the execution of the sentence (article 271). This solution is preferable to the spurious use of extraordinary appeal or review to the subversion of the functional competence criteria (which would result from the attribution of competence to judge according to the new law on the Court of execution of penalties). After the rapid procedure seeks to extend the scope of the process table of contents, making it mandatory in cases of arrest in flagrante delicto for a crime punishable with imprisonment not exceeding 5 years. Apart from 3 to 5 years raising the limit, it is assumed that the holding has been carried out by anyone, since she there is granted within a maximum of 2 hours, delivery of the suspect to the judicial authority or police authority (article 381.º). It is expected that the trial hearing begins within 5 days – and not 48 hours – when the filing of one or more non-working days between the arrest and the hearing (article 387.º). Is not impaired, however, that the hearing be postponed up to a maximum of 30 days for the defendant to prepare your defense or prosecutors develop probative endeavors. The reference, which now addresses any other form of process and not just the common, is only possible in cases of inadmissibility of the case summary, inability to develop reasoned probative steps within 30 days or exceptional complexity of the procedure (article 390.º). Also with the aim of making applicable in more cases the abbreviated process, which continues to apply to crimes punishable with imprisonment not exceeding 5 years, is the concept of simple and evident evidence through the technique of the standard examples. Thus, it is considered that there are simple and evident evidence when the agent has been arrested in flagrante delicto but the trial cannot use the summary form or the proof is essentially documentary or based on face-to-face with uniform version of the witnesses. Still worth a maximum of 90 days to deduct the charge, but introduces the term of 90 days to start trial hearing (articles 391-B and 391.º-D). The process accelerated, only occasional changes are introduced, of which stands out the



13 possibility of the judge in the case to understand that the proposed sanction is guaranteed not to satisfy the purposes of punishment, fix different sanction, with the agreement of the Prosecutor and the defendant (article 397.º). Alternatively, continues to be the chance of resending, clarifying that he can achieve for another form of any process and not only to the common. The set of changes in resources assumes that the right of appeal is a guarantee of Defense, today explained in paragraph 1 of article 32 of the Constitution, and a corollary of ensuring access to the law and the courts (article 20, paragraph 1, of the Constitution), but must make a rapid design associated with the presumption of innocence and the discovery of true material. To restrict the use of second degree before the Supreme Court to cases of greater criminal deadening, replace, in article 400th, the prediction of maximum residue limits in excess of 5 and 8 years in prison for a reference concrete sentences with these measures. Prescribes that when, on appeal, not knowing the final subject matter of the procedure, no appeal shall lie to the Supreme Court. To ensure respect for equality, the appeal on the part of the sentence concerning the civil compensation even in situations where no further appeal lies to the criminal matters. The ban reformatio in pejus of is the subject of two specific modifications. Determines that the action brought only against one of the defendants does not affect the other (article 402.º) and clarifies that the possibility of escalating the threat of a penalty contemplated in paragraph 2 of article 409.º concerning the amount fixed for each day of the ticket and not the number of days in that the penalty be graduated. To harmonise the systems of ascent and effectiveness, determines that the resources whose retention would make them absolutely useless have suspensory effect of the process or of the contested decision, as appropriate. In order to prevent unnecessary procedural acts, and bearing in mind that the hearing in the Court of appeal matches the right transferred, the applicant requires your realization, specifying the points you want to see discussed (article 411.º). With the same objective, the claims are written, which experience has shown are pure repetition of motivations. In the context of motivation, to put an end to one of the main causes of delay in filing the appeal, eliminated the requirement of trial hearing transcript. The applicant may refer to the concrete evidence that impose different decision of the defendant indicating the passages of the recordings; is not obliged to carry out the respective 14 transcription (article 412.º). The ad Court who proceeds to the hearing or viewing of the passages indicated and others who may consider relevant. Going on plurality of resources on the matter of fact and law, determines that all are tried by the competent court in matters of fact (Article 414.º). Being admissible appeal per saltum to the Supreme as the right (final judgments delivered by the Court or by the Court of jury collective), expressly prohibited the appeal for the relationship (article 432.º). On the other hand, fit feature for relations of final judgments delivered by the Court of the jury as to the facts. Indeed, the solemnity of the jury does not justify, still, a conversion of the right of appeal. The view to the public prosecutor goes on to devote himself exclusively to take notice of the process where has been required hearing (article 416.º). In this case, the public prosecutor by the Court of appeal will have the opportunity to intervene in the hearing itself. A prior approval with innovative content would trigger the contradictory, dragging the process unjustifiably. The Court of appeal wrong in three levels. It will invite the rapporteur to present complete or clarify the conclusions formulated by the applicant, deciding whether to keep the effect assigned to the resource and if there is place for the renewal of the race and enjoy the feature when this should be rejected, because the extinctive or procedure exists and the question to be decided has already been appreciated before uniformly and repeated (article 417.º). The order of the rapporteur always complaint to the Conference. The Conference, for your part, is replaced by a more restricted composition, encompassing only the President, the rapporteur and a vowel, you judge the feature when the decision of the Court a quo is not final decision and when there is been required to conduct the hearing (Article 419.º). In other cases only the appeal is judged on ratings. With this distribution of powers streamlines the operation of superior courts, promoting greater involvement of judges that make up the title. In the case of referral of the case, it is assumed that the new trial be held by the Court (article 426.º). Only requires that the general scheme of impediments and the judge that there is intervened in the previous trial participate in renewal (article 40). Goes on to predict as required the resource (extraordinary) public prosecutor for the case-law, where are gathered the respective assumptions 15 (article 437.º). After a design of procedural economy, establishes that the term of 30 days for the appeal of ruling against jurisprudence fixed account from the traffic in the contested decision (article 446.º). New foundations are the extraordinary appeal of review: the discovery that served as a basis for conviction evidence prohibited; the Declaration, with General binding force, the unconstitutionality of content standard less favourable to the defendant that has constituted ratio decidendi; the existence of binding sentence of the Portuguese State, rendered by international instance which is irreconcilable with the conviction or raises grave doubts about your Justice (article – 449). The norm that prohibits new request for review by who has made previous request when the review has been denied or has been maintained the decision to review (article 475.º) is made with the jurisprudence of the Constitutional Court. Therefore, only there will be no further review if not presented a different basis. Finally, implementation of feathers that appeal under the general terms of the decision to deny or revoke the parole (articles 485.º and 486.º). It is a jurisdictional Act which focuses on a fundamental right of the condemned and still fall within the scope of the guarantee of appeal enshrined in paragraph 1 of article 31 of the Constitution.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to the code of criminal procedure articles 1, 11 to 14, 17, 19, 23, 35, 36, 38, 40, 45, 58, 61, 64, 68, 70, 75, 77, 86 to 89, 91 to 93 , 97, 101, 103, 104, 107, 120, 126, 131 to 135, 141, 143, 144, 147, 148, 154, 155, 157, 159 to 160-, 166, 172, 174 to 177, 180, 185 to 180, 193, 194, 198 to 204, 212.º the 219, 225a, 242, 243, 245 to 248, 251, 254, 257, 260.º, 269 to 273, 276.º, 278.º, 281, 282, 285 to 287.º, 289, 291.º , 296, 302, 303.º, 310 to 312, 315, 326, 328 CCP, 331.º, 334, 336, 345.º, 355.º, 359.º, 357 to 363, 364.º, 370, 372.º, 380.º, 381.º, 382.º, 385.º 16 387.º, 389.º, the 390.º, 391-to 395.º, 398, 400th, 402.º the 404.º, the 409.º, 411.º 407 to 420, the 426-423.º, 428.º, 429.º, 431.º, 432.º, 435.º, 437.º, 446.º, 465.º, 480.º, – 449, 482.º, 484.º to 488.º 494.º, 496.º, 509.º, the 517.º and 522.º of the code of criminal procedure, approved by Decree-Law No. 78/87, of 17 February and amended by Decree-Law No. 387-E/87, of 29 December, 212/89, of 30 June, and 17/91, of 10 January, by law No. 57/91 of 13 August, by Decree-Law No. 423/91 the , of 30 October, 343/93, of October 1, and 317/95 of 28 November, by paragraphs 59/98, of 25 August, 3/99, of 13 January, and 7/2000, of 27 May, by Decree-Law No. 320-C/2000, of 15 December, by paragraphs 30-E/2000, of 20 December , and 52/2003, of 22 August, and by Decree-Law No. 324/2003, of December 27, are replaced by the following: ' article 1  ...  for the purposes of this Code: a)  ... ; b)  ... ; c)  ... ; d)  ... ; and)  ... ; f)  ... ; g)  ... ; h)  ... ; I) Terrorism: the ducts that integrate the crimes of terrorist organization, terrorism and international terrorism; j) violent crime: the ducts to intentionally go against life, physical integrity or personal freedom and are punishable with maximum imprisonment of not less than 5 years; l) Violent Crime especially: the conduct provided for in (a) punishable with maximum imprisonment of not less than 8 years; m) highly organized Crime: the ducts that integrate



17 counts of racketeering, trafficking in persons, arms trafficking, trafficking in narcotic drugs or psychotropic substances, corruption, trafficking in influence or money laundering.

Article 11 [...]

1-in criminal matters, the plenum of the Supreme Court of Justice has the powers vested in it by law. 2-the President of the Supreme Court of Justice in criminal matters: a) rule on conflicts of jurisdiction between sections; b) Authorize the interception, recording and transcription of conversations or communications involving the President of the Republic, the President of the Assembly of the Republic or the Prime Minister and determine their destruction, in accordance with article 187 § to 180; c) exercise the powers conferred by law too. 3-[previous No. 2]. 4-it is for the criminal section of the Supreme Court of Justice in criminal matters: the) Judge processes by crimes committed by judges of the Supreme Court of Justice and of relations and prosecutors serving together of these courts, or equivalent; b) judge the resources that are not the responsibility of full sections; c) of applications for habeas corpus because of illegal arrest; d) Meet requests for review; and) Decide on the application for conferral of jurisdiction to another court of the same species and hierarchy, in cases of obstruction to the exercise of jurisdiction by the Court with jurisdiction; f) perform other duties assigned to it by law. 5-sections work with 3 judges. 6-it is up to the Presidents of the Chambers of the Supreme Court of 18 criminal justice in criminal matters: a) rule on conflicts of jurisdiction between relationships, between these and the courts of first instance or courts of 1st instance of different judicial districts; b) exercise the other attributions assigned by law. 7-it is up to each judge of the criminal section of the Supreme Court of Justice, in criminal matters, the jurisdictional acts relating to investigation, driving instruction, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (a)) of paragraph 3 and subparagraph (a)) of paragraph 4.

Article 12 [...]

1-in criminal matters, the House of relations has the powers vested in it by law. 2-it is the responsibility of the Presidents, relations in criminal matters: a) rule on conflicts of jurisdiction between sections; b) exercise the other attributions assigned by law. 3-it is for the criminal sections of the relationships, in criminal matters: a) Judge processes by crimes committed by judges, public prosecutors and Deputy Prosecutors; b) Judging resources; c) judge the extradition proceedings; d) Judge the processes of review and confirmation of foreign penal sentence; and Exercise the other powers assigned to it). 4-sections work with three judges. 5-competes to the Presidents of the criminal sections of the relations, in criminal matters: a) rule on conflicts of jurisdiction between courts of l. th instance of the respective judicial district; b) exercise the other attributions assigned by law. 6-it is up to each judge of the criminal sections of the relations, regarding criminal practice 19 jurisdictional acts relating to investigation, driving instruction, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (a)) of paragraph 3.

Article 13 [...]

1-it is the Court of jury to judge the processes, having the jury been requested by prosecutors, by the wizard or by the accused, respecting the crimes provided for in title III and title V, chapter I of book II of the Penal Code and Criminal law concerning violations of international humanitarian law. 2 - […]. 3 - […]. 4 - […].

Article 14 [...]

1-it is the collective Court, in criminal matters, judge the processes that should not be judged by the Court of jury, respect the crimes provided for in title III and title V, chapter I of book II of the Penal Code and Criminal law concerning violations of international humanitarian law. 2 - […].

Article 17 [...]

It is for the investigating magistrate carry out the instruction, decide how to pronunciation and exercise all judicial functions to the referral of the case to trial, in accordance with prescribed in this code.


20 article 19 [...]

1 - […]. 2-in the case of a crime to understand how element of type a person's death, is the Court in whose area the agent acted or, in case of omission, should have acted. 3-[previous No. 2]. 4-[previous paragraph 3].

Article 23 [...]

1-If a process is offended, person with the power to become Assistant or civil party a magistrate, and the process has jurisdiction the Court where the magistrate carries out functions, shall, in accordance with the rules of distribution, other court or Chamber of the Court. 2-if it is not possible to apply the provisions of the preceding paragraph, the Court in the same hierarchy or species based.

Article 35 [...]

1-the Court, as soon as you notice the conflict, raises it to the competent court to decide, in accordance with articles 11 and 12 and refer you to copy the documents and all the necessary elements to your resolution, with indication of the Prosecutor, the accused and their lawyers ' Assistant. 2-the conflict can be raised also by the public prosecutor, by the accused or by the wizard upon request directed to the competent body for resolution, containing the statement of decisions and positions in conflict, to which join the elements mentioned in the end of the preceding paragraph.


21 3-[...].

Article 36 [...]

1-the body responsible for settling the conflict sends the case back to Prosecutors and notifies the subject proceedings which have not given rise to the conflict, in all cases, claim within five days after that, and then collected the information and evidence which he considers necessary, resolves the conflict. 2-the decision on the conflict is non-actionable. 3-[previous No. 5]. 4-[previous paragraph 6].

Article 38 [...]

1 - […]. 2-is correspondingly applicable the provisions of paragraphs 1 and 3 of article 36, as well as in paragraph 3 of article 33° 3-[...]. 4 - […]. 5 - […].

Article 40 [...]

No judge may intervene in the trial, appeal or application for review concerning the process in which you have: a) Applied coercive measure provided for in articles 200th to 202; b) Chaired the debate instrutório; c) Participated in previous trial; d) Delivered or participated in decision of appeal or application for review;


22 e) Refused the case filing penalty waiver, the provisional suspension, or the sumaríssima form of the sanction proposal for disagreeing.

Article 45 [...]

1-the application for refusal and the request for excusal should be presented, together with the elements on which they are based, before: a) [...]; b) […]. 2-after you submitted the application or request referred to in the preceding paragraph, the judge endorsed practice only urgent procedural acts or required to ensure the continuity of the audience. 3-[previous No. 2]. 4-[previous paragraph 3]. 5-the Court has a period of 30 days after the delivery of the respective application or request, to decide on the refusal or the excuse. 6-the decision provided for in the preceding paragraph is non-actionable. 7-[previous No. 5].

Article 58  ...  1-Without prejudice to the provisions of the previous article, the Constitution of defendant as soon as: a) Running investigation against a particular person in respect of which there is suspicion founded the practice of crime, this statement before any judicial authority or criminal police body; b)  ... ; c)  ... ; d) is lifted auto news that gives a person as an agent of crime 23 1 and that is communicated, unless the news is manifestly unfounded. 2 - […]. 3-the Constitution of defendant made by criminal police body is communicated to the judicial authority within 10 days and by this appreciated, in order to your validation within 10 days. 4-Previous paragraph 3  . 5-the omission or breach of the formalities laid down in the preceding paragraphs implies that the statements made by the person concerned may not be used as evidence. 6-no validation of the defendant by the judicial authority shall be without prejudice to the evidence previously obtained.

Article 61 [...]

1-the defendant enjoys, in particular, at any stage of the process and saved the exceptions to the law, the rights to:) [...]; b) […]; c) Be informed of the facts imputed to him before making a public statement before any entity; d) [previous subparagraph (c))]; e) [Former subparagraph (d))]; f) [previous article)]; g) [previous subparagraph (f))]; h) [previous subparagraph (g))]; I) [previous paragraph (h))]. 2-private communication referred to in subparagraph (f)) of the previous paragraph occurs in sight when so required for security reasons, but in terms of not being heard by the surveillance officer. 3 - […].


24 Article 64 [...]


1-the Defender's assistance is required: a) during interrogations of accused detained or arrested; b) […]; (c)) In any procedural act, with the exception of the defendant, whenever the defendant is blind, deaf, dumb, illiterate, unaware of the Portuguese language, under 21 years old, or if you raise the issue of your or your disclaimer liability decreased; d) […]; e) […]; f) […]; g) […]. 2 - […]. 3 - […]. 4-in the case referred to in the preceding paragraph, the accused is informed, in order for the prosecution, that is, if convicted, to pay the fees of the lawyer, unless you are granted legal aid, and that can replace this Defender by the formation of a lawyer.

Article 68 [...]

1-Can become wizards in the criminal proceedings, in addition to the persons and entities to whom special laws confer this right:) [...]; b) […]; c) in the case of the offended die without having given up the complaint, the surviving spouse not legally separated people and goods or the person of another or of the same sex, which with the offended conditions similar to those living in spouse, descendants, ascendants and 25 adopted and adopters, or, in the absence of them, brothers and their descendants, unless any of these people there are provided in crime; d) […]; e) […]. 2-in the case of private prosecutor dependent procedure, the application takes place within 10 days after the warning referred to in paragraph 4 of article 3 246.º-[...]. 4 - […]. 5 - […].

Article 70 [...]

1 - […]. 2 - […]. 3-the wizards can be accompanied by a lawyer in the arrangements that intervene.

Article 75 [...]

1-when, in the course of the investigation, taking note of the existence of possible victims, the judicial authorities and the criminal police bodies should inform them of the possibility of deduzirem civil claim for damages in criminal proceedings and formalities to be observed. 2-Who has been informed that can deduce civil claim for damages in accordance with the preceding paragraph, or, not having been considered injured, can manifest itself in the process, until the closure of the investigation, the purpose of the make.


26 article 77 [...]

1-when presented by the Prosecutor or by the wizard, the application shall be deducted on the charge or, on request, articulated within this should be worded. 2 - […]. 3-If you have not expressed the purpose of deducing claim or if it has not been notified in accordance with the provisions of the preceding paragraph, the injured person may deduct the request until 20 days after the defendant be notified the order of prosecution or, if there is, the order of pronunciation. 4 - […]. 5 - […].

Article 86  ...  1-the criminal proceedings is, under penalty of nullity, public, subject to the exceptions provided for in the law. 2-the process is subject to secrecy of justice until the expiry of the time limit to apply for the opening of the instruction, unless prosecutors determine your advertising. 3-the Prosecutor determines the advertising process, at any time, upon request or with the agreement of the accused, when you understand that the cessation of the secret does not prejudice the investigation and the rights of procedural participants or victims. 4-in the case of the accused require advertising but the Prosecutor does not determine, the pleadings are sent to the judge, who decides, is not actionable by order, after hearing the victim, if the process continues subject to sub judice or becomes public. 5-the process continues subject to secrecy of justice until the decision has become final transit rules, if the defendant State that opposes advertising. 6-If the opening statement is required by the defendant, the 27 declaration referred to in the preceding paragraph shall be made in the respective application and if required by the wizard must be made within 10 days of notification of the order of the opening statement. 7-the defendant may revoke the Declaration referred to in paragraph 5:00 pm any time of the statement. 8-going on several defendants, the publicity of proceedings, pursuant to paragraphs 3 to 7, depends on the agreement of all. 9-the advertising process implies, as defined by law and, in particular, by the following articles: rights) assistance by the general public, the conduct of procedural actions, except the ones that take place during the investigation and instruction; b) [previous) (b) of paragraph 2]; c) [previous) (c) of paragraph 2]. 10-the previous paragraph   3. 11-the secret of Justice binds all subjects and participants of procedure, as well as people who, by any title, have taken contact with the process or knowledge of the elements he owned, and implies the prohibition of: a) Previous (a) )  paragraph 4; b) Previous (b) ) , paragraph 4. 12-the judicial authority can, however, give or permit or allow it to be given knowledge of the contents of certain persons act or document secret from justice, if that does not put in question the investigation and provided: the convenient truth clarification); or b) essential to the exercise of rights by the interested parties. 13-the previous paragraph   6. 14-Previous paragraph   7. 15-Previous paragraph   8. 16-the secret of Justice does not prevent the provision of public explanations by the judicial authority, where they are necessary to the re-establishment of 28 and not harming the investigation: a) at the request of people publicly called into question; or b) To ensure the safety of persons and property or the public tranquility.

Article 87  ...  1 - ... . 2 - ... . 3-In case of process for the crime of trafficking in persons or against freedom and sexual self-determination, procedural acts, as a rule, other than advertising. 4 - ... . 5 - ... . 6 - ...  . Article 88.  1 - ... . 2 - ... : a)  ... ; b)  ... ; c) the publication by any means, of the identity of victims of trafficking in human beings, crimes against freedom and sexual self-determination, honour or private reservation unless the victim expressly consent on disclosure of your identity, or if the crime is practiced through social media agency. 3 - ... . 4-is not allowed, under penalty of simple disobedience, the publication, by any means, of conversations or communications intercepted in a proceeding, except if they are not subject to 29 secret justice and the participants expressly consent to the publication.

Article 89  ...  1-During the investigation, the accused, the wizard, the offended, the injured and the responsible civilian may consult, upon request, the process or elements of it, as well as obtain the corresponding extracts, copies or certificates, unless the public prosecutor that is opposed by courts consider that it could harm the investigation or the procedural rights of the participants or the victims. 2-If the prosecution opposes the appointment or to obtain the particulars referred to in the preceding paragraph, the request is present to the judge, who decides by Decree is not actionable. 3-for the purposes of the preceding paragraphs, the auto or auto parts that the defendant, the wizard, the offended, the injured and the responsible civilian should have access are deposited in the registry, by photocopy and loose, without prejudice to the progress of the process, and persisting for all the duty of secrecy of Justice. 4-When, pursuant to paragraphs 1 to 3 of article 86, the process become public, the persons mentioned in paragraph 1 may request the competent judicial authority the free exam from the record out of the Secretariat, and the order that the authorize fix the period for this purpose. 5-the previous paragraph   4. 6-Ended the time limits laid down in article 276.º, the defendant, the wizard and the offended can refer to all elements of the process, unless the coroner to determine, at the request of the Prosecutor, that access to autos to be postponed for a maximum period of 3 months.

Article 91 [...]

1 - […]. 2 - […].


30 3-the oath referred to in paragraph 1 is provided before the competent judicial authority and the commitment referred to in the preceding paragraph is provided before the judicial authority or the competent criminal police authority, which previously warn who duty pay penalties that it incurs if the refuse or they miss. 4 - […]. 5 - […]. 6 - […].

Article 92 [...]

1 - […]. 2 - […]. 3-the defendant can choose, without charge for it, other than provided for in the preceding paragraph to translate conversations with your Defender. 4-the interpreter is subject to secrecy of Justice, in general terms, and cannot reveal conversations between the defendant and the your Defender, whatever stage of the process in which they occur, under threat of violation of professional secrecy. 5-cannot be used evidence obtained through violation of the provisions of paragraphs 3 and 4. 6-[previous paragraph 3]. 7-the interpreter is appointed by judicial authority or criminal police authority. 8-[previous paragraph 4].

Article 93 [...]

1 - […]. 2 - […]. 3 - […].


31 4-is correspondingly applicable to the provisions of paragraphs 3 to 5 of the preceding article.

Article 97 [...]

1-The judges ' decision-making acts take the form of: a) [...]; b) […]. 2-decision-making acts provided for in paragraph 1 shall take the form of judgments when they are delivered by a collegiate court. 3-[previous No. 2]. 4-[previous paragraph 3]. 5-[previous paragraph 4].

Article 101 [...]


1 - […]. 2-When you use estenográficos, estenotípicos or other means other than the ordinary writing, the employee who has survived of them makes the transcription in the shortest possible time, and the entity that presided over the Act ensure the conformity of the transcript, before signing. 3-write is performed, the delivery employee within 48 hours a copy to any subject that requires procedure and provide the Court with the necessary technical support. 4-estenografadas leaves and estenotipadas tapes or recorded are stored in sealed envelope to the court order, being made mention in the auto, the opening and closure of the records kept by the entity to carry out the operation. 5-The technical support referred to in the preceding paragraph are stored for a period of 2 years from the final transit of the final decision, which may be later destroyed by order of the Court.


32 article 103 [...]

1 - […]. 2-exceptions to the provisions of the preceding paragraph:) [...]; b) […]; c) acts relating to abbreviated summaries and processes; d) procedural steps relating to conflicts of jurisdiction, requirements of refusal and requests for excuse; and) The documents concerning the granting of parole, when fulfilled the part of the sentence required to your application; f) [previous subparagraph (c))]. 3-the interrogation of the accused cannot be made between the 0 and 7 hours, except in Act followed the arrest: a) in the case of subparagraph (a)) of paragraph 5 of article 174; or (b)) When the defendant requests it himself. 4-the interrogation of the accused has a maximum duration of 4 hours and can be resumed, on each day, for once, and identical period, after a minimum interval of 60 minutes. 5-Are void and cannot be used as evidence, the statements made beyond the limits laid down in paragraphs 3 and 4.

Article 104 [...]

1 - […]. 2-Run holiday deadlines relating to processes in which should practice the acts referred to in (a)) f) of paragraph 2 of the preceding article.


33 Article 107 [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-When the procedure proves to be of exceptional complexity in terms of the final part of paragraph 3 of article 215, the judge, at the request of the Prosecutor, the Assistant, the defendant or of the civil parties, may extend the time limits laid down in articles 78, 287.º, 315, and paragraphs 1 and 3 of article 411.º, up to a maximum of 30 days.

Article 120 [...]

1 - […]. 2-Are the only nobody complaint dependent, beyond that are imposed on other legal provisions:) [...]; b) […]; c) […]; d) insufficiency of inquiry or instruction, because they have not been charged legally binding acts, and the subsequent omission of stagecoaches could he considers essential to the discovery of truth. 3 - […].

Article 126  ...  1 - ... . 34 2 - ... . 3-except for the cases provided by law, shall also be null and void and may not be used evidence obtained through intrusion into private life, the home, correspondence or telecommunications without the consent of the right holder. 4 - ... . Article 131 [...]

1 - […]. 2 - […]. 3-in the case of testimony of under 18 years in crimes against freedom and sexual self-determination, can take place expertise on personality. 4 - […].

Article 132 rights and duties of witnesses 1-[...]. 2 - […]. 3-for the purpose of being notified, the witness can indicate your residence, work place or other domicile to your choice. 4-where should give evidence, although in the course of the public act prohibited the witness may be accompanied by a lawyer, that the reports, when necessary the understand Rights Watch, without intervening in the inquiry. 5-cannot follow a witness, in accordance with the provisions of the preceding paragraph, the lawyer who is defending accused in the process.


35 Article 133 [...]

1-Are prevented from testifying as witnesses:) [...]; b) […]; c) civil parties; d) experts for the skills that they have performed. 2-in the event of separation processes, the accused of the same crime or a related crime, even if already sentenced by final judgment, can only testify as witnesses if it expressly consent.

Article 134 [...]

1-Can refuse to testify as witnesses:) [...]; b) Who has been the accused's spouse or who, being of another or of the same sex, with him live or have lived in conditions similar to those of spouses in relation to facts that occurred during the marriage or cohabitation. 2 - […].

Article 135 [...]

1-the Ministers of religion or religious confession and the lawyers, doctors, journalists, members of credit institutions and other persons to whom the law permit or imposes that keep secret can opt out-whether to testify about facts he covered. 2 - […]. 3-the superior court that where the incident has been raised, or, in the case of the incident have been raised before the Supreme Court of Justice, 36 full criminal sections, may decide to provide testimony with breach of professional secrecy where this is justified, in accordance with the principle of the prevalence of major interest, particularly taking into account the high dependence of the testimonial for the discovery of truth the severity of the crime and the need for protection of legal goods. The intervention is raised by the judge, ex officio or at the request. 4-[previous No. 5]. 5-the provisions of paragraphs 3 and 4 shall not apply to secret religious.

Article 141  ...  1-the defendant arrested that shouldn't be immediately judged is questioned by the examining magistrate within a maximum of 48 hours after the arrest, as soon as you are present with the detailed statement of the reasons for the detention and of the evidence based. 2 - ... . 3 - ... . 4-Then, the judge informs the defendant: a) the rights referred to in paragraph 1 of article 61, explaining them if necessary; b) of the reasons for the detention; (c)) of the facts that you are specifically allocated, including, whenever they are known, the circumstances of time, place and mode; and (d)) of the elements of the process that indicate the facts charged, where your communication does not put into question the investigation, not hinder the discovery of truth or creating danger to the life, physical or mental integrity or freedom of procedural participants or of victims of crime; getting all the information, except those provided for in point (a)), to be included in the auto.


37 5-[...]. 6 - […].

Article 143 [...]

1 - […]. 2-the interrogation follows, on the applicable provisions concerning the first interrogation of accused judicial custody. 3 - […]. 4 - […].

Article 144 [...]

1 - […]. 2 - […]. 3-interrogations of accused under arrest are always made with the assistance of the Defender. 4-the entity conducting the interrogation of defendant in freedom informs you that you have the right to be assisted by a lawyer.

Article 147 [...]

1 - […]. 2 - […]. 3 - […]. 4-people that intervene in the process of recognition provided for in paragraph 2 are, if that consent, photographed, and the photographs together to auto. 5-the recognition for photography, film or recording under criminal investigation can only assert as evidence when it is followed by recognition 38 carried out pursuant to paragraph 2. 6-The photographs, films or recordings that relate only to persons who have not been recognized can be together to auto, by its consent. 7-the recognition that you do not comply with the provisions of this article has no value as evidence, whatever stage of the process in which occur.

Article 148 [...]

1 - […]. 2 - […]. 3-is correspondingly applicable the provisions of paragraph 7 of the previous article.

Article 154 [...]

1 - […]. 2-in the case of expertise about psychic or physical characteristics of person there is no provided consent, the order provided for in the preceding paragraph is a matter for the judge to consider the need of your achievement, taking into account the right to personal integrity and privacy of the person concerned. 3-[previous No. 2]. 4-[previous paragraph 3].

Article 155 [...]

1 - […]. 2 - […]. 3-If the technical advisor is appointed following the attainment of skill, can, except in the case referred to in point (a)) of paragraph 4 of the preceding article, take note of the report 39. 4 - […].

Article 156 [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 5-The skills referred to in paragraph 2 of article 154 are performed by a doctor or other person legally authorized and cannot create a hazard to the health of the person concerned. 6-in the case of analyses of blood or other bodily cells, the tests carried out and the samples taken can only be used in the ongoing process or other already established, and shall be destroyed by order of the judge, as soon as you are not required.

Article 157 [...]

1-Year forensics experts undertaking the preparation of a report which mention and describe their answers and duly substantiated conclusions. The experts may be requested clarification by the judicial authority, for the defendant, by civil parties and by technical consultants. 2 - […]. 3 - […]. 4 - […]. 5 - […].


40 Article 159 medico-legal and Forensic Expertise


1-The medico-legal and forensic skills that fall within the responsibilities of the National Institute of forensic medicine are held by delegations and by medico-legal offices. 2-exceptionally, in view of the impossibility of the services expresses expertise referred to in the preceding paragraph may be made by third parties, whether public or private, contracted or indicated for that purpose by the Office. 3-in the counties not included in the area of the delegations and the medico-legal offices in operation, the medical-legal and forensic skills can be performed by doctors hired by the Institute. 4-The medico-legal and forensic skills requested the Office for the need of specialist medical training in other areas and which cannot be carried out by the Institute or by the medico-legal offices, not that there are experts with the required training or material conditions for your achievement, can be carried out by the Institute for University or public health service or private. 5-where necessary, the medico-legal skills and forensic laboratory in nature can be carried out by third parties, whether public or private, contracted or indicated by the Institute. 6-the preceding paragraphs is matched the expertise relating to psychiatric issues, on which they can participate also specialists in psychology and Criminology. 7-psychiatric expertise can be carried out at the request of the legal representative of the accused, the spouse not legally separated from persons and property or person of another or of the same sex, which with the accused live in conditions similar to those of spouses, descendants and adopted children, ascendants and adopters, or, in the absence of them, the brothers and their descendants.


41 Article 160 [...]

1 - […]. 2-the skill must be accepted specialized services, including the services of social reintegration, or, when this is not possible or appropriate, the experts in Criminology, sociology, psychology or psychiatry. 3 - […].

Article 160 [...]

1-The skills referred to in articles 152 and 160 can be performed by third parties that for so long have been contracted by people who had to perform, since those don't have any interest in the issue or connection with the wizard or with the accused. 2 - […].

Article 166 [...]

1-If the document is written in a foreign language, is ordered, where necessary, to your translation, in accordance with paragraph 6 of article 92 2-[...]. 3 - […].

Article 172 [...]

1 - […]. 2-is correspondingly applicable the provisions of paragraph 2 of article 154 and paragraphs 5 and 6 of article 156 3-[previous No. 2].


42 article 174 [...]

1 - […]. 2 - […]. 3 - […]. 4-the order provided for in the preceding paragraph has a maximum shelf life of 30 days, under penalty of nullity. 5-Does the requirements contained in paragraph 3 the magazines and searches carried out by criminal police body where:) [previous subparagraph a) of article 4]. b) [previous) (b) of paragraph 4]. c) [previous subparagraph (c)) paragraph 4]. 6-[previous No. 5].

Article 175 [...]

1-before the magazine is delivered to the person concerned, except in the cases of paragraph 5 of the preceding article, a copy of the order that determined which does mention that may indicate, to witness the diligence, the person your trust and to report without delay. 2 - […].

Article 176 search Formalities 1-before the search, is delivered, except in the cases of paragraph 5 of article 174, whoever has the availability of the place where the stage is carried out, a copy of the order that determined which does mention that can watch the stage and do-follow or replace per person of your trust and to report without delay. 2 - […].


43 3-[...].

Article 177  ...  1 - ... . 2-between 21 and 7 hours, the raids can only be performed in cases of Terrorism or crime: a) especially violent or highly organized; b) consent of the person concerned, documented in any way; c) Flagrante delicto for a crime punishable by imprisonment exceeding your maximum in 3 years. 3-The House searches may also be ordered by prosecutors or be carried out by criminal police body: a) in the cases referred to in paragraph 5 of article 174, between the 7 and 21 hours; b) in the cases referred to in paragraph 1 (b)) and c) of the preceding paragraph, between 21 and 7 hours. 4-is correspondingly applicable the provisions of paragraph 6 of article 174 in cases where the raids are carried out by criminal police agency without consent of the person concerned and out of flagrante delicto. 5-the previous paragraph 3  . 6-the previous paragraph   4.

Article 180 [...]

1-the seizure surgery in Office of lawyer or doctor's Office is correspondingly applicable the provisions of paragraphs 5 and 6 of article 177 2-[...]. 3 - […].


44 article 185 seizure of things without value, perishable, dangerous or perishable 1-If the apprehension respecting things without value, perishable, dangerous, damageable or whose use implies loss of value or qualities, the judicial authority may order, as appropriate, to your sale or allocation to public or socially useful purpose, conservation measures or necessary maintenance or your immediate destruction. 2-unless otherwise legal, judicial authority determines what form that must obey the sale, provided for in civil procedural law. 3-the product determined in accordance with the preceding paragraph reverts to the State after the deduction of expenses incurred in the custody, conservation and sale.

Article 186 [...]

1 - […]. 2 - […]. 3-people who should be returned objects are notified to carry out your survey within 90 days, after which shall bear the resulting costs from your deposit. 4-If the persons referred to in the preceding paragraph does not carry out the withdrawal within one year from the date of notification referred to in the preceding paragraph, shall be deemed to be lost to the State. 5-[previous paragraph 3].

Article 187 §  ...  1-the interception and recording of conversations or telephone communications can only be authorised during the investigation, if there is reason to believe that the stage is essential to the discovery of 45 true or that the evidence would otherwise impossible or very difficult to obtain, by reasoned order of the judge and upon request of the Prosecutor, as the crimes : a) […]; b) […]; c) prohibited weapon and detention of arms trafficking; d) contraband; e) […]; f) threat with crime or practice of abuse and simulated danger signals; or g) Of circumvention when the defendant has been convicted of any of the crimes referred to in the above. 2-the authorization referred to in the preceding paragraph may be requested to judge of the places where eventually can bring about the conversation or telephone communication or the headquarters of the entity responsible for criminal investigation, in the case of the following crimes: a)  ... ; b) Kidnapping, abduction and hostage-taking; c) Against the cultural identity and personal integrity, provided for in title III of book II of the Penal Code, and provided for in the Criminal Law relating to violations of international humanitarian law; d)  ... ; and)   Previous f); f)   Previous) (g). 3-in the cases referred to in the preceding paragraph, the authorization is carried out within a maximum of 72 hours, to the knowledge of the judge of the case, who is practicing the jurisdictional acts. 4-interception and recording provided for in the preceding paragraphs shall only be permitted, regardless of the ownership of the means of communication used, against: a) Suspect or accused; b) person who serve as an intermediary, for which there are reasonable grounds for believing that receives or transmits messages 46 destined or proceeding from a suspect or accused; or c) victim of crime, by its consent, actual or presumed. 5-the previous paragraph 3  . 6-the interception and recording of conversations or communications are authorized by the maximum term of 3 months, renewable for periods are subject to the same limit as long as you check their eligibility requirements. 7-Without prejudice to the provisions of article 248, the recording of conversations or communications can only be used in another process, or to establish, if you have a result of interception of means of communication used by a person referred to in paragraph 4 and to the extent that is essential for proof of crime provided for in paragraph 1. 8-in the cases referred to in the preceding paragraph, the technical support of conversations or communications and the dispatches that substantiate their interceptions are together, by order of the judge, the process to be used as evidence, being taken, where necessary, copies for that purpose.

Article 188  ... 


1-the criminal police body to carry out the interception and recording referred to in the previous article plowing the corresponding self and elaborate report indicates relevant passages for proof, succinctly describes the content and explains your reach for the discovery of truth. 2 - […]. 3-the criminal police body referred to in paragraph 1 takes the knowledge of Prosecutor of 3:00 pm 15 days from the beginning of the first interception carried out in the process, the corresponding technical support, as well as the related records and reports. 4-the public prosecutor leads to the knowledge of the judge the elements referred to in the preceding paragraph within a maximum of 48 hours.


47 5-To assess the content of conversations or communications, the judge is assisted, when convenient, by criminal police body and appoints, if necessary, an interpreter. 6-Without prejudice to the provisions of paragraph 7 of the previous article, the judge determines the immediate destruction of the technical support and obviously foreign to the reporting process: a) That relate the talks don't intervene persons referred to in paragraph 4 of the preceding article; b) covering matters covered by the professional secrecy of official or State; or c) Whose disclosure could seriously affect rights, freedoms and guarantees; getting all the players linked to the duty of secrecy regarding the talks that have taken note. 7-During the investigation, the judge determines, at the request of the Prosecutor, the transcript and the joint record of discussions and communications needed to substantiate the application of coercive measures or warranty sheet, with the exception of identity and residence. 8-from the termination of the investigation, the Assistant and the defendant may examine the technical support of the conversations or communications and obtain, at your expense, a copy of the parties wishing to transcribe to join the process, as well as of the reports provided for in paragraph 1, until the expiry of the time limit to apply for the opening of the statement or present challenges, respectively. 9-can only assert as evidence conversations or communications that:) the Prosecutor send transcribe the criminal police that have made the interception and recording and display as evidence in prosecution; (b)) the defendant transcribe from the copies referred to in the preceding paragraph and attached to the application for opening of the statement or the dispute; or c) the Assistant to transcribe from the copies referred to in the preceding paragraph and join the process by the deadline to apply for the opening of 48 instruction, even if they do not resign or does not have legitimacy. 10-the Court may proceed to hearing the recordings to determine the transcripts already made or the junction to the new transcripts, whenever the need to understand the truth and good decision. 11-the people whose conversations or communications have been heard and transcribed can examine their technical support until the closure of the trial hearing. 12-The technical support relating to conversations or communications that are not transcribed to serve as evidence are kept in a sealed envelope, to the court order, and destroyed after the final transit of the decision that terminates the process. 13-After the final transit provided for in paragraph 1, the technical support that are not destroyed are kept in a sealed envelope, with the process, and can only be used in case of an extraordinary appeal.

Article 189-1 Extension-articles and 188 187 § is correspondingly apply to conversations or communications transmitted by any means other than telephone, namely technical e-mail or other forms of transmission of data via telematics, even if they are stored in digital form, and the interception of communications between present. 2-getting and junction to record data about the cell phone location records or conducting conversations or communications can only be ordered or authorized, at any appropriate stage of the proceedings, by order of the judge, as the crimes referred to in paragraph 1 of article 187 § and in relation to the persons referred to in paragraph 4 of the same article.


49 Article 180 Nullity the requirements and conditions referred to in articles 188 and 189-187 §, are established under penalty of nullity.

Article 193 principles of necessity, appropriateness and proportionality 1-measures of coercion and asset guarantee to be applied in concrete must be necessary and appropriate precautionary requirements that apply for and proportionate to the gravity of the crime and the sanctions that may be applied predictably. 2-pre-trial detention and the obligation of residence in housing can only be applied when it is proving to be inadequate or insufficient other measures of coercion. 3-when you fit the case private coercion measure of freedom in accordance with the provisions of the preceding paragraph, should be given preference to stay in housing where it proves to be enough to satisfy interim requirements. 4-Previous paragraph 3  .

Article 194  ...  1 - ... . 2-During the investigation, the judge cannot apply coercive measure or guarantee assets graver than requested by prosecutors, under penalty of nullity. 3-the application referred to in paragraph 1 is preceded by a hearing of the accused, except in cases of duly substantiated impossibility and can take place in the first judicial interrogation Act, applying to audition the provisions of paragraph 4 of article 141 50 4-the rationale of the order apply any coercive measure or guarantee assets, with the exception of identity and residence , contains, under penalty of nullity: a) the description of the facts specifically charged to the accused including, where are known, the circumstances of time, place and mode; b) the enunciation of the elements of the process that indicate the facts charged, where your communication I get seriously concerned the investigation, disable the discovery of truth or creating danger to the life, physical or mental integrity or freedom of procedural participants or of victims of crime; c legal qualification of the facts) allocated; d) the reference to the concrete facts which fulfil the conditions for application of the measure, including those laid down in articles 193 and 204 5-Without prejudice to the provisions of subparagraph (b)) of the preceding paragraph, cannot be relied upon in support of the application to the defendant of coercion or of warranty sheet, with the exception of identity and residence, any facts or elements of the process that you have not been disclosed during the hearing referred to in paragraph 3.6-without prejudice to the provisions of subparagraph (b)) of paragraph 4, the accused and the your Defender can refer to the elements of the process determining application of coercive measure or guarantee assets, with the exception of identity and residence, during questioning and the deadline for the filing of appeal. 7-the order referred to in paragraph 1, with the warning of the consequences of non-compliance with the obligations imposed, is served on the defendant. 8-in the case of pre-trial detention, the order is communicated immediately to the proponent and, whenever the defendant you wish, the parent or the person of your trust.


51 Article 198 [...]

1-[previous article body]. 2-the obligation of periodic presentation can be cumulated with any other coercive measure, with the exception of the obligation to stay in housing and of pre-trial detention.

Article 199.º suspension of the exercise of profession, activity, and function of rights 1 the crime charged is punishable by a maximum prison term of more than 2 years, the judge may impose on the defendant, cumulatively, if appropriate, with any other coercive measure, the suspension of the exercise: a) by profession, function or activity, public or private; b) [previous subparagraph (c))]. whenever the ban its exercise may be declared as effect of the crime charged. 2-When referring to public function, profession or activity whose exercise depends on a public title or an authorization or approval of a public authority, or the exercise of the rights provided for in subparagraph (b)) of the preceding paragraph, the suspension shall be notified to the administrative, civil or judicial authority normally competent to enact the suspension or disbarment.

200th article ban and impose conduct 1-if there is strong evidence of practice of felony punishable with maximum imprisonment of more than 3 years, the judge may impose on the defendant, cumulative or separately, the obligations of: a)  ... ; b)  ... ;


52 c)  ... ; d) No contact by any means, with certain people or not attend certain places or certain means; and Don't buy, don't use) or, within which it is set, delivering weapons or other objects and utensils holding, capable of facilitating the Commission of another crime; f) exposing, through prior consent, treatment of dependence that is suffering and there's favored crime practice in appropriate institution. 2 - ... . 3 - ...  . Article 201 ... 


1 consider inadequate or insufficient, in this case, the measures referred to in the preceding articles, the Court may impose on the accused the obligation not to leave or not to leave without permission, the housing or another in which currently resides, if there is strong evidence of practice of felony punishable with maximum imprisonment of more than 3 years. 2-the obligation to stay in housing may be added to the obligation not to contact, by any means, with certain people. 3-For the enforcement of the obligations referred to in the preceding paragraphs can be used technical means of remote control, pursuant to the law.

Article 202  ...  1 consider inadequate or insufficient, in this case, the measures referred to in the preceding articles, the Court may require the defendant to pre-trial detention when: 53 the) there is strong evidence of practice of intentional crime punishable by a maximum prison term of more than 5 years; b) there is strong evidence of a felony offense of terrorism, violent or highly organized crime punishable with maximum imprisonment of more than 3 years; or (c)) [previous subparagraph (b))]. 2 - ... . Article 203 [...]

1-[previous article body]. 2-the judge can impose pre-trial detention in accordance with the provisions of the preceding paragraph, when the defendant fails to comply with the obligation to stay at home, even if the crime fit maximum prison term equal to or less than 5 and greater than 3 years.

Article 204  ...  No coercive measure, except as provided for in article 196.º, may be applied in concrete if not check, at the time of application of the measure: a) [...]; b) […]; c) Danger, due to the nature and circumstances of the crime or the personality of the accused, that this continue criminal activity or disturb the public order and tranquillity.


54 Article 212.º  ...  1 - ... . 2 - ... . 3 - ... . 4-revocation and substitution provided for in this article take place ex officio or at the request of the Prosecutor or the accused, which must be heard, except in cases of duly substantiated impossibility. If, however, the judge dismiss the claim of the defendant manifestly unfounded, sentences to the payment of a sum between UC and UC 20 6.

Article 213 review of assumptions of pre-trial detention and the obligation of residence in housing 1-the judge shall ex officio review of the assumptions of pre-trial detention or the obligation to stay in housing, deciding if they are to keep or must be replaced or revoked:) within 3 months from the date of your application or the last review; and (b)) When the proceedings are delivered order of prosecution or pronunciation or decision to meet, the final, subject matter of the procedure and does not determine the extinction of the measure applied. 2-in the decision referred to in the preceding paragraph, or where necessary, the judge verifies the fundamentals of lifting time limits of pre-trial detention or the obligation to stay in housing, under the terms and for the purposes of paragraphs 2, 3 and 5 of article 215, and in paragraph 3 of article 218. 3 - ... . 4-in order to substantiate the decisions about maintenance, replacement or revocation of pre-trial detention or the obligation to stay at 55 housing, the judge, ex officio or at the request of the Prosecutor or the accused may request the preparation of expertise about the personality and social report or information of social reintegration services, since the defendant consents on your accomplishment. 5-the decision to keep the custody or the obligation to stay in housing is likely to feature in general terms, but does not determine the adjudicate of appeal brought prior decision that there should be applied or maintained the measure in question.

Article 214  ...  1-measures of coercion quenching immediately: a) archiving of the investigation; (b)) with the delivery of the order not to pronunciation; (c)) with the delivery of the order to reject the prosecution, in accordance with subparagraph (a)) of paragraph 2 of article 311; d)  ... ; and)  ... . 2-the measures of preventive detention and the obligation of residence in housing also immediately cease to exist when it is rendered enforceable judgment, even if her appeal was, if the penalty is not higher than the jail or the obligation to stay ever suffered. 3 - ... . 4 - ... . Article 215  ...  1-pre-trial detention expires when, from your home, have elapsed: the) 4 months without charge has been deducted;


56 b) 8 months without having place the statement, has been rendered decision rules; c) 1 year and 2 months without conviction at first instance; d) 1 year and 6 months without conviction with traffic. 2-the periods referred to in the preceding paragraph are high, respectively, for 6 months, 10 months, 1 year and 6 months and 2 years, in cases of terrorism, violent or highly organized crime, or when for crimes punishable with maximum imprisonment of more than 8 years, or for crimes: a)  ... ; b)  ... ; c)  ... ; d)  ... ; and) bleaching benefits of illicit origin; f)  ... ; g)  ... . 3-the periods referred to in paragraph 1 are high, respectively, for 1 year, 1 year and 4 months, 2 years and 6 months, and 3 years and 4 months, when the procedure is for one of the crimes referred to in the preceding paragraph and to be of exceptional complexity, due, in particular, the number of defendants or offended or the highly organized nature of the crime. 4-the exceptional complexity referred to in this article may only be declared in the first instance, by reasoned order, ex officio or at the request of the Prosecutor, the defendant and ears. 5-the previous paragraph   4. 6-in the case of the accused have been sentenced to imprisonment at first instance and the enforceable judgment have been confirmed on appeal, the maximum period of pre-trial detention amounts to half the penalty that has been fixed.


57 7-the existence of several cases against the accused for crimes committed before being applied to pre-trial detention does not permit exceeds the time limits laid down in the preceding paragraphs. 8-count limits of maximum pre-trial detention are included the periods in which the defendant has been under an obligation to remain in housing.

Article 216 .°  ...  the during the periods laid down in the preceding article shall be suspended in the event of illness of the defendant which requires hospitalisation, if your presence is indispensable for the continuation of the investigation.

Article 217  ...  1 - ... . 2 - ... . 3-When considering that the release of the accused could create danger for the victim, the Court informs the date on which the release will take place.

Article 218 [...]

1 - […]. 2-the measure of coercion provided for in article 200th is correspondingly applicable articles 215 and 216-3 [...].

Article 219  ...  58 1-Just the accused and the Prosecutor for the benefit of the accused may appeal the decision to apply, keep or replace measures provided for in this title. 2-there is no relationship of lis pendens or res judicata between the appeal referred to in paragraph 1 and the Providence of habeas corpus, regardless of the reasons. 3-the decision to reject the application, revoke or declare extinct the measures provided for in this title is non-actionable. 4-the feature is judged within a maximum period of 30 days from the time the record is received.

Article 225a  ...  1-Who have suffered arrest, provisional detention or obligation to stay in housing may apply, before the competent court, compensation for damages incurred when: a) the deprivation of liberty is unlawful, under paragraph 1 of article 220 of the Treaty, or of paragraph 2 of article 222.º; b) deprivation of liberty if you have due to gross error in the assessment of the assumptions of fact relied on; or (c)) it is established that the accused was not crime or agent acted justifiably. 2-in the case of paragraph 1 (b)) and c) of the preceding paragraph the obligation to indemnify shall cease if the defendant has run, by intent or negligence, for the deprivation of your freedom.

Article 242 [...]

1 - […]. 2 - […]. 3-When referring to crime whose procedure depends on complaint or private prosecutor, the complaint can only place the establishment of investigation 59 the complaint is lodged within legally provided for.

Article 243 [...]

1 - […]. 2 - […]. 3-auto news must be referred to the public prosecutor as soon as possible, which may not exceed 10 days, and it's worth as a complaint. 4 - […].

Article 245 [...]

The complaint is made to a different entity of the public prosecution service is transmitted to this at the earliest opportunity, which may not exceed 10 days.

Article 246.º form, content and kinds of complaints 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5-the anonymous tip can only determine the opening of the inquiry) evidence of practice retreat her of crime; or (b)) constitutes a crime. 6-in the cases referred to in the preceding paragraph, the judicial authority or competent criminal police body shall inform the holder of the right of complaint or participation of the existence of the complaint. 7-When the anonymous tip does not determine the opening of the investigation, the competent judicial authority promotes your destruction.



60 Article 247.º communication, registration and certificate of termination 1-the Prosecutor informs the victim of crime news, where it has reason to believe that he doesn't know her. 2-[previous No. 1]. 3-[previous No. 2].

Article 248 [...]

1-The criminal police bodies that have news of a crime, by personal experience or upon complaint, transmit it to the public prosecutor's Office at the earliest opportunity, which may not exceed 10 days. 2-applies the provisions of the preceding paragraph the crime clearly unfounded news that have been transmitted to the criminal police bodies. 3-[previous No. 2].

Article 251  ...  1-in addition to the cases provided for in paragraph 5 of article 174, the criminal police bodies can carry out without prior authorisation of the judicial authority: a)  ... ; (b)) to the magazine for people who have or wish to watch any procedural act or as suspects, should be conducted to police station, where there is reason to believe that conceal weapons or other objects with which they can practise acts of violence. 2-is correspondingly applicable the provisions of paragraph 6 of article 174 Article 61 254  ...  1-detention referred to in the following articles shall be carried out: a) [...]; b) to ensure the immediate presence or not possible, as soon as possible, but never exceed 24 hours, arrested before the judicial authority or criminal police in the procedural act. 2 - […].

Article 257 [...]

1-out of flagrante delicto, detention can only be effected by court order of judge or, in cases where pre-trial detention is admissible, the Prosecutor, when there is reasonable grounds to believe that the person concerned if not would spontaneously before judicial authority within a period to be fixed. 2 - […].

Article 260.º [...]

Is correspondingly applicable to the provisions of paragraph 2 of article 192 and paragraph 8 of article 194 article 269 [...]

1-During the investigation competes exclusively to investigating magistrate order or authorize: a) the gross weight of expertise, in accordance with paragraph 2 of article 154; b) the gross weight of examinations pursuant to paragraph 2 of article 172; c) [previous (a))];


62 d) [previous subparagraph (b))]; e) [previous subparagraph (c))]; f) [Former subparagraph (d))]. 2 - […].

Article 270.º [...]

1 - […]. 2-exceptions to the provisions of the preceding paragraph, in addition to the acts that are the exclusive competence of the examining magistrate, in accordance with articles 268 and 269, the following acts:) [...]; b) […]; c) Watch the exam likely to offend the modesty of the person, in accordance with the second part of paragraph 3 of the artigo172; d) order or authorize magazines and searches on the terms and limits of paragraphs 3 and 5 of article 174; e) […]. 3 - […]. 4-Notwithstanding the provisions of paragraph 2, in paragraph 3 of article 58, paragraph 3 of article 243 and in paragraph 1 of article 248, the delegation referred to in paragraph 1 may be made by order of general nature that indicate the types of crime or the limits of the penalties applicable to crimes under investigation.

Article 271.º [...]

1-In case of serious illness or travel abroad of a witness, which predictably stop to be heard in trial, as well as in the case of a victim of human trafficking or against freedom and sexual self-determination, the examining magistrate, at the request of the Prosecutor, the accused, the wizard or the civil parties, can proceed with your inquiry 63 during the investigation so that statement can, if necessary, be taken into account at trial. 2-in the case of proceedings for crimes against freedom and sexual self-determination of minor, always to the inquiry offended during the course of the investigation, provided that the victim is not. 3-to the public prosecutor, the accused, to advocate and to lawyers of the wizard and the civil parties are notified the day, time and place of the delivery of the statement to which may be present, being compulsory to show the Prosecutor and the Defender. 4-in the cases provided for in paragraph 2, the taking of statements is performed on casual and reserved, with a view to ensuring, in particular, the spontaneity and sincerity of the answers, and the less be assisted during the course of the procedural act by a technician specially enabled for your follow-up, previously designated for this purpose. 5-the inquiry is made by the judge, and may then the District Attorney, the lawyers of the wizard and the civil parties and the Defender, in this order, to formulate additional questions. 6-is correspondingly applicable articles 352, 356.º, 363 and 7-364.º [previous paragraph 4]. 8-the taking of statements pursuant to the preceding paragraphs shall not preclude the provision of testimony in trial hearing, whenever it is possible and not put into question the physical or mental health of the person who should pay.

Article 272 [...]

1-Running investigation against a particular person in respect of which there is suspicion founded the practice of crime is mandatory for questioning as defendant, unless it is not possible to notify it. 2 - […]. 3 - […].


64 4-[...].

Article 273 [...]

1 - […]. 2 - […]. 3-If the warrant refer to the wizard or the complainant with the College to be Assistant represented by lawyer, this is informed of the stage, wanting to be present. 4-[previous paragraph 3].

Article 276.º [...]

1 - […]. 2 - […]. 3 - […]. 4-the holder of the magistrate informs the immediate hierarchical superior process violation of any period referred to in paragraphs 1 and 2 or paragraph 6 of article 89, indicating the reasons for the delay and the time required to complete the survey. 5-in the cases referred to in the preceding paragraph, the supervisor can challenge the process and always gives to the Prosecutor-General, to the defendant and to the violation of the deadline and the time required to complete the survey. 6-Received the notification referred to in the preceding paragraph, the Prosecutor-General can determine, ex officio or at the request of the accused or of the wizard, the acceleration of procedure pursuant to article 109 Article 65 278.º [...]

1-within 20 days from the date of the opening of education already cannot be required, the immediate superior of the public prosecutor may, on your own initiative or at the request of the Assistant or the complainant with the College to form wizard, determine which is worded accusation or that investigations continue, indicating, in this case the steps to be carried out, and the deadline for your compliance. 2-the wizard and the complainant with the College to be Assistant may raise the hierarchical intervention, under the preceding paragraph within the period laid down to apply the opening statement.

Article 281 [...]

1-if the crime is punishable with imprisonment not exceeding five years or with different sanction of arrest, the Prosecutor, ex officio or at the request of the accused or of the wizard, determines, with the agreement of the examining magistrate, the suspension of the process, by the defendant of enforcement injunctions and rules of conduct, establish the following assumptions : a) […]; b) absence of previous conviction for crimes of the same nature; c) absence of previous application of provisional suspension of proceedings for crimes of the same nature; d) [previous subparagraph (c))]; and) absence of a high degree of guilt; f) [previous article)]. 2-Are opposable to the defendant, cumulative or separately, the following injunctions and rules of conduct: a) [...]; b) […];


66 c) Deliver to the State or private institutions of social solidarity certain amount or perform public service; d) Reside in a specific place; e) Attend certain programs or activities; f) [Former subparagraph (d))]; g) [previous article)]; h) [previous subparagraph (f))]; I) [previous subparagraph (g))]; j) does not attend certain associations or participate in certain meetings; l) [previous paragraph (h))]; m) [previous subparagraph (i))]. 3 - […]. 4 - […]. 5 - […]. 6-in processes for the crime of domestic violence is not compounded by the result, the public prosecutor, on request free and clear of the victim, determines the provisional suspension of the process, with the agreement of the examining magistrate and the defendant, from where the conditions of article 6(1)(b)) and c) of paragraph 1. 7-In cases of crimes against freedom and sexual self-determination of minor compounded by the result, the Prosecutor, having regard to the interests of the victim, determines the provisional suspension of the process, with the agreement of the examining magistrate and the defendant, from where the conditions of article 6(1)(b)) and c) of paragraph 1.

Article 282 [...]

1-the suspension of the process can go up to 2 years, except as provided in paragraph 5. 2 - […]. 3-If the defendant comply with the orders and rules of conduct, the 67 Public Prosecutor files the process and cannot be reopened. 4-the process proceeds and the payments made may not be repeated: a) if the defendant fails to comply with the orders and rules of conduct; or b) If, during the period of suspension of the proceedings, the defendant commits a crime of the same nature by which will be condemned. 5-in the cases referred to in paragraphs 6 and 7 of the previous article, the duration of the suspension can be up to 5 years.

Article 285 [...]


1 - […]. 2-the Public Ministry indicates, in the notification referred to in the preceding paragraph, if enough evidence were collected the crime and who were its agents. 3-[previous No. 2]. 4-[previous paragraph 3]. 5-the public prosecutor's Office decides the archiving of the investigation where, by reasoned order, does not monitor the private prosecutor, in accordance with the preceding paragraph.

Article 286.º [...]

1 - […]. 2 - […]. 3-there are no special forms of procedure statement.

Article 287.º [...]

1-the opening of the statement can be requested within 20 days of notification of the indictment or the filing:) [...];


68 b) [...]; c) by the wizard, for facts on which there is less private prosecutor, when the Prosecutor has determined the archiving of the investigation, in accordance with paragraph 5 of article 285-2 [...]. 3-in the case referred to in point (c)) of paragraph 1, the wizard can be limited, on request, to refer to the particular charge deducted. 4-[previous paragraph 3]. 5-[previous paragraph 4]. 6-[previous No. 5]. 7-the provisions of paragraph 12 of article 113 Article 289 [...]

1 - […]. 2-the public prosecutor, the accused, the Defender, the wizard and your lawyer can watch the instruction acts by any of them required and give rise to requests for clarification, or require that they be formulated the question relevant to the discovery of truth.

Article 291.º [...]

1-acts of instruction shall be carried out in the order that the judge considers more appropriate for the establishment of the truth. The judge rejecting the acts required to understand not interested to education or serve only to delay the progress of the process and practices or orders ex officio those it deems useful. 2-the order provided for in the preceding paragraph just claim, being the order that is not actionable. 3-[previous No. 2]. 4-[previous paragraph 3].


69 Article 296 [...]

The steps of test performed in Act of instruction are documented by recording or reduction to auto, being together to process applications by the prosecution and the defence at this stage, as well as any relevant documents for consideration of the cause.

Article 302 [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 5-it is permissible to carry brief replica once, but always the Defender, if you ask for the word, the last to speak.

Article 303.º [...]

1 the statement or acts of instrutório debate result non-substantial alteration of the facts described in the indictment of the Prosecutor or of the wizard, or in the application for opening of the instruction, the judge, ex officio or at the request, communicate the amendment to advocate, questioning the defendant about it whenever possible and gives you, the application period for preparation of the defence of not more than 8 days , with the consequent postponement of the debate, if necessary. 2 - […]. 3-A substantial change of the facts described in the indictment or in the application for opening of the statement cannot be taken into account by the Court to the effect of pronunciation in the ongoing process, or imply the extinction of the instance.


70 4-the substantial change of the facts to the public prosecutor shall complaint to that he proceed by new facts, if they are autonomizáveis in relation to the subject-matter of the proceedings. 5-the provisions of paragraph 1 is correspondingly applicable when the judge change the legal classification of the facts described in the indictment or in the application for the opening of the statement.

Article 310 [...]

1-the decision rules that the defendant by the facts contained in the indictment from the Prosecutor's Office, formulated in accordance with article 283.º or paragraph 4 of article 285, is non-actionable, even at the place where enjoy nullities and other previous issues or incidental, and determines the immediate referral of the case back to the Court for trial. 2-the provisions of the preceding paragraph shall not prejudice the competence of the Court of trial to exclude evidence. 3-[previous No. 2].

Article 311 [...]

1 - […]. 2-If the process has been referred to trial without having been instruction, the President dispatches towards: a) [...]; b) do not accept the accusation of the wizard or the public prosecutor in that it represents a substantial change of the facts, in accordance with paragraph 1 of article 284.º and paragraph 4 of article 285, respectively. 3 - […].


71 article 312 [...]

1 - […]. 2 - […]. 3 - […]. 4-the Court shall set the date of the hearing in order to avoid overlap with other legal acts that the lawyers or defenders have the obligation to attend, by applying the provisions of article 155 of the code of Civil procedure.

Article 315 [...]

1-the defendant, in 20 days from the date of notification of the order designating a day for the hearing, presents, wanting, challenges, accompanied by the witness list. Shall apply the provisions of paragraph 12 of article 113 2-[...]. 3 - […]. 4 - […].

Article 326 [...]

If the lawyers or defenders, in their claims or requirements: a) [...]; b) […]; c) […]; d) […]. are warned with urbanity by the President of the Court; and if, after warning, continue, could that remove the word, being applicable in this case the provisions of the law of civil procedure.


72 Article 328(1) [...]

1 - […]. 2 - […]. 3-the postponement of the hearing is only admissible, without prejudice to the other cases provided for in this code, when not a single break enough to remove the obstacle: a) Miss or be unable to participate in person which cannot be immediately replaced and whose presence is indispensable by virtue of law or order of the Court, except where other people are present , in which case your inquiry or hearing shall, even if it involves the changing order of production of proof referred to in article 341.º; b) […]; c) […]; d) […]. 4-In case of interruption or delay your hearing, the hearing resumes from the last act of procedure practiced in the audience interrupted or postponed. 5-the interruption and delay always reasoned dispatch depend of the President that is notified to all subjects. 6 - […]. 7 - […].

Article 331.º [...]

1 - […]. 2-If the President, ex officio or at the request, decide by order, that the presence of any of the persons mentioned in the preceding paragraph is essential to good decision of the case and would not be expected to obtain your attendance with the mere interruption of the hearing, are reporting 73 witnesses and heard the Assistant, experts or technical consultants or civil parties present , even if it involves the changing order of production of proof referred to in article 341.º-3 [...]. 4 - […].

Article 334 [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-[previous paragraph 7].

Article 336 [...]

1 - […]. 2-as soon as you present or is arrested, the accused is subject to term of identity and residence, without prejudice to other coercive measures, in accordance with the provisions of paragraphs 2, 4 and 5 of article 58 3-[...].

Article 345.º [...]

1 - […]. 2 - […]. 3 - […]. 4-may not be worth as evidence statements of a co-defendant in prejudice to another co-defendant when the declarant refuses to respond to questions under paragraphs 1 and 2.


74 Article 355.º [...]

1 - […]. 2-Does-if the provisions of the preceding paragraph the evidence contained in procedural acts whose reading, viewing or listening audience are permitted, in accordance with the following articles.

Article 356.º [...]

1 - […]. 2 - […]. 3-it is also allowed to read statements previously provided before the judge: a) [...]; b) when there is, between them and the ones made in the hearing, contradictions or discrepancies. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8-the viewing or listening of recordings of procedural acts is allowed only when the is reading the respective auto pursuant to the preceding paragraphs. 9-the permission of a reading, viewing or listening to your legal justification shall be included in the minutes, under penalty of nullity.

Article 357 [...]

1-the reading of statements previously made by the defendant is only allowed:) [...];


75 b) When, having been made before the judge, there are contradictions or discrepancies between them and the ones made in the hearing. 2-is correspondingly applicable the provisions of paragraphs 7 to 9 of the previous article.

Article 359.º [...]

1-A substantial change of the facts described in the indictment or in the pronunciation cannot be taken into account by the Court for the purpose of sentencing in the ongoing process, or imply the extinction of the instance. 2-the substantial change of the facts to the public prosecutor shall complaint to that he proceed by new facts, if they are autonomizáveis in relation to the subject-matter of the proceedings. 3-[previous No. 2]. 4-[previous paragraph 3].

Article 363 .° documentation of oral statements The statements made orally at the hearing are always documented in the minutes, under penalty of nullity.

Article 364 .° 1-documentation Form documenting statements made orally at the hearing is made, as a rule, through magnetofónica or audiovisual recording, without prejudice to the use of means estenográficos or estenotípicos, or other suitable technical means to ensure the integral reproduction of those. Is correspondingly applicable the provisions.

the 2 and 3 of article 101° 2-When there is any magnetofónica or audiovisual recording, must be recorded in the minutes the beginning and end of the recording of each statement.


76 Article 370 [...]

1 - […]. 2-Regardless of request, social reintegration services can send to the Court, when the defendant the advise, the social report or update. 3 - […]. 4 - […].

Article 372.º [...]

1 - […]. 2-then the sentence is signed by all the judges and jurors and, if some of the judges signing won, accurately statement declares your vote. 3 - […]. 4 - […]. 5 - […].

Article 380.º [...]

1 - […]. 2 - […]. 3-the preceding paragraphs is correspondingly applicable to other decision-making acts provided for in article 97 Article 381.º [...]

1-Are judged in summary process those arrested in flagrante delicto, in accordance with articles 77 255 and 256, for crimes punishable by prison sentence whose upper limit does not exceed 5 years, even in the event of infringements:) When the arrest has granted any judicial authority or police authority; or (b)) When the arrest has been made by someone else and, within a period not exceeding 2 hours, the detainee has been handed over to one of the entities referred to in the preceding sub-paragraph, worded auto contents delivery. 2-Are still tried in summary proceedings, in accordance with the provisions of the preceding paragraph, those arrested in flagrante delicto for crimes punishable with imprisonment of a maximum of more than 5 years, even in the case of offences when the Prosecutor in the indictment, understand that should not be applied, in particular, imprisonment of more than 5 years.

Article 382.º [...]

1-the legal authority, if not the public prosecutor's Office, or the police authority that have granted arrest or who have been made the delivery of the detained are in, immediately or as soon as possible, to the public prosecutor at the court competent for the trial. 2-the Prosecutor, after interrogating the accused summarily, submit it immediately, or as soon as possible, the competent court for the trial. 3-If you have reason to believe that the audience of trial cannot start within 48 hours after the arrest, prosecutors release immediately the defendant, subject, if appropriate, the statement of identity and residence, or submit it to the judge for the purposes of application of coercive measure or guarantee.


Article 78 the accused's Release 385.º 1 the presentation to the judge has not place in action followed the arrest in flagrante delicto, the only defendant still in custody if there is reason to believe that will not spontaneously before the judicial authority within which it is set. 2-In any case, the accused is immediately released when that cannot be presented to a judge within 48 hours. 3-in the case of release pursuant to the preceding paragraphs, the criminal police body subject the defendant to a term of identity and residence and notifies him to appear before the public prosecutor, the day and time designated to be submitted: a) the audience of trial in summary process, with the warning that this will take place, even if they do not attend , being represented by advocate; or (b)) the first judicial interrogation and possible application of coercive measure or guarantee.

386.º general principles article 1-the trial judgment in summary proceedings shall be governed by the provisions of this code relating to trial by court, with the modifications set out in this title. 2-acts and terms of trial are kept to the minimum indispensable knowledge and good decision.

Article 387.º 1 Audience-the beginning of the trial hearing in summary process takes place within a maximum of 48 hours after the arrest. 2-the beginning of the hearing may be postponed: 79 a) up to a maximum of 5 days after the arrest, when the filing of one or more non-working days within the period laid down in the preceding paragraph; b) up to a maximum of 30 days, if the defendant requests such a period for preparation of your defense or whether the Court, ex officio or at the request of the public prosecutor deems it necessary for any due diligence essential evidence the discovery of truth. 3-If the hearing is adjourned, the judge warns the defendant that this will take place on the date designated, even if you don't attend, being represented by a defender. 4-If missing witnesses that the prosecution, the wizard or the defendant does not withdraw, the hearing is not delayed, and surveyed the witnesses present in the order indicated in paragraph 1 (b)) and c) of article 341.º, without prejudice to the possibility of changing the list presented.

Article 389.º [...]

1 - […]. 2-[previous paragraph 3]. 3-[previous paragraph 4]. 4-[previous No. 5]. 5-[previous paragraph 6]. 6-[previous paragraph 7].

Article 390.º referral to another way to process the Court refers the case back to the Prosecutor for proceedings in another form of procedure when: a) if accepted, in the case of summary proceedings; (b)) could not, for duly justified reasons, take place within a maximum period referred to in article 387.º, the diligence of 80 proof necessary for the discovery of truth; or c) the procedure to be of exceptional complexity, due, in particular, the number of defendants or offended or the highly organized nature of the crime.

Article 391.º [...]

1-in the case of a crime punishable with the penalty of fine or with imprisonment not exceeding 5 years, with simple and evident evidence resulting in enough to have checked the crime and who was your agent, the Prosecutor, in the face of auto news or after conducting investigation summary, deducts charges for trial in abbreviated process. 2-Are still judged in abbreviated process, in accordance with the provisions of the preceding paragraph, the crimes punishable with imprisonment of a maximum of more than 5 years, even in the case of offences when the Prosecutor in the indictment, understand that should not be applied, in particular, imprisonment of more than 5 years. 3-[previous No. 2]. 4-for the purposes of paragraph 1, it is considered that there are simple and evident evidence when, namely: a) the agent has been arrested in flagrante delicto and the trial cannot take place in the form of summary procedure; b) is essentially documentary proof and can be collected within the time limit laid down for the deduction of the charge; or c) proof based on face-to-face with uniform version of the witnesses.

Article 391.º-B Charge, filing and suspension of the process 1-[...]. 2-the charge is deducted within 90 days of the date of acquisition of the 81): news of crime, pursuant to article 241, in the case of public crime; or b) Presentation of a report, in all other cases. 3-[previous No. 2]. 4-is correspondingly applicable in abbreviated proceedings pursuant to articles 280 to 282 Article 391.º-C 1-process Sanitation Received the record, the judge knows the issues referred to in article 311 2-If not to reject the prosecution, the judge shall appoint a day for the hearing, with precedence over the trials in common process, without prejudice to the priority to give to urgent cases.

Article 391.º-D Hearing the trial hearing in abbreviated process starts within 90 days after the deduction of charges.

Article 391.º-E [...]

1 - […]. 2-[previous paragraph 3]. 3-the sentence is soon given verbally and dictated to the minutes.

Article 392.º [...]

1-in the case of a crime punishable with imprisonment not exceeding 5 years or a fine penalty, the Prosecutor, at the initiative of the accused or 82 after having heard and when understand that the case must be concretely applied penalty or security measure not custodial, requires the Court to the application takes place in the process accelerated. 2 - […].

Article 393.º [...]

Is not allowed, in accelerated process, the intervention of civil parties, without prejudice to the possible application of article 82-.

Article 394 [...]

1 - […]. 2-the application terminates with the precise indication by prosecutors: a) the sanctions specifically proposals; (b)) of the exact amount to be allocated by way of repair, in accordance with article 82-A, when it should be applied.

Article 395.º [...]

1-the judge rejects the request and sends the case back to another so that it fits: the) when it is legally inadmissible the procedure; b) When the application is manifestly unfounded pursuant to article 311, paragraph 3; c) When the sanction proposal is clearly guaranteed not to perform properly and the purposes of punishment. 2-in the case referred to in point (c)) of the preceding paragraph, the judge may, in 83 alternative to remit the case to another shape, fix different sanction on your species or the proposal of the public prosecutor, with the approval of this and of the accused. 3-If the judge refer the case back to another way, the request of the public prosecutions equates, in all cases, the charge. 4 - […].

Article 398 [...]


1-If the accused objecting, the judge orders the return of the case to another so that you fit, equivalent to the charge, in all cases, the application of the public prosecution service formulated under article 2 394-ordered the reference, the accused is notified of the indictment, as well as to require, in the case of the process follow the common form, opening statement.

Article 400 [...]

1-it is not permissible: resource) [...]; b) […]; c) Of judgments, on appeal, by the relationships that don't know, the end, the object of the process; d) absolutórios judgments delivered, on appeal, by the relations, confirming the decision of first instance; and) Of judgments, on appeal, by the relations, which apply penalty of fine or imprisonment not exceeding 5 years; f) rulings condemning talks, on appeal, by the relations, confirming the decision of first instance and apply imprisonment not exceeding 8 years; g) […].


84 2-[...]. 3-even if it's not admissible appeal regarding criminal matters, an appeal may be lodged on the part of the sentence concerning the civil compensation.

Article 402. [...]

1 - […]. 2 - […]. 3-the action brought only against one of the defendants, in cases of reimbursement, shall not affect the other.

Article 403.º [...]

1 - […]. 2-for the purposes of the preceding paragraph, is autonomous, in particular, the part of the decision which refer to: a) criminal matters; b) civil matters; c) [previous subparagraph (b))]; d) [previous subparagraph (c))]; e) [Former subparagraph (d))]; f) [previous article)]; 3 - […].

Article 404 [...]

1 - […]. 2-the appeal is lodged within 20 days, counted of the date of the notification referred to in paragraphs 6 and 7 of article 3 thereof-411 [...].


85 Article 407 [...]

1-go up immediately the resources whose retention would make them absolutely useless. 2-Also rise immediately appeal lodged:) [previous) (a) of paragraph 1]; b) [previous) (b) of paragraph 1]; c) [previous) (c) of paragraph 1]; d) [previous subparagraph d) of paragraph 1]; e) [previous article) of paragraph 1]; f) [previous) point (f) of paragraph 1]; g) [previous) (g) of paragraph 1]; h) [previous) (h) of paragraph 1]; I) [previous) paragraph (i) of paragraph 1]; j) [previous) point (j) of paragraph 1]. 3 - […].

Article 408 [...]

1 - […]. 2 - […]. 3-The resources provided for in paragraph 1 of the preceding article have suspensive effect when their process depend on the validity or effectiveness of subsequent acts, suspending the contested decision in other cases.

Article 409 [...]

1 - […]. 2-the prohibition in paragraph 1 shall not apply to the aggravation of the amount fixed for each day of fine, if the economic and financial situation of the accused has meanwhile improved so sensitive.


86 Article 411.º [...]

1-the deadline for appeals is 20 days and include: a) from the notification of the decision; b) in the case of a judgment, the filing at the registry; c) in the case of oral decision reproduced in minutes, from the date on which it was given, if the person concerned is or will be assumed this duty. 2 - […]. 3-the application of appeals is always motivated, under penalty of non-admission of the appeal, and the motivation, in the case of action brought by statement on acta, be submitted within 20 days, counted of the date of filing. 4-If the feature has as its object the review of recorded evidence, the deadlines set in paragraphs 1 and 3 are high for 30 days. 5-at the request of appeal the applicant may request that the hearing, specifying the points of motivation of the resource that you want to see discussed. 6-the application for filing or motivation are notified ex officio other procedural subjects affected by the appeal, and shall be delivered to the number of copies required. 7-the application of appeal affecting the defendant tried in absence, or motivation, prior to notification of the sentence, are notified that when it is notified, pursuant to paragraph 5 of article 333 .° Article 412 [...]

1 - […]. 2-Law On findings indicate:) [...];


87 b) [...]; c) […]. 3-When contests the decision about a matter of fact, the applicant must specify: a) the concretes that points it deems wrongly judged; (b)) The evidence which impose different decision concrete of the defendant; c) […]. 4-When the evidence has been recorded, the specifications referred to in paragraph 1 (b)) and c) of the preceding paragraph are made by reference to the recorded in the minutes, in accordance with the provisions of paragraph 2 of article 364, and the applicant indicate specifically the passages in which the challenge is based. 5 - […]. 6-in the case referred to in paragraph 4, the court proceeds to a hearing or viewing of the passages indicated and others consider relevant for the discovery of truth and the good decision.

Article 413 [...]

1-procedural subjects affected by the filing of the appeal may respond within 20 days from the date of the notification referred to in paragraphs 6 and 7 of article 411 .° 2-If the feature has as its object the review of recorded evidence, the time limit laid down in the preceding paragraph is high for 30 days. 3-[previous No. 2]. 4-is correspondingly applicable the provisions of paragraphs 3 to 5 of article 412.º Article 414 [...]

1-Received the answer of the subjects affected by the procedural appeals or expiry for this purpose, the judge gives order and 88 in case of admission, your effect and ascent. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7-if the feature up in autos and any defendants deprived of liberty, the Court, before the referral of the case to the higher court, orders the taking of necessary procedural parts certificate to your review. 8-going on multiple resources of the same decision, some of which focus on facts and other exclusively about law, are all judged by the competent court in matters of fact.

Article 415 [...]

1 - […]. 2-the withdrawal is made by petition or by word in the process and is judged by the rapporteur.

Article 416 [...]

1-[previous article body]. 2-If you have been hearing required pursuant to paragraph 5 of article 411.º, the view to the public prosecutor for taking knowledge of the process.

Article 417 [...]

1 - […].


89 2-[...]. 3-If the motivation of the resource does not contain conclusions or these you cannot deduct in full or in part the particulars provided for in paragraphs 2 to 5 of article 412, the Rapporteur invites the applicant to submit complete or clarify the conclusions formulated, within 10 days, under penalty of the appeal being rejected or not being known in the affected party. 4-the previous paragraph improvement allows you to modify the scope of the resource that has been fixed in motivation. 5-in the case referred to in paragraph 3, the subjects affected by the procedural appeals are notified of the filing of an addition or clarification by the applicant, and can reply to you within 10 days. 6-After preliminary examination, the rapporteur gives summary judgment where: Any circumstance prevent knowledge) of the resource; b) recourse should be rejected; c) Exist about the extinctive or procedure of criminal responsibility that put an end to the process that is the only reason of the appeal; or (d)) the issue to be decided has already been judicially assessed uniformly and reiterated. 7-When the resource cannot be tried by summary decision, decide on the preliminary examination: a) should remain the effect that was assigned to the appeal; b) If there is evidence to renew and people who should be invited.

8-complaint to the Conference of orders delivered by the rapporteur in accordance with paragraphs 6 and 7. 9-When the feature should be judged in Conference, the Rapporteur draws up a draft judgment within 15 days of the date on which the process is completion in accordance with paragraphs 1, 2 or 5. 10-the complaint referred to in paragraph 8 is assessed in conjunction with the resource, when this should be judged in Conference.


418. Article 90° [...]

1-Complete the preliminary examination, the dossier, together with the draft judgment if applicable, go to the President and Deputy judge and after the Conference, in the first session that takes place. 2 - […].

Article 419 [...]

1-the Conference involved the President of the Chamber, the rapporteur and a deputy judge. 2-the discussion is directed by the President, which, however, only votes to break the tie, when cannot form majority with the votes of the rapporteur and of the Deputy judge. 3-the feature is judged in Conference when: a) the claim has been submitted summary decision referred to in paragraph 6 of article 417.º; b) the contested decision does not meet, the final, subject matter of the procedure, in accordance with subparagraph (a)) of paragraph 1 of article 97; or c) has not been required to conduct the hearing and is not necessary for the renewal of proof under article 430.º Article 420 [...]

1-the feature is rejected where:) Is is your rejection; b) that cause that should have determined your entry in accordance with paragraph 2 of Article 414; or c) the applicant does not produce complete or clarify the conclusions formulated and this addiction affect the entire resource, in accordance with paragraph 3 of article 417.º



91 2-In case of rejection of the appeal, the decision is limited to identify the defendant, the court process and their subject and to specify briefly the grounds of the decision. 3-[previous paragraph 4].

Article 423 [...]

1 - […]. 2 - […]. 3-Then, the President gives the word, to allegations, representatives of the applicant and the defendants, each for a period of not more than 30 minutes, which may be extended in case of particular complexity. 4 - […]. 5 - […].

Article 424 [...]

1 - […]. 2 - […]. 3-If a non-substantial amendment of the facts described in the contested decision or its legal classification does not known the defendant, this is notified to, say, within 10 days.

Article 425 [...]

1-Complete the deliberation and voting, is drawn up by the rapporteur or judgment, if this has been won, by Deputy judge. 2-explanations of vote shall be admissible. 3-if it is not possible to cultivate the judgment, the President publicly fixed the date, within the 15 days following, to the publication of decision 92, after their registration in Scrapbook signed by judges. 4 - […]. 5 - […]. 6 - […]. 7-the time limit for appeal is counted as of the notification of the judgment.

Article 426.º [...]

1 - […]. 2-renvoi decreed by the Supreme Court of Justice, in the context of action brought, in second instance, judgment of the relationship is done to this Court, which admits the renewal of proof or resends the process for new trial in first instance. 3-[previous No. 2].

Article 426.º [...]

1-when it is decreed the return process, the new trial the Court that made the previous trial, without prejudice to the provisions of article 40, or, if not possible, the Court which is closest to, and category composition identical to those of the Court which delivered the contested decision. 2-When in the same region there are more than two of the same category and composition courts, the duty of the trial court that result from the distribution.

Article 428 [...]

Know relations of fact and law.


93 Article 429.º [...]

1-at the hearing involved the President of the Chamber, the rapporteur and a deputy judge. 2 - […].

Article 431.º [...]

Without prejudice to article 410.º, the decision of the Court of first instance on matters of fact can be modified: the) [...]; b) if proof has been challenged pursuant to paragraph 3 of article 412.º; or (c)) [...].

Article 432 [...]

1-Appeals to the Supreme Court of Justice:) [...]; b) […]; c) Of final judgments delivered by the Court of the jury or by the Court to apply collective imprisonment of more than 5 years, targeting only the matter of law review; d) [previous article)]. 2-in the case of subparagraph (c)) of the preceding paragraph is not permissible prior to feature the relationship, without prejudice to the provisions of paragraph 8 of Article 414 94 Article 435.º [...]

At the hearing the Court shall consist of the President of the section, by the rapporteur and by a deputy judge.

Article 437.º [...]

1-When, in the field of law, the Supreme Court of Justice judgments made by the judge who, on the same point of law, based on opposing solutions, appeal to the full criminal sections, the judgment delivered in last place. 2 - […]. 3 - […]. 4 - […]. 5-the appeal provided for in paragraphs 1 and 2 may be brought by the defendant, by the wizard or by civil parties is mandatory for the Public Ministry.

Article 446 [...]

1-it is permissible to appeal directly to the Supreme Court of Justice of any judgment given against jurisprudence for him fixed, the appeal within 30 days of the final transit of the contested decision, and accordingly the provisions of this chapter. 2-the action may be brought by the defendant, by the wizard or by civil parties is mandatory for the Public Ministry. 3 - […].


449 Article 95 [...]

1-the revision of final judgment is permissible when:) [...]; b) […]; c) […]; d) […]; and if you find out which) plea to the conviction evidence prohibited pursuant to paragraphs 1 to 3 of article 126; f) Is declared by the Constitutional Court, the unconstitutionality with General binding force of standard content less favourable to the defendant who has served Foundation to condemnation; g) A binding sentence of the Portuguese State, given by an international instance, is irreconcilable with the conviction or raise grave doubts about your justice. 2 - […]. 3 - […]. 4 - […].

Article 465.º Legitimacy for new application for review having been denied the revision or maintained the decision reviewed, there can be no new revision with the same plea.

Article 480.º  ...  1 - ... . 2 - ... . 3-When considering that the release of the prisoner can create danger for the victim, the Court informs the date on which the release will take place.


96 Article 482.º 1-Communications [previous article body]. 2-the public prosecutor informs the escape of arrested the Court, if it considers that it can result in danger to the offended, informs of occurrence.

Article 484.º [...]

1-Until 2 months before the date the conditional liberation of permissible convicted or for the grant period of adaptation to probation under staying in housing, with supervision by technical means of remote control, the prison services refer to the Court of execution of sentences: a) [...]; b) […]. 2-up to 4 months before the date the conditional liberation of permissible convicted or the granting of probation period in residence Scheme in housing, with supervision by technical means of remote control, the Court of execution of requests the services of social reintegration: the individual rehabilitation Plan); b) social Report containing an analysis of the effects of the sentence; or c) social Report containing other elements of interest to the decision on parole or the granting of probation period. 3-the application for development of individual plan of upgrading is required for: a) the decision on the procedure for the granting of probation period; b) the decision on the grant of parole with 97 scheme; c) cases of particular complexity. 4-ex officio or at the request of the Prosecutor or the convicted, the Court calls on any other reports, documents or representations that are of interest to the decision on parole.

Article 485.º [...]

1 - […]. 2 - […]. 3-the order to grant parole or accept the adaptation to probation, in addition to describing the basics of your grant, specifies its period of duration and the rules of conduct or other obligations shall be subject the beneficiary, it notified and receiving copy before his release. 4-the order denying parole or deny the adaptation to probation is served on the prisoner. 5-the order about the probation or parole adaptation is posted copy, for more expeditious means of communication, for the prison service, probation service and other institutions that the court determine. 6-the order to deny parole is likely to appeal. 7-[previous paragraph 6].

Article 486.º [...]

1 - […]. 2-the order to revoke the probation or parole adaptation is notified to the inmate. 3-the order to revoke the probation or parole is posted the copy to the director of the establishment and 98 social reintegration services. 4-the order to revoke the parole is likely to appeal.

Article 487.º [...]

1-the decision to establish compliance with the prison for free days, in semidetenção scheme or to remain in housing, with supervision by technical means of remote control, specifies the elements necessary for your implementation, indicating the date of the beginning of this. 2-the court sends immediately to prison services and social reintegration copy the sentence referred to in the preceding paragraph and shall: a) The prison services inform the Court in 10 days, the establishment in which the penalty must be accomplished, indicating him to facilitate the relocation of the condemned; b) social reintegration services inform the Court, in 48 hours, the immediate installation of the technical means of remote control. 3 - […]. 4 - […].

Article 488.º [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 5-the implementation of adaptation to probation under staying in housing, with supervision by technical means of remote control, is carried out in accordance with the law.


99 Article 494.º [...]

1-the decision to suspend the execution of the prison system of proof must contain the individual plan of social readaptation to the Court asks the probation services. 2 - […]. 3 - […].

Article 495.º [...]

1 - […]. 2-the Court by order, once collected the evidence, obtained opinion of Attorney General's Office and heard the condemned in the presence of the technician who supports and supervises the compliance with the conditions of suspension. 3 - […]. 4 - […].

Article 496.º [...]


1-If the Court decides to apply the provision of work in favour of the community asks the probation services to draw up a plan of execution. 2-social reintegration services prepare the execution plan within 30 days. 3 - […].

Article 509.º [...]

1-within 30 days after entry into the prison, the prison shall draw up technical services individual 100 enforcement relatively undetermined penalty that includes working regimens, learning, treatment and detoxification deemed suitable. For both are collected the required information from any public or private entities and used, whenever possible, the collaboration of the condemned. 2-the individual plan of execution and its modifications, required by the progress of the offender and other relevant circumstances, is subject to approval of the Court of execution of Sentences and communicated to the offender. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […].

Article 517.º [...]

The wizard is exempt from the payment of Justice in rate cases: a) in which, for reasons which the charge that there is less or you have resigned and are not attributable, the defendant is not pronounced or is acquitted; or b) of paragraph 3 of article 287.º Article 522.º [...]

1-the public prosecution service is free of charges and fines. 2 - […].»

Article 2 Amendment to the code of criminal procedure Are added to the code of criminal procedure articles 252-A, 371.º-A and 391.º-F, with 101 read as follows: «article 252-1 cellular location-the judicial authorities and the criminal police authorities may obtain cell location data when they are needed to ward off danger to the life or physical integrity is serious offense. 2-If the cell location data provided for in the preceding paragraph refer to an ongoing process, your getting must be communicated to the judge within 48 hours. 3-If the cell location data provided for in paragraph 1 does not refer to any ongoing process, the communication shall be addressed to the judge of the competent authority for criminal investigation. 4-is null to obtain the cell location data in violation of the preceding paragraphs.

Article 371.º-the opening of the hearing for retroactive application of the more favourable criminal law If, after the final transit of the conviction but before it ceased execution of the sentence, enter into force more favourable criminal law, the convict may request the reopening of the hearing to be applied to the new regime.

Article 391.º-F Recorribilidade is correspondingly applicable to the abbreviated process article 391.º.»

Article 3 Redenomination of chapter III of title III of book X 102 of the code of criminal procedure chapter III of title III of book X of the code of criminal procedure goes on to call themselves ' the running of the prison for free days and in semidetenção scheme or staying in housing».

Article 4 Appendix to Act No. 144/99 of 31 August shall be added after article 154 to Act No. 144/99 of 31 August, which approves the law on international judicial cooperation in criminal matters, as amended by law No 104/2001 of 25 August, and 48/2003, of 22 August, with the following text:% quot% article 154-the transmission and reception of complaints and complaints 1-criminal police bodies and the judicial authorities receive complaints and complaints for crimes against residents in Portugal which have been committed in the territory of another Member State of the European Union. 2-complaints and complaints received pursuant to the preceding paragraph are forwarded by the public prosecutor without delay, the competent authority of the Member State in whose territory was practiced the crime, unless the Portuguese courts have jurisdiction for the knowledge of the offence. 3-the public prosecutor receives from the competent authorities of the Member States of the European Union complaints and complaints for crimes committed on Portuguese territory against residing in another Member State, for the purposes of criminal proceedings. '

Article 5 shall be repealed: the set Standard) the Government-Decree n.° 12487, of 14 October 1926; and b 103) article 54 of Decree-Law No. 15/93, of 22 January.

Article 6 Republication is republished, in annex, which is an integral part of this law, the code of criminal procedure, with the current wording.

Article 7 entry into force this law enters into force on 1 September 2007.

Seen and approved by the Council of Ministers of 16 November 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 104 Annex I 1 CODE of CRIMINAL PROCEDURE. The urgent need for a systematic and global review of criminal procedural planning constitutes one of the most consensual topics of contemporary legal experience. Claimed by farmers of criminal procedural doctrine, eagerly awaited by the practicalities of law, the reform of criminal procedure has also persisted as a commitment invariably entered in the programs of successive constitutional Governments. Peaceful is now also convinced that only a new codification of the criminal procedural law may represent the beginning of a consistent response to the multiple challenges of enormous in this area and the Portuguese society. In fact, of any attempt to revise part of the current coding still more could not be expected that the increase in complexity and multiplication of difficulties, both in the theoretical and in the plan of implementation of the law. Started in 1929, the cycle of the previous Code of criminal procedure was characterized by an almost uninterrupted production of new legislation relating to criminal procedure: a few times with the purpose of sanction to innovations in the ciphertext itself, other to thicken the uncontrollable flow of extravagant laws already. It was, moreover, of diplomas designed in various historical horizons with different ideological and cultural density, and, therefore, paying homage to different conceptions of the world and the hereafter, the State and the citizen, of community and of the person, and people with political and criminal programs often antagonistic and centrifugal. The picture sketched worsened still with the reforms dictated and introduced by transformations initiated in 25 April 1974. All resulted in a criminal procedure wracked planning by contradictions, gaps and compromising disruption; land where the problems of identification, in the multitude of overlapping regulations, specifically applicable scheme, if numbered the emerging from the impossibility of referencing a coherent system, foreordained to a teleology clearly considered and taken.

2. Is respond to imperatives which fall within this context that the present Code of criminal procedure. For easier seizure of your spirit and its 105 purposes, and as a way to generate interest in the consensual and widespread acceptance, your mind to point out some of the principles that deliberately were erected and matrix,, legitimizer of technical solutions by which if you chose. As we should on the other hand, and sample purposes, to highlight some of these solutions, many of them innovative. First, however, be appropriate to spell out some of the coordinates that define the environment in which the Reformation had to operate and which affected, so the lines of balance and overcoming projection principles often antinómica, dictating this way often the preference for a certain technical solution among several available in principle. Distinguish, for this purpose, between exogenous and endogenous constraints: the first, derived from the increasingly intense insertion of Portugal in supranational communities and organizations and the increasingly sharp line with the rhythm of the great ideological movements, cultural, scientific, political, legal and criminal permanently shake and renew the face of the world; the second, from the national legal experience and the idiosyncrasies of our indispensable historical-cultural universe.


3. In that respect, exogenous factors has appeared the lesson in comparative law. It was, in particular, take advantage of the teachings offered by the experience of the Community countries (Spain, France, Italy, the Federal Republic of Germany) with which Portugal maintains a more extensive legal and common cultural heritage; Moreover, all countries, engaged in a process of profound renewal of procedural penal institutions. Also took care to examine the results achieved by extensive investigations undertaken in some of those countries and criminológicas on the activities of the different instances in the formal system of crime control. Without advocacy or you want a mechanical transposition of such results, truth is not to desatender the consistent political and criminal injunctions which emanate from the perspective of a system aiming to maximize and streamline your operation; bet, in other words, to remedy the high «black» figures and inequalities that they incorporate and beating maladjustments and disruption among the natural bodies and between the overall system considered and the community environment. Particularly relevant for the drafting of this code was the criminal procedural law science of the countries listed. What is easy to understand, right as is have been 106 this powerful movement of dogmatic development that were due to the progress made in the statement of the implications of the basic principles of a democratic and social rule of law on criminal proceedings to be tuned with such principles. The same doctrine should, incidentally, crediting efforts more consistent in seeking alternatives that are likely to shape more effectively, in everyday experience, those principles and the axiology last that pay homage. Was not insignificant, lastly, the influence radiating from a forum with the moral and cultural prestige of the Council of Europe, to which our country is proud to belong. It should be recalled that numerous issues of criminal procedure-notably, v. g., to the problems of pre-trial detention, the guarantees and rights of defendants, accelerated and simplified processes, procedural and legal position of the victim, the meaning and scope of the principle of opportunity, etc.-have been the subject of scientific meetings under your sponsorship and, often, recommendations or decisions of its competent bodies.

4. Among the endogenous constraints should clearly show, firstly, that relief in this code meant to criminal procedural Portuguese tradition. It was, in fact, that the pursuit of innovation and modernity if not to do with sacrifice of institutions and principles, after all, should be preserved as an autonomous way handles signals of being in the world, to make history and to create culture. Paradigmatic in this respect is what's going on with the status of victim-Wizard, which highlights us clearly in the context of comparative law and the model are now guided the reform movements in many countries, under the impetus of the latest criminológico investigations-vitimológicas. It should be noted, secondly, the Constitution and the Penal Code-two degrees, your role in the context of the Portuguese legal order, in many cases dramatically narrow spectrum of alternatives available, while in other cases have predetermined the meaning and scope of solutions to establish in criminal proceedings. Thus, the Constitution of the Republic raised, for example, to the category of fundamental rights, the principles governing the basic structure of the criminal proceedings, the limits on pre-trial detention as a measure to be decidedly subsidiary, the regularity of the evidence, the procedure quickly compatible with the guarantees of defence, 107 assistance of the Defender, the natural judge. For your part, among the constraints arising from the Criminal Code can be pointed out, first, the terms of your fidelity to the socializing and ideals that points for your time, for example, for an autonomy, at least on the time of determination and measurement procedure. Less obvious and significant are not, moreover, the implications arising from the circumstances of the Criminal Code have defined compensation, arbitrated to the victim as a result of a crime, such as the provision of a civilística nature; the contender that, for example, with the principle of a generalised arbitration existing in previous unofficial law. Was in third place, the representation-what is approximate and true wanted so as possible-of the main bottlenecks and deviations registered in the praxis of our courts and responsible for the frustration of a timely and effective justice. Such disruption were mainly diagnosed: the existence of the statement, as required for the submission of the made trial on more serious crimes; The indiscipline in terms of continuity and discipline of trial and hearing on invincible anomia of the non-observance of the periods in General; a system of resources that, for sobreinduzir if abuse was well and paradoxically as offering a second level of appeal without, at the same time, ensure a double jurisdiction on the merits; a plethora of common and special forms of procedure. Everything from rest, worsening with the widespread distrust of the citizens as to the suitability of the formal justice provided a process of removal that fed spiral and he looking for informal solutions of autotutela, desforço or vindicta, of composition and compensation.

II 5. To gain the proper perspective to the understanding of the basic structure of the underlying process template to this code, its fundamental principles and their practical solutions, we should start with a prior reference to the purposes or goals that, ultimately, it is legitimate to expect criminal proceedings within the framework of a democratic and social rule of law. Are, in fact, values and forms of this model of community organizing that define the horizon in which the code intends to register. This assumes, in accordance, the master idea according to which the prosecution has finally achieving justice in this case, 108 by procedurally admissible and to ensure legal peace for citizens. It is known, however, as these three references are worth in criminal proceedings as polarizers self-contained universes of values and principles of generators inevitably unethical implications. Away is because, from the outset, the possibility to set up a procedural system to give full satisfaction to the demands arising from each one of those three references. A fortiori must, in fact, walk away, without more, all pretension to absolutize unilaterally any of them-at the risk of opening the door to intolerable forms of tyranny or to advocate the solutions more innocuous ritualism. Possible, and also-matter the accent, is thus a procedural model foreordained to teleologies of all three practice antinómicas agreement, in the pursuit of maximizing achievable and acceptable in their implications. In the current state of knowledge, and bearing in mind the ballast of historical experience, would be idle any demonstration of Antinomies that mediate between, for example, the freedom and dignity of the accused and the search to all the trance of a fact or material between the increase of efficiency of criminal justice and the respect of the forms or procedural rites, who portray themselves as bulwarks of fundamental rights. The latest political and social transformations, and even the advancement of theoretical reflection more or less committed, have however done touch on major new lines of cleavage and conflict between the purposes of criminal proceedings. In case the triumph of modern social State, whose reflexes in criminal proceedings (socialization, conciliation, transaction, opportunity, etc.) may collide with the requirements drastically anchored in more than two centuries of statement of liberal purposes of the rule of law. Paradigm, in the second case, is the antinomy that results from the discovery of fundamental rights institutional relief, the point of the rule of law the contemporary take as their own symbolic values. What translates, v. g., on your non-waiver even in the context of criminal proceedings, to generate interest in their purposes and under the involvement of their formal guarantees. What's wrong with the prohibitions of proof-that, by obedience to the constitutional imperatives, the Code expressly enshrines-, whose towers scheme explicitly the defendant's consent and your autonomy, is perhaps more significant manifestation, but certainly not the only, this posture of the rule of law in the face of fundamental rights 109. To erect them in ' institution ' and to enforce them in a way against the own holder, is also the ' institution ' of a criminal procedure fully legitimized the modern State preserve. By reflex, and ultimately, it's your own legitimation which the State seeks to protect.


6. Are the Antinomies in the very foundations of criminal proceedings claiming an integrated regime of arbitration solutions, precludindo the possibility of a system aligned according to the dictates of a unilateral logic and absolutizada. The pressures in the direction of a more open system are accentuated, of rest, when it enters into account with two additional considerations: the first contends with the heterogeneity of the reality about what the criminal process; the second has to do with the diversity of attitude or ethos of the different structures of interaction in which analyzes the procedural drama. In other words, and at this point the formulation of some contemporary procedure scholars, you can subscribe to the entire universe of procedure in a coordinate system defined by a horizontal axis and the other vertical.

the) on the first axis, let us not forget the decisive importance of the distinction between the serious crime and little crime-one of the typical manifestations of modern societies. These are two clearly distinct realities regarding your explanation criminológica, the degree of social and collective alarm danosidade that cause. Will have to be completely different, therefore, the content of social reaction in both cases, máxime the content of the formal reaction. Nor is it by chance that the search for new forms of control of small criminality represents one of the most memorable lines of the current political debate. Specifically, it is mostly with the eyes in this specific area of crime that Phenomenology, each time with greater insistence, speaking in terms of opportunity, fun, informality, consensus quickly. Rejecting not why this code provide a moderate but definite tribute to the reasons that are behind these criminal-political suggestions. Nor will it be otherwise difficult to identify solutions or that institutes are directly. By your innovative and by your weight in the economy of the diploma, deserve special mention the possibility of provisional suspension process 110 with injunctions and rules of conduct and, above all, creating an accelerated process-special form of process control small crime in terms of efficiency and speed, without the costs of a stigma and a deepening of the conflict in the context of a formal hearing; (b)) A second axis on the boundary between what can be called consensus spaces and spaces of conflict in criminal proceedings, although largely sobreponível with the previously mentioned-in the treatment of small crime should focus on consensus solutions, while the most serious crime should, conversely, enable solutions that pass through recognition and clarify the conflict- This second distinction has stand-alone meaning.

On the one hand, abound in the criminal proceedings the situations in which the pursuit of consensus, peacemaking and the reaffirmation of standards, sway based on reconciliation, is worth as an ethical imperative legal. Eco expressions found in this code by such ideas are, among others: the emphasis on free and integral confession, which can dispense with the subsequent production of evidence; the various procedural subjects as assumption of institutes such as the temporary suspension of the process, the accelerated process, the competence of the single judge for the trial of cases relevant to the jurisdiction of the Court abstract collective, as well as the numerous provisions whose effectiveness is dependent on the acquiescence of one or more procedural actors. However, the code does not erect the unconditional value consensus. By the nature of things, here too the absolutising would only be possible at the expense of will, subalternizando to ' peace ' own life and human autonomy. Moreover, the effective control of criminality can only achieve through the formalization of real conflict. Respect to this consideration therefore deserves the code is, for example, the possibility to watch the defendant to accept or reject the withdrawal of the complaint or the private prosecutor. The same posture are, in General, all the provisions, as implications of the adversarial system, aim to perform, to the extent possible, the claimed ' equality of arms between the prosecution and the defense. The same may be said regarding the reinforcement of the consistency of the status of the Assistant, with the obvious intention to consolidate the role of one of the protagonists in the field of 111 real conflicts.

(III) 7. What is said will allow for easier identification and explanation of the salient outlines of architecture of criminal procedure provided for in this code. Three additional notes will help to highlight many aspects that print imprint to the system outlined. the) the first note has to do with the basic structure of the process. For attachment to a deliberate most striking achievements of civilizational progress and democratic by obedience to the commandment, the code really put a structure process basically libelous. However-and without the slightest compromise in which the authentic requirements of accusatory respects, sought to temper the commitment to maximizing acusatoriedade with a principle of official investigation, valid for purposes of prosecution as trial; which is, moreover, a tune with our criminal procedural legal tradition; b) Secondly, the code opted decisively for converting the investigation, carried out under the ownership and direction of the public prosecutor, in General, normal phase of preparing the decision to charge or not to charge. For your part, the statement, contradictory and endowed with a phase of oral debate-which implied abandonment of the distinction between preparatory and contradictory statement-only takes place when it is requested by the accused wishing to invalidate the decision of prosecution, or by the wizard that you want to reverse the decision not to charge. Such option filia in the conviction that this is the only way to overcome one of the biggest and most serious bottlenecks of our current criminal procedural praxis. And senior-if, on the other hand, the fact that all the procedural acts contend directly with the fundamental rights of the accused may take place if authorized by the examining magistrate and, in some cases, only by this can be carried out. It should be noted that, as a result of background option just to mention, the criminal police bodies are at the stage of investigation, placed in the functional dependence of the Public Ministry; c) innovative many titles is, thirdly, the resources provided for 112 scheme in this code. With the innovations sought a dual effect: boosting the economy in procedure of speed and efficiency and, at the same time, lend effectiveness to the guarantee contained in a double degree of jurisdiction. To achieve the first, tried to remedy to the acknowledged penchant for abuse of resources, opening the possibility of rejection all the injunction appeal by manifest groundlessness. In addition, sought to simplify the system, abolishing itself specifically the existence, by rule, a double degree of appeal. So the courts of relationship are met ultimately final decisions of a single judge and interlocutórias decisions of the Court and the jury, and the final decisions of courts be brought directly to the Supreme Court of Justice. On the other hand, is right from the first instance that starts by giving expression to the guarantee contained in the existence of a dual jurisdiction. In fact, the code confidently bet on quality of Justice held in the first instance, to which adopt the measures deemed appropriate and to assume that other-that he does not fit to edit will be enshrined in the places of their own. Between these looms ahead the separation between judges who will act as judges and those who belong to the courts. In the same framework must interpret the extension of the competence of the judges, now also the extensive law, combined with decreasing your sensitive number which should be imposed by law on the jury. In the resources, specifically lays down the code a regime akin to the idea of unitary feature, in principle similar to the relationship and to the Supreme and covering, as far as possible and appropriate, both the question of law as a matter of fact. With the same purpose of loaning to greater consistency, seeks to counteract the trend to make a purely routine labor executed on paper, converting it into a genuine knowledge of real problems and conflicts, publicized by the intervention motivated people. So are the resources the general principle-constitutionally legal tax! -libelous structure, with the consequent requirement of a hearing where the maximum of orality is respected.

8. Even in the context of a summary presentation, can only underline another of the motivations that were at the forefront of reform work: looking for



113 for greater speed and efficiency in the administration of criminal justice. Imports, however, prevent the pursuit of speed and efficiency not obeyed a logic based productivity paramente productivity. The monetization of the realization of Justice is only required on behalf of the direct meaning of efficiency for the achievement of the purposes of criminal proceedings: realization of Justice, protection of legal goods, stabilization of peace citizens ' legal standards. Efficiency is, on the one hand, the mirror of the ability of the legal system and your potential for prevention, which, well, there's a lot more to do with the readiness and the safety of criminal reactions than with your character more or less drastic. The image of efficiency is, on the other hand, the most effective antidote against the use of spontaneous and informal modes of autotutela or compensation, catalysts of conflict and violence hardly controllable. But the efficiency-reducing the black figures and the inequalities that they obey can also be the guarantee of equality of the law in action, fundamental criterion of legitimacy your material and, therefore, of your acceptance and internalization. In addition, the speed is also claimed by consideration of the defendant's own interests and should not take the credit, the fact that the Constitution, under the influence of the European Convention on human rights, have conferred the status of a genuine fundamental right. There is, therefore, to reduce to a minimum the duration of a process that always involves the compression of the legal sphere of a person that can be-and must be presumed innocent. As there will still be that prevent the dangers of a stigma and irreversible tampering identity of the defendant, which can culminate in the commitment to a career criminal. Moreover, the acceleration will mean more procedural in favor of the defendant the more she is reverse-as happens in this code-effective reinforcement of your position.

9. intuirá, as the purpose of acceleration of procedure already touched upon in some of the changes and innovations mentioned in other contexts. Beyond them, and always the sample purposes, others may be mentioned: some directly preordenadas to procedural acceleration, other showing at least one unquestioned Valencia in this sense. The benefit directly from the acceleration of procedure are no doubt: the introduction of an autonomous process acceleration incident; the new discipline as regards deadlines, with 114 cominações expected effective; the power of discipline and direction given to the judicial authorities, máxime the judge on the hearing phase of trial; the structuring of this audience and your development in terms of continuity and enhanced concentration; the simplification and de-bureaucratization of numerous procedural steps, including notifications. The same effect is expected from the judicious definition, delimitation and articulation of the competence of the various instances of the control, such as, for example, the public prosecutor and the judge, especially of the examining magistrate, thus preventing possible conflicts and mismatches, inevitably delays and delay generators. It is also the idea of acceleration in good measure shall endorse-if the substantial reduction of the process. In fact, the pair of a single form of common process (acting only the peculiarities imposed by the circumstances of the case take place before the judge, the Court or the collective jury trial), only two forms of special process: the contents and the accelerated. In this respect, the special process which will be more noticed is naturally the absentee process. The code opted decisively for escape to the drawbacks of missing traditional process, in particular with a view to discouragement of absence, favoring a drastic measures articulated set of compression of the patrimonial and unapologetic's negotiating capacity, which is expected to be sufficient and effective.

10. Finally, the status of the different subjects and procedural actors is another area where changes are, alongside less now, also. In General, they operated in three directions: in a more careful delineation; a broadening and strengthening of the powers of the organs of the various formal instances of control, in order to make feasible tasks effectively are committed, and in strengthening the legal position of the accused. The most accurate definition of skills relating to the various procedural authorities is therefore dictated by obedience to the requirements of the accusatory principle. By your side, the expansion of the means at your disposal is explained by the need to maximize efficiency and for the purpose of safeguarding the prestige of the procedural bodies in their dealings with the community, in order to a more complete performance of the obligations of cooperation in the implementation of criminal justice. This line displays the calls police precautionary measures and the measures of coercion and of equity that guarantee 115 may have recourse, in the cases and in accordance with specifically provided for, the judge, the Prosecutors and the criminal police. Recall that the Prosecutor is granted the ownership and direction of the investigation, as well as the exclusive competence for the promotion procedure: hence it is assigned, not the Statute, but the true judges, subject to the strict duty of objectivity. On redefinition of the status of the defendant starts soon for the care and a certain solemnity that surrounds your formal Constitution. On the other hand, will not be difficult to verify that the Code's regime, globally considered, round a unquestionable increase and consolidation of the procedural rights of the accused. Also here, the uncompromising respect for the accusatory principle takes the code to adopt solutions that approach an effective ' equality of arms ', as well as to estoppel of all measures to contend with the personal dignity of the accused. A last reference, in this context, the provisions relating to coercive measures-category which includes, among others, the figure of pre-trial detention. On the one hand, the code submit all these measures to the principles of legality, proportionality and necessity. On the other hand, extends its spectrum, introducing, in addition to the coercive measures already classics, new modalities, such as, for example, the obligation to remain in housing. This extension allows for greater flexibility in the choice of solutions specifically applicable, with respect for the dictates of proportionality and necessity. But, above all, the effective implementation of the constitutional principle of subsidiarity of pre-trial detention, in honor of which the code will render the category of crimes incaucionáveis.

(IV) 11. It is thought that the manner summarily described, the code that then presents itself as a critical piece of dialogue, always open and always renewed, between the liberal and the social aspect of the democratic constitutional State, between justice and efficiency in the application of criminal law between the security requirements of the community and of respect for the rights of people. If so, of the code of criminal procedure-the essential rock missing from the renovated building of our criminal law-can legitimately be expected to comply with the decisive role that 116 for the enormous task of control and mastery of criminality.

Preliminary and general provisions article 1 Definitions for the purposes of this Code: to) Crime: the set of assumptions that depends on the application to a penalty or a measure of criminal security; b) judge judicial authority, the investigating magistrate and the Prosecutor, each in respect of procedural acts that fit in your jurisdiction; c) criminal police Bodies: all entities and police officers who fit to carry out any acts ordered by a judicial authority or determined by this code; d) criminal police Authority: the directors, officers, inspectors and police investigation and all the staff officers to whom the respective laws recognise that qualification; e) Suspect: any person in respect of which there was indication that committed or is preparing to commit a crime, or who participated in or prepared to participate; f) substantial change in the facts: that which has the effect of imputing to the accused of a crime or aggravation of the different ceilings for the applicable penalties; g) social Report: information about the family and socio-professional insertion of the accused and, where appropriate, the victim, drawn up by social reintegration services, in order to assist the Court or the judge in the knowledge of the personality of the defendant, for the purposes and in the cases provided for in this Decree; h) probation services Information: response to specific requests concerning the personal situation, family, school, work or business of the defendant and, where appropriate, the victim, elaborated by social reintegration services, with the aim referred to in (a) above, for the purposes and in the cases provided for in this Decree; I) Terrorism: the ducts that integrate the crimes of terrorist organization,



117 terrorism and international terrorism; j) violent crime: the ducts to intentionally go against life, physical integrity or personal freedom and are punishable with maximum imprisonment of not less than 5 years; l) Violent Crime especially: the conduct provided for in (a) punishable with maximum imprisonment of not less than 8 years; m) highly organized Crime: the ducts that integrate racketeering crimes, human trafficking, arms trafficking, trafficking in narcotic drugs or psychotropic substances, corruption, trafficking in influence or money laundering.

Article 2 legality of sentences and the process of criminal security measures can only take place in accordance with the provisions of this code.

Article 3 subsidiary Application the provisions of this code are applicable, except in legal provision to the contrary, the criminal proceedings regulated in law.

Article 4 integration of gaps in missing cases, when the provisions of this code cannot be applied by analogy, the rules of civil procedure that harmonize with the criminal process and, in the absence of them, apply the General principles of criminal procedure.

Article 5 implementation of the criminal procedural law in time 1-criminal procedural law is of immediate application, without prejudice to the validity of the acts carried out 118 during the previous law. 2-criminal procedural law does not apply to proceedings commenced prior to your period when your immediate applicability may result: the sensitive and yet avoidable Aggravation) of the procedural situation of the accused, including a limitation of your right to defense; or (b)) Breaks the harmony and unity of the various acts of the process.

Article 6 application of criminal procedural law in space the criminal procedural law is applicable in all the Portuguese territory, as well as in foreign territory within the limits defined by the treaties, conventions and rules of international law.

Article 7 criminal proceedings 1-fill the criminal process is promoted regardless of any other and resolve all the issues that interest the decision of the case. 2-When, to know of the existence of a crime, it is necessary to judge any criminal matter which cannot be conveniently dealt with in criminal proceedings, can the Court suspend the process in order to decide this issue in court. 3-the suspension may be required, after the charge or the request for opening of the instruction, by prosecutors, by the wizard or by the defendant, or be ordered ex officio by the Court. The suspension may not, however, prejudice the realisation of urgent steps. 4-the Court marks the period of the suspension, which can be extended up to one year if the delay in the decision is not attributable to the Assistant or the defendant. The Prosecutor can always intervene in the criminal process to promote your fast progress and inform the Criminal Court. The term without that question has been resolved, or if the action has not been proposed within a month, the question is decided in the criminal proceedings.


119 part I book I of title I of the process and judge of the Court's jurisdiction, Chapter 1, article 8 Criminal Justice Administration judicial courts are the competent organs for deciding the criminal causes and apply penalties and security measures.

Article 9 Exercise of the judicial function 1-criminal judicial courts administer criminal justice according to the law and the right. 2-in the exercise of your function, the courts and other judicial authorities are entitled to be supported by all other authorities; the collaboration requested prefer any other service.

CHAPTER II jurisdiction section 1 substantive and functional article 10 provisions applicable to material and functional competence of courts in criminal matters is governed by the provisions of this code and 120, in the alternative, by the laws of judicial organization.

Article 11 jurisdiction of the Supreme Court of Justice 1-in criminal matters, the plenum of the Supreme Court of Justice has the powers vested in it by law. 2-the President of the Supreme Court of Justice in criminal matters: a) rule on conflicts of jurisdiction between sections; b) Authorize the interception, recording and transcription of conversations or communications involving the President of the Republic, the President of the Assembly of the Republic or the Prime Minister and determine their destruction, in accordance with article 187 § to 180; c) exercise the powers conferred by law too. 3-it is the middle of the criminal section of the Supreme Court of Justice in criminal matters: the) judge the President of the Republic, the President of the Assembly of the Republic and the Prime Minister for crimes committed in the performance of their duties; b) to judge the capabilities of judgments given in first instance by sections; c) Standardize the case-law, in accordance with articles 437.º and following. 4-it is for the criminal section of the Supreme Court of Justice in criminal matters: g) Judge processes by crimes committed by judges of the Supreme Court of Justice and of relations and prosecutors serving together of these courts, or equivalent; h) judge the resources that are not the responsibility of full sections; I) Meet applications for habeas corpus because of illegal arrest; j) Meet requests for review; k) Decide on the application for conferral of jurisdiction to another court of the same species and hierarchy, in cases of obstruction to the exercise of jurisdiction by the Court with jurisdiction; l) Exercise the other powers conferred by law. 5-sections work with 3 judges. 6-competes to the Presidents of the criminal section of the Supreme Court of Justice in criminal matters: 121 c) rule on conflicts of jurisdiction between relationships, between these and the courts of first instance or courts of 1st instance of different judicial districts; d) exercise the other attributions assigned by law. 7-it is up to each judge of the criminal section of the Supreme Court of Justice, in criminal matters, the jurisdictional acts relating to investigation, driving instruction, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (a)) of paragraph 3 and subparagraph (a)) of paragraph 4.

Article 12° 1-relations Competence in criminal matters, the House of relations has the powers vested in it by law. 2-it is the responsibility of the Presidents, relations in criminal matters: c) rule on conflicts of jurisdiction between sections; d) exercise the other attributions assigned by law. 3-it is for the criminal sections of the relationships, in criminal matters: f) Judge processes by crimes committed by judges, public prosecutors and Deputy Prosecutors; g) Judge resources; h) judge the extradition proceedings; I) Judge the processes of review and confirmation of foreign penal sentence; j) Exercise the other powers conferred by law. 4-sections work with 3 judges. 5-competes to the Presidents of the criminal sections of the relations, in criminal matters: c) rule on conflicts of jurisdiction between courts of l. th instance of the respective judicial district; d) exercise the other attributions assigned by law. 6-it is up to each judge of the criminal sections of the relationships, in criminal matters, the jurisdictional acts relating to investigation, driving instruction, presiding over the instrutório debate and deliver order of pronunciation or pronunciation in cases not referred to in subparagraph (a)) of paragraph 3.


122 article 13 jurisdiction of the Court of jury 1-it is the Court of jury to judge the processes, having the jury been requested by prosecutors, by the wizard or by the accused, respecting the crimes provided for in title III and title V, chapter I of book II of the Penal Code and Criminal law concerning violations of international humanitarian law. 2-it is the Court of jury to judge the processes that should not be judged by the Court and having the jury been requested by prosecutors, by the wizard or by the accused, respecting the crimes whose maximum penalty applicable in abstract, is more than eight years in prison. 3-the application of the public prosecution service and the Assistant should take place within the time limit for deduction of charges, in conjunction with this, and the defendant, within the application for opening of instruction. Going on the request of the accused, and the Assistant that no prosecution should have deduced place within eight calendar days of notification of pronunciation. 4-the application for intervention of the jury is irretractável.

Article 14 jurisdiction collective


1-it is the collective Court, in criminal matters, judge the processes that should not be judged by the Court of jury, respect the crimes provided for in title III and title V, chapter I of book II of the Penal Code and Criminal law concerning violations of international humanitarian law. 2-it is the collective Court judge the processes that should not be judged by the Court, respecting the crimes: Intentional or aggravated) 's result, when is element of type a person's death; or b) Whose maximum penalty applicable in abstract, more than five years in prison, even when, in the case of infringements, is lower than the maximum limit corresponding to each crime.


123 article 15 Determination of the penalty applicable for the purposes of articles 13 and 14, in determining the penalty applicable in abstract, are taken into account all the circumstances that might elevate the legal maximum of the penalty to be applied in the process.

Article 16 jurisdiction 1 singular-it is the unique Court, in criminal matters, judge the processes that by law do not fit in the jurisdiction of the courts of another species. 2-it is also the Court, in criminal matters, judge the processes that respect the crimes: a) provided for in chapter II of title V of book II of the Penal Code; b) Whose maximum penalty applicable in abstract term is less than or equal to five years in prison. 3-it is the singular judge court proceedings for crimes provided for in article 14, paragraph 2, point (b)), even in the case of offences when the Prosecutor in the indictment, or, on request, when incidental knowledge, understand that should not be applied, in particular imprisonment exceeding five years. 4-in the case referred to in the preceding paragraph, the Court may impose imprisonment exceeding five years.

Article 17 competence of the examining magistrate is investigating magistrate carry out the instruction, decide how to pronunciation and exercise all judicial functions to the referral of the case to trial, in accordance with prescribed in this code.


124 article 18 execution of penalties the Court jurisdiction of the Court of enforcement of penalties is regulated in law.

SECTION II jurisdiction article 19 1-General rules shall have jurisdiction of a felony the Court in whose area if you have checked the consummation. 2-in the case of a crime to understand how element of type a person's death, is the Court in whose area the agent acted or, in case of omission, should have acted. 3-to know what crime is consumed by successive or repeated acts, or by an act likely to extend in time, is the Court in whose area if you have practiced the last act or ceases the consummation. 4-If the crime has come to consummate, is competent to meet the Court in whose area if you have practiced the last act or, in the case of criminality of preparatory acts, the last act of preparation.

Article 20 Crime committed aboard ship or aircraft 1-shall have jurisdiction of crime committed aboard ship the Court of Portuguese port area where the Agent go or where he landed; and, if not directing the agent to Portuguese territory or not arriving, or part of the crew, the Court of registration area. 2-the provisions of the preceding paragraph is correspondingly applicable to crime committed on Board of aircraft. 3-To any case not provided for in the preceding paragraphs is the Court of the area where first there has been news of the crime.


125 article 21 Crime of dubious or unknown location 1-if the crime is related to different areas and there are doubts about that in which is located the relevant element for the determination of territorial jurisdiction, competent for him to meet the Court of any of the areas, preferring that where first there has been news of the crime. 2-if it is unknown the location of the relevant element, is the Court of the area where first there has been news of the crime.

Article 22 Crime committed abroad 1-if the crime is committed abroad, for he knew the Court of the area where the agent has been found or your domicile. When still the jurisdiction cannot be determined, this belongs to the Court of the area where first there has been news of the crime. 2-If the crime is committed partly abroad, for he knew the area where national court has been practiced the last relevant Act, in accordance with the foregoing provisions.

Article 23 Proceedings concerning magistrate 1 a process is offended, person with the power to become Assistant or civil party a magistrate, and the process has jurisdiction the Court where the magistrate carries out functions, shall, in accordance with the rules of distribution, other court or Chamber of the Court. 2-if it is not possible to apply the provisions of the preceding paragraph, the Court in the same hierarchy or species based.

SECTION III Competence by 126 article 24 connection connection 1-Cases For process connection when: a) the same agent has committed various crimes through the same action or omission; (b)) the same agent has committed various crimes, at the same time or place, being a cause or effect of the other, or for some the continue or conceal another; (c)) the same crime has been committed by several agents in reimbursement; d) multiple agents have committed several crimes in reimbursement, on the same occasion or place, being a cause or effect of the other, or for some the continue or conceal another; or e) multiple agents have committed various crimes to each other at the same time or place. 2-the connection only operates in relation to processes that are simultaneously in the investigation phase, or instruction.

Article 25 process Connection of competence of courts based in the same region in addition to the cases provided for in the previous article, there are still processes connection when the same agent has committed various crimes whose knowledge is of the competence of courts based in the same region, in accordance with articles 19 and following.

Article 26 Limits the connection the connection operates between processes are processes that are not within the jurisdiction of juvenile courts.


127 article 27 material and functional Competence determined by the connection if the related processes should be within the jurisdiction of different courts hierarchy or species, is responsible for all the Court of hierarchy or higher species.

Article 28 Competence determined by the connection if the processes should be within the jurisdiction of courts with jurisdiction in different areas or based in the same region, shall have jurisdiction of all: a) the Court has jurisdiction of the crime to which fits most serious penalty; b) in the case of crimes of equal gravity, the Court whose order the defendant is arrested or having several defendants arrested, that the order which is attached the greatest number; c) if there are no defendants arrested or your number is equal, the Court of the area where first there has been news of any of the crimes.

Article 29 working party unity and joinder of proceedings 1-For all crimes of a connection, in accordance with the foregoing provisions, organizes a just process. 2-If you have already been instituted separate proceedings, as soon as the connection is recognized the joinder of all who respect the crime determinant of competence for connection.

Article 30 Separation processes 1-ex officio, or at the request of the Prosecutor, the accused, the wizard or the aggrieved, the Court discontinues the connection and commands the separation of one or more processes: 128 a) there is a serious interest and separation of consideration of any defendant, in particular no prolongation of pre-trial detention; b) the connection can represent a serious risk to claim punitive State, for the interests of the offended or injured; (c)) the connection can slow the trial of any of the defendants; or d) there is a declaration of default judgment, or the trial take place in the absence of one or some of the defendants and the Court have as more convenient separation of processes. 2-at the request of one or more of the defendants, the Court may still take further action referred to in the preceding paragraph when one or more other defendants have required the intervention of a jury. 3-the application referred to in the preceding paragraph principle takes place in eight days after the notification of the order that has admitted the intervention of a jury.

Article 31 extension of competence the competence determined by connection, in accordance with the preceding articles, remains: the Same for the) crime or crimes determinants of competence by connection, the Court gives an acquittal or the criminal responsibility is extinguished before the trial; (b)) To the knowledge of the separate processes in accordance with article 30, paragraph 1.

CHAPTER III of the Declaration of incompetence article 32 Knowledge and deduction of incompetence


1-the incompetence of the Court this is known and declared off the record and can be inferred by the Prosecutor, by the defendant and by the wizard to the traffic in the final decision. 2-in the case of incompetence, it can only be inferred and declared: 129 a) until the beginning of the instrutório debate, when it comes to examining magistrate; or (b)) until the beginning of the hearing, in the case of trial court.

Article 33 effects of 1-Declaration of incompetence Declared the jurisdiction of the Court, the case is referred to the competent court, which annuls the acts would not have practiced before he hadn't run the process and sort the repetition of the acts necessary to know the cause. 2-the Court declared incompetent practice urgent procedural acts. 3-measures of coercion or by court-ordered asset guarantee declared incompetent retain effectiveness even after the Declaration of incompetence, but must, without delay, be convalidadas or infirmadas by the competent court. 4 to know of a crime are not the Portuguese courts, the case is filed.

CHAPTER IV of the conflicts of jurisdiction article 34 Cases of conflict and your termination 1-there are positive or negative conflict of jurisdiction when, in any State of the process, two or more courts of different or the same species, consider themselves competent or incompetent to hear the same crime attributed to the same defendant. 2-the conflict ceases as soon as one of the courts to plead, even ex officio, incompetent or competent, according to the case.


130 article 35 denunciation of the conflict 1-the Court, as soon as you notice the conflict, raises it to the competent court to decide, in accordance with articles 11 and 12 and refer you to copy the documents and all the necessary elements to your resolution, with indication of the Prosecutor, the accused and their lawyers ' Assistant. 2-the conflict can be raised also by the public prosecutor, by the accused or by the wizard upon request directed to the competent body for resolution, containing the statement of decisions and positions in conflict, to which join the elements mentioned in the end of the preceding paragraph. 3-the complaint or the application provided for in the preceding paragraphs are without prejudice to the implementation of the urgent procedural acts.

Article 36 1 conflict resolution-the body responsible for settling the conflict sends the case back to Prosecutors and notifies the subject proceedings which have not given rise to the conflict, in all cases, claim within 5 days after that, and then collected the information and evidence which he considers necessary, resolves the conflict. 2-the decision on the conflict is non-actionable. 3-the decision is immediately communicated to the courts and to the public prosecutor along them and notified to the defendant and to the Assistant. 4-is correspondingly applicable the provisions of article 33, paragraph 3.

Chapter V of the obstruction to the exercise of jurisdiction article 37 assumptions and effect when, in any State of the process subsequent to the order designate a day for the hearing, because of serious situations suitable locations to disrupt the development process: 131) the exercise of jurisdiction by the Court with jurisdiction to be stopped or severely hampered; b) For fear that exercise serious danger to safety or the public tranquility; or c) freedom of determination of the participants in the process meet severely compromised; the competence is assigned to another court of the same species and hierarchy where the obstruction predictably if not check and that is as close as possible to the blocked.

Article 38 Examination and decision 1-the criminal sections of the Supreme Court of Justice to decide the application for conferral of jurisdiction to be directed by the Court obstructed, by prosecutors, by the defendant, by the wizard or the parties. The request is immediately accompanied by the relevant elements for the decision. 2-is correspondingly applicable the provisions of paragraphs 1 and 3 of article 36, as well as in paragraph 3 of article 33° 3-the application for conferral of jurisdiction do not have suspensive effect, but this may be granted, taking into account the circumstances of the case, by the competent court for the decision. In this case the Court blocked the urgent procedural acts. 4-If the application is approved, the designated court declares whether and to what extent the procedural acts already committed retain effectiveness or must be repeated before him. 5-If the request of the defendant, or of civil parties Wizard is considered manifestly unfounded, the applicant is sentenced to payment of a sum between UC and UC 20 6.

CHAPTER VI of impediments, excuses and denials 132 article 39 1 Impediments-no judge can exercise your function in criminal proceedings: a) when it is, or has been, spouse or legal representative of the accused, the offended or person with the right to become Assistant or civil party or when with any of these people live or have lived in conditions similar to those of the spouses; (b)) When he, or your spouse, or the person with him live in conditions similar to those of spouses, is ascendant, descendant, relative to the 3rd degree, tutor or curator, adopter or adoptee of the accused, the offended or person with the right to become Assistant or civil party or is in the mood of these to that degree; (c)) when you have intervened in the proceedings as the representative of the public prosecutor, criminal police body, advocate, lawyer of the wizard or the civil party or expert; or d) When, in the process, has been heard or duty to be as a witness. 2-If the judge has been offered as a witness, declares, under rules of engagement, by order on the record, if you have knowledge of facts that may influence the decision of the case. If so the impediment; If it does not stop being a witness. 3-cannot serve in any capacity, in the same process as judges who are each other spouses, relatives or the like to the 3rd degree or who live in conditions similar to those of spouses.

Article 40 Impediment for participation in case no judge may intervene in the trial, appeal or application for review concerning the process in which you have: f) Applied measure of coercion provided for in articles 200th to 202; g) Chaired the debate instrutório; h) Participated in previous trial; I) Delivered or participated in decision of appeal or application for review previous 133; j) Refused the case filing penalty waiver, the provisional suspension, or the sumaríssima form of the sanction proposal for disagreeing.

Article 41 Declaration of impediment and your 1 effect-the judge who has any impediment under the preceding articles declares it immediately by order on the record. 2-the impediment statement can be requested by the Prosecutor or the accused, by the wizard or the parties as soon as civilians are allowed to intervene in the process, in this State; the request are together the evidence. The judge in question gives the order within a maximum of five days. 3-The acts committed by judge prevented are void, unless it cannot be usefully repeated and if that doesn't work to the Justice of the decision process.

Article 42 1 Feature-the order in which the judge consider prevented is non-actionable. The order in which it does not recognize impediment that was opposite appeal to the next higher court. 2-If the impediment is opposite the judge of the Supreme Court of Justice, the appeal is decided by the criminal section of the Court without the participation of the person concerned. 3-the appeal has suspensive effect, without prejudice to be carried out, even by the judge in question, if such is indispensable, urgent procedural acts.

Article 43 Denials and excuses 1-the intervention of a judge in the case can be refused when risk being considered suspects, because there reason, serious and grave, suitable to generate suspicion about your impartiality.


134 2-may constitute grounds for refusal pursuant to paragraph 1, the intervention of the judge in another process or in earlier phases of the same process outside of the cases of article 40 3-refusal can be requested by prosecutors, by the defendant, by the wizard or the parties. 4-the judge cannot declare voluntarily suspect, but can ask the competent court the excuse to intervene when the conditions of paragraphs 1 and 2. 5-The procedural acts performed by judge refused or hopeless until the refusal or the excuse they are requested are cancelled only when resulting in prejudice to the fairness of the decision of the process; those of later are valid only if they cannot be usefully repeated and if that doesn't work to the Justice of the decision process.

Article 44 the Application Deadlines for refusal and the request for excuse shall be admissible until the beginning of the hearing, until the beginning of the Conference on the resources or to the beginning of the debate instrutório. Only are subsequently to the judgment, or decision rules, when the facts invoked as grounds have taken place, or have been known by the invocant, after the beginning of the hearing or debate.

Article 45 and decision Process


1-the application for refusal and the request for excusal should be presented, together with the elements on which they are based, before:) the Court immediately above; b) criminal section of the Supreme Court of Justice, in the case of judge he owned, deciding that without the participation of the person concerned. 2-after you submitted the application or request referred to in the preceding paragraph, the judge endorsed practice only urgent procedural acts or required to ensure the continuity of the audience.


135 3-the judge endorsed rules on the application, in writing, within five days, gathering the evidence. 4 the Court, if not to refuse the application or the request soon for manifestly unfounded, orders the steps of evidence necessary for the decision. 5-the Court has a period of 30 days after the delivery of the respective application or request, to decide on the refusal or the excuse. 6-the decision provided for in the preceding paragraph is non-actionable. 7-If the Court refuse the request of the defendant, the wizard or the civil parties for manifestly unfounded, condemns the applicant a sum between UC and UC 20 6.

Article 46 subsequent Terms the judge stopped, refused or useless posts then the case back to the judge, in accordance with the laws of judicial organization, should replace him.

Article 47 Extension of the impediments, refusals and Disclaimer 1-the provisions of this chapter shall apply, with the necessary adjustments, in particular those given in the following paragraphs, to experts, interpreters and staff of Justice. 2-the impediment statement and your application, as well as the application of refusal and the request for excuse, are directed to the Court or the examining magistrate before which run the process in which incident raise and are appreciated by them and immediately and definitely decided, without submission to special formalism. 3-if there is anyone who legally replace the stopped, refused or no use, the Court or the examining magistrate shall designate the replacement.

TITLE II of the Attorney General's Office and the criminal police bodies 136 article 48 Legitimacy the Prosecutor has legitimacy to promote the criminal procedure, with the restrictions laid down in articles 49 to 52 article 49 Legitimacy in dependent procedure complaints 1-When the criminal procedure depend on complaints, the offended or other people, it is necessary that these people give inform the public prosecutor's Office to promote the process. 2-For the purposes of paragraph 1, shall be deemed to have been made to the public prosecutor, the complaint addressed to any other entity that has the legal obligation to convey that. 3-the complaint may be submitted by the holder of the right, by legal representative or Attorney-in-fact with special powers. 4-the preceding paragraphs is correspondingly applicable to cases where the criminal procedure depend on the participation of any authority.

Article 50 Legitimacy in procedure 1 private prosecutor-dependent When the criminal procedure depend on private prosecutor, the offended or other people, it is necessary that these people complain, set up wizards and deduct private prosecutor. 2-the public prosecutor's Office shall on their own initiative of any diligence that judge necessary for the discovery of truth and will fit in your jurisdiction participates in all procedural acts in which intervenes the private prosecutor, accuses in conjunction with this and uses independently of judicial decisions. 3-is correspondingly applicable the provisions of paragraph 3 of the preceding article.


137 article 51 Approval of withdrawal of complaint or 1-private prosecutor in the cases provided for in articles 49 and 50, the intervention of the public prosecutor in the process ceases with the approval of the withdrawal of the complaint or the private prosecutor. 2-If the cancellation takes place during the investigation, it is the responsibility of the public prosecutor; If it takes place during the instruction or the trial, she fits, respectively, to the examining magistrate or the President of the Court. 3-as soon as you become aware of the withdrawal, the competent judicial authority for the approval notifies the defendant for five days, declare, without the need to state reasons if it is opposed. The lack of statement amounts to non-opposition. 4-If the defendant has no public defender and is unknown the your whereabouts, the notification referred to in the preceding paragraph shall be editalmente.

Article 52 Legitimacy in the case of crimes 1-in the case of crimes, the public prosecutor promotes the process immediately for those for which has legitimacy, if the criminal proceedings for the crime more serious is independent of complaint or private prosecutor, or if the crimes are of equal gravity. 2-If the crime for which prosecutors can promote the process is less serious, persons to whom the law confers the right of complaint or are notified private prosecutor to declare, in five days, whether or not they want to use that right. If you declare: to) that do not wish to make a complaint, or anything declared, the Public Ministry promotes the process for crimes that can promote; b) wishing to make a complaint, considers this presented.


138 article 53 Position and tasks of the public prosecutor in 1 process-it is the Prosecutor in criminal proceedings, cooperate with the Court in the discovery of truth and in the realization of the right, obeying in every procedural interventions the strict objectivity criteria. 2-it is especially the Prosecutor: a) Receive complaints, grievances and participation and appreciate the follow-up to them; b) Drive the investigation; c) Deduct charges and sustain it effectively in education and at the trial; d) appeals, even though in the exclusive interest of the defence; and promote the implementation of penalties) and security measures.

Article 54 Impediments, denials and excuses 1-the provisions of Chapter VI of title I are correspondingly applicable, with the necessary adjustments, in particular those given in the following paragraphs, to prosecutors. 2-the impediment statement and your application, as well as the application of refusal and the request for excuse, are directed to the immediate superior of the magistrate concerned and that appreciated and definitely decided, without obedience to special formalism; being referred to the Attorney General of the Republic, the competence lies with the criminal section of the Supreme Court of Justice. 3-the competent authority for the decision, in accordance with the preceding paragraph means the replacement of the stopped, refused or useless.

Article 55 of the criminal police bodies Competence 1-it is the responsibility of the criminal police bodies assisting the judicial authorities with a view to the achievement of the purposes of the proceeding. 2-it is particularly the criminal police bodies, even on its own initiative, 139 spoon news of crimes and prevent its consequences as possible, find out their agents and to carry out the necessary and urgent to ensure the means of evidence.

Guidance and functional dependence article 56 of the criminal police within the limits of the provisions of paragraph 1 of the preceding article, the criminal police bodies act, in the process, under the direction of the judicial authorities and on your functional dependency.

Title III of the defendant and of your Defender article 57 quality of defendant 1-Assumes the quality of defendant all that who is less prosecution or required instruction in criminal proceedings. 2-the quality of defendant saves throughout the course of the procedure. 3-is correspondingly applicable the provisions of paragraphs 2, 3 and 4 of the next article.

Article 58 of the Constitution accused 1-without prejudice to the provisions of the previous article, the Constitution of defendant as soon as: a) Running investigation against a particular person in respect of which there is suspicion founded the practice of crime, this statement before any judicial authority or criminal police body; b) have to be applied to any person a measure of coercion or endowment assurance; c) a suspect is detained, under the terms and for the purposes set out in articles 254 to 261.º; or d) is lifted auto news that gives a person as an agent of a crime and



140 that is communicated, unless the news is manifestly unfounded. 2-the Constitution of defendant operates through communication, whether oral or written, made when targeted by a judicial authority or criminal police body, that from that moment that should consider itself accused in criminal proceedings and of the statement and, if necessary, an explanation of the procedural rights and duties referred to in article 61 which for that reason are fit you. 3-the Constitution of defendant made by criminal police body is communicated to the judicial authority within 10 days and by this appreciated, in order to your validation within 10 days. 4-the Constitution of defendant implies delivery, whenever possible in the Act itself, of document containing the process ID and the Defender, if this has been appointed, and the procedural rights and duties referred to in article 61 5-the omission or breach of the formalities laid down in the preceding paragraphs implies that the statements made by the person concerned may not be used as evidence. 6-no validation of the defendant by the judicial authority shall be without prejudice to the evidence previously obtained.

Article 59 other cases of establishment of defendant 1-If, during any inquiry made the person who is not accused, arise suspicion of crime she founded made, the entity which shall act immediately suspended and proceed to communication and the indication referred to in paragraph 2 of the preceding article. 2-the person on whom rest suspected of having committed a crime has a right to be constituted, to your application, as defendant whenever steps are being carried out, aimed at proving the imputation that personally affect them. 3-is correspondingly applicable the provisions of paragraphs 3 and 4 of the preceding article.

Article 60 procedural Position from the moment a person acquire the quality of defendant is assured 141 the exercise of procedural rights and duties, without prejudice to the application of coercive measures and asset guarantee and Stagecoach probative, gross under specified by law.

Article 61 1 procedural rights and duties-the defendant enjoys, in particular, at any stage of the process and saved the exceptions to the law, the rights to:) be present to procedural acts directly relate to him; (b)) to be heard by the Court or the examining magistrate whenever they should take any decision I personally get; c) Be informed of the facts imputed to him before making a public statement before any entity; d) does not respond to questions, by any entity, on the facts that are allocated and on the content of the statements about them paying; e) Choose Defender or request the Court to appoint one to him; f) Be assisted by defender in all procedural acts in which it participates and, when arrested, communicate, even in private, with him; g) Intervene in the investigation and instruction, offering evidence and requiring steps to prove necessary; h) Be informed, by the judicial authority or by the criminal police body before which to appear, the Rights Watch; I) Appeal in accordance with law, of decisions which are unfavourable. 2-private communication referred to in subparagraph (f)) of the previous paragraph occurs in sight when so required for security reasons, but in terms of not being heard by the surveillance officer. 3-Fall in particular about the defendant's duties: a) appear before the judge, the Prosecutor or the criminal police bodies where the law requires and to this end has been duly summoned; b) Answer truthfully any questions asked by competent authority about your identity and, when the law imposes on their criminal record; c) Provide identity and residence term soon to assume the quality of 142 defendant; d) to submit to due diligence and the measures of coercion and guarantee assets specified in the law and ordered and carried out by competent authority.

Article 62 1 Defender-the defendant may constitute attorney at any time in the process. 2-in cases where the law determines that the accused is assisted by defender and that do not have constituted or not, the judge shall appoint him a lawyer or lawyer trainee, but the public defender ceases functions as soon as the accused constitute lawyer-3 the appointment referred to in the preceding paragraph may be made: a) in the cases provided for in article 64 paragraph 1, point (c)), the public prosecutor or criminal police authority; b) in the cases referred to in article 64, paragraph 3, and 143, paragraph 2, of the public prosecutor. 4-Having the accused more than a defender, notifications are made to that which is indicated in first place in the Act of Constitution.

Article 63 human rights defender 1-the Defender shall exercise the rights that the law recognizes the defendant except that she personally to this book. 2-the defendant may remove the effectiveness carried out in your name by the Defender, since to do so by express declaration preceding the decision on that Act.

Article 64 Obligation 1 service-fielder's assistance is required: a) during interrogations of accused detained or arrested;


143 b) In instrutório and debate at the hearing, except in the case of process that can give rise to the application of imprisonment or detention order for hospitalization; (c)) In any procedural act, with the exception of the defendant, whenever the defendant is blind, deaf, dumb, illiterate, unaware of the Portuguese language, under 21 years old, or if you raise the issue of your or your disclaimer liability decreased; d) In ordinary or extraordinary resources; e) in the cases referred to in articles 271.º and 294; f) at the hearing of trial performed in the absence of the accused; g) in other cases that the law determine. 2-outside the cases referred to in the preceding paragraph may appoint the Defender accused the Court, ex officio or at the request of this, whenever the circumstances of the case reveal the need or desirability of the accused to be assisted. 3-Notwithstanding the preceding paragraphs, if the defendant does not have a lawyer constituted or public defender, Defender's appointment is mandatory in order for termination of the investigation, when against him is deducted. 4-in the case referred to in the preceding paragraph, the accused is informed, in order for the prosecution, that is, if convicted, to pay the fees of the lawyer, unless you are granted legal aid, and that can replace this Defender by the formation of a lawyer.

Article 65 assistance to several defendants 1 – being several defendants in the same process, can they be assisted by a single Defender, if that doesn't contradict the Defense function. 2-If one or some of the defendants there constituted Attorney and others do not, the Court may appoint, from among the lawyers constituted, one or more to take the defense of the other defendants, if that doesn't contradict the Defense function.


144 article 66 1 public defender-Defender's appointment is notified to the defendant and to advocate when they are not present in the Act. 2-the public defender can be relieved of sponsorship if claim cause that the Court deems just. 3-the Court may always replace the public defender, at the request of the defendant, for just cause. 4-While is not overridden, the public defender for an act stands for the subsequent acts of the process. 5-the Office of the public defender is always paid in accordance with and on the amount to be fixed by the Court, within the limits listed in tables approved by the Ministry of Justice or, in your absence, taking into account the fees currently paid for services of the genus and the relief that were provided. By retribution are responsible, as appropriate, the accused, the civil parties Wizard or the vaults of the Ministry of Justice.

Article 67 1 defender replacement-If the Defender for an act where assistance is required, do not show up, leaving before or refuse or abandon the defense, the court appoints another fielder immediately; also, when the immediate nomination proves impossible or inconvenient, decided by an interruption of the implementation of the Act. 2-If the Defender is replaced during the instrutório debate or hearing, can the Court, ex officio or at the request of the new Defender grant an interruption, so that it can confer with the defendant and examining the record. 3-instead of the interruption referred to in the preceding paragraphs, the Court may decide, if it is absolutely necessary, for a continuance of the Act or of the audience, which cannot, however, be no more than five days.


145 TITLE IV article 68 Wizard Wizard


1-Can become wizards in the criminal proceedings, in addition to the persons and entities to whom special laws confer this right: a) the resentful, considering as such holders of interests that the law especially wanted to protect with criminality, since the age of 16 years; b) people whose claim or charge particular depend on the procedure; c) in the case of the offended die without having given up the complaint, the surviving spouse not legally separated people and goods or the person of another or of the same sex, which with the offended conditions similar to those living in spouse, descendants, ascendants and adopted and adopters, or, in the absence of them, brothers and their descendants, unless any of these people there are provided in crime; d) in the case of the smallest 16 years being offended or unable for any other reason, the legal representative and, in your absence, people indicated in the preceding paragraph, in the order there referred to, unless one of them there is provided in crime; and) any person in crimes against peace and humanity, as well as the crimes of trafficking in influence, personal favoritism practiced by employee, denial of Justice, abuse of power, corruption, embezzlement, economic participation in business, abuse of power and fraud in obtaining or misuse of subsidy or grant. 2-in the case of private prosecutor dependent procedure, the application takes place within 10 days after the warning referred to in paragraph 4 of article 246.º 3-the wizards can intervene at any stage of the process, accepting it as to find, since the request to the judge: a) until five days before the start of the debate or instrutório of the audience of trial;


146 b) in the case of articles 284.º and 287.º, paragraph 1, point (b)), within the time limit set for the practice of their respective actions. 4-the judge, after giving the Prosecutor and the accused the opportunity of expressing their views on the request, decide by order which is immediately notified. 5-During the investigation, the Assistant and the Constitution concerning the incidents can run separately, with the junction of the elements necessary for the decision.

Article 69 procedural Position and duties of assistants-1 the wizards have the position of employees of Public Ministry, whose activity subordinate to your intervention in the process, save the exceptions to the law. 2-it is particularly the wizards: a) Intervene in the investigation and instruction, offering evidence and applying the steps that prove necessary; b) Deduct charge independent of the public prosecutor and, in the case of private prosecutor dependent procedure, though that not to deduct; c) appeal of decisions that affect, even if the Public Ministry has not done.

Article 70 judicial Representation of the wizards 1-the wizards are always represented by a lawyer. Going on various wizards, are all represented by one lawyer. If differ on the choice, decides the judge. 2-Caveat-if the provisions in the second part of the preceding paragraph the case between the various wizards incompatible interests, as well as being different the crimes ascribed to the accused. In the latter case, each group of people to whom the law permits the Constitution as an Assistant for each of the crimes may be a lawyer, not however permissible to each person having more than one representative. 3-the wizards may be accompanied by counsel in the steps in which 147 intervene.

Title V of the civil parties article 71 Principle of accession the civil action for damages founded on the Commission of a crime is deducted in criminal proceedings, only can be separately, before the civil court, in the cases provided for in the law.

Article 72 separate 1-Application the civil claim for compensation can be deducted separately, before the civil court, when: a) the criminal process has not led to the accusation within eight months after the news of the crime, or no progress during that lapse of time; (b)) the criminal proceedings has been filed or suspended on a provisional basis, or the procedure is extinguished before the trial; (c)) the procedure depend on a complaint or accusation; d) there is still damage at the time of indictment, these are not known or are not known in all your extension; and no criminal sentence) has decided on the application for civil compensation, in accordance with article 82, paragraph 3; f) Is deducted against the defendant and other persons with responsibility for civil purposes, or only against these has been caused, in this action, the main intervention of the accused; g) the value of the application allow civil intervention of the Court, and the criminal process collective run before court singular; h) criminal proceedings run under the summary form or sumaríssima; I) the injured party has not been informed of the possibility to deduct the civil claim in criminal proceedings or notified to do so, in accordance with article 75, paragraph 1, 148 and 77, paragraph 2. 2-in the case of the procedure depend on complaints or private prosecutor, the prior deduction of the application before the civil court by the persons with the right of complaint or accusation shall waiver of this right.

Article 73 People with merely 1-civil liability the civil claim for compensation can be deducted against people with responsibility for civil purposes and these can voluntarily intervene in criminal proceedings. 2-voluntary intervention prevents people with responsibility for civil purposes of practice acts that have lost the right to practice.

Article 74 1-legitimacy and procedural powers the civil claim for damages is deducted by the aggrieved, understanding as such the person who suffered damage caused by a crime, even if you haven't formed or cannot become Assistant. 2-procedural intervention of the victim is restricted to support and request proof of civil compensation, competing him, correspondingly, the rights that the law gives the wizards. 3-The defendants and the intervener have procedural position identical to that of the defendant as to the proof of support civil issues judged in the process, each independent of the defenses.

Article 75 duty 1-when, in the course of the investigation, taking note of the existence of possible victims, the judicial authorities and the criminal police bodies should inform them of the possibility of deduzirem civil claim for damages in criminal proceedings and formalities to be observed.


149 2-Who has been informed that can deduce civil claim for damages in accordance with the preceding paragraph, or, not having been considered injured, can manifest itself in the process, until the closure of the investigation, the purpose of the make.

Article 76 1 Representation-the injured person may be represented by a lawyer, being mandatory the representation where, by reason of the order amount, if deducted separately, were the establishment of lawyer, under the law of civil procedure. 2-The defendants and the intervener shall be represented by a lawyer. 3-it is the Prosecutors to formulate the civil claim for compensation on behalf of the State and of other people and interests whose representation is attributed by law.

Article 77 1-order formulation when presented by the Prosecutor or by the wizard, the application shall be deducted on the charge or, on request, articulated within this should be worded. 2-the injured person who has expressed the purpose of deducing civil claim for damages under article 75, paragraph 2, is notified of the order of prosecution, or having not, the order of pronunciation, if he proceed to, wanting, deduct the request, articulated, application within 20 days. 3-If you have not expressed the purpose of deducing claim or if it has not been notified in accordance with the provisions of the preceding paragraph, the injured person may deduct the request until 20 days after the defendant be notified the order of prosecution or, if there is, the order of pronunciation. 4-When, by reason of the order amount, if deducted separately, it wasn't the Constitution, the injured person, within the period established in the preceding paragraphs, may require that you be arbitrated civil compensation. The application is not subject to special formalities and can consist of statement in auto, indicating the injury suffered and the evidence.


150 5-except as provided in the preceding paragraph, the claim is accompanied by duplicates for the defendants and for the Secretariat.

Article 78 Challenge 1-the person against who is less civil claim for damages is notified to, willing, contest within 20 days. 2-the challenge is deducted for articles. 3-the lack of objection does not imply confession of facts.

Article 79 1 Evidence-the evidence is required with the pleadings. 2-Each applicant, respondent or intervener may call witnesses in number not exceeding 10 or 5, depending on the order amount exceeds or not the purview of civil relationship.

Article 80 Trial the aggrieved, the defendants and the participants are required to attend at the trial only when they have to give evidence that they cannot refuse.

Article 81 Renunciation, cancellation and conversion of the application


The injured person may, at any time of the process: to renounce the right to compensation) and drop the request; b) require that the object of the provision for damages with money is converted into different asset allocation, since under the law.


151 Article 82 Liquidation in execution of sentence and referral to civil courts 1-if you don't have enough elements to fix the damages, the court sentences in liquidate in execution of sentence. In this case, the execution runs before the civil court, serving a penal sentence enforcement. 2-Can, however, the Court, ex officio or at the request, establish a provisional compensation on the compensation to be determined later, if you have a lot of elements, and give it the effect provided for in the following article. 3-the Court may, of its own motion or on application, refer the parties to civil courts when the issues raised by the application of a rigorous decision rather than undermine them indemnity or are liable to generate incidents that grandfathering intolerably criminal proceedings.

Article 82-the repair of the victim in special cases 1-having been deducted civil claim for damages in criminal proceedings or separately, in accordance with articles 72 and 77, the Court, in case of conviction, can arbitrate a sum by way of reparation for the losses suffered when individuals need to protect the victim enforce. 2-in the case referred to in the preceding paragraph, is it ensured compliance with the adversarial. 3-the arbitrated under repair amount is taken into account in action to meet civil claim for damages.

Article 83 provisional Feasibility at the request of the injured person, the Court may declare the condemnation in civil compensation, in whole or in part, on a provisional basis, in particular in the form of pension.


152 Article 84 If the judgment of acquittal, even though criminal, to meet the civil request constitutes res judicata in accordance with the law assigns effectiveness of res judicata to the civil judgments.

BOOK II of the procedural acts title I General provisions Article 85 order in procedural acts 1-it is up to the judicial authorities, police authorities and criminal justice officials to regulate the work and maintain order in procedural acts that occupy or proceed, taking the necessary measures against those who disturb the course of the respective acts. 2-If the offender still speak duty or be present on the same day, in an act presided over by judge, this commands, if necessary, that is held up to the height of your intervention, or during the time that your presence is indispensable. 3-If, in the course of a procedural act, the practice of any offence, the competent authority, in accordance with paragraph 1, raises or send up auto and, where appropriate, holds or have to stop the agent, for the purpose of the procedure. 4-For maintaining order in the procedural order, where necessary, the assistance of the public force, which is subjected to the power of the judicial authority to preside over the Act.

Article 86 the Advertising process and secrecy of Justice 1-the criminal proceedings is, under penalty of nullity, public, subject to the exceptions provided for in the law.


153 2-the process is subject to secrecy of justice until the expiry of the time limit to apply for the opening of the instruction, unless prosecutors determine your advertising. 3-the Prosecutor determines the advertising process, at any time, upon request or with the agreement of the accused, when you understand that the cessation of the secret does not prejudice the investigation and the rights of procedural participants or victims. 4-in the case of the accused require advertising but the Prosecutor does not determine, the pleadings are sent to the judge, who decides, is not actionable by order, after hearing the victim, if the process continues subject to sub judice or becomes public. 5-the process continues subject to secrecy of justice until the decision has become final transit rules, if the defendant State that opposes advertising. 6-If the opening statement is required by the defendant, the Declaration referred to in the preceding paragraph shall be made in the respective application and if required by the wizard must be made within 10 days of notification of the order of the opening statement. 7-the defendant may revoke the Declaration referred to in paragraph 5:00 pm any time of the statement. 8-going on several defendants, the publicity of proceedings, pursuant to paragraphs 3 to 7, depends on the agreement of all. 9-the advertising process implies, as defined by law and, in particular, by the following articles: rights) assistance by the general public, the conduct of procedural actions, except the ones that take place during the investigation and instruction; b) Narration of the procedural acts, or reproduction of their terms by the media; c) self Query and obtaining copies, extracts and certificates from any parts of it. 10-the advertising does not cover the data relating to the private life that do not constitute evidence. The judicial authority specifies by order, ex officio or at the request, the elements for which keeps the secret of Justice, ordering, if applicable, your destruction or delivered to the person to whom they relate. 11-the secret of Justice binds all subjects and participants, as well as procedural 154 people who, by any title, have taken contact with the process or knowledge of the elements he owned, and implies the prohibition of: the practical assistance or plug) of knowledge of the content of the procedural act which do not have the right or duty to watch; b) dissemination of the occurrence of the procedural act or its terms, regardless of the reason that chairing such disclosure. 12-the judicial authority can, however, give or permit or allow it to be given knowledge of the contents of certain persons act or document secret from justice, if that does not put in question the investigation and provided: the convenient truth clarification); or b) essential to the exercise of rights by the interested parties. 13-people referred to in the preceding paragraph are in any case bound by secrecy of Justice. 14-the judicial authority may authorize the passage of birth certificate is given knowledge of the contents of a secret document or act of Justice, since it required the process of criminal or disciplinary proceedings statement of public nature, as well as to the deduction of the civil claim for damages. 15 the process respecting the accident caused by vehicle terrestrial movement, the judicial authority authorizes the passing of: certificate) is given knowledge of Act or document in secret, for the purposes set out in the latter part of the previous number and application based on article 72, paragraph 1, point (a)); b) Of auto accident news lifted by police entity, for the purposes of composition rendition of litigation insurance is interested entity to which is transferred to civil liability. 16-the secret of Justice does not prevent the provision of public explanations by the judicial authority, where they are necessary to the restoration of truth and not harming the investigation: a) at the request of people publicly called into question; or b) To ensure the safety of persons and property or the public tranquility.


155 article 87 Public Assistance the procedural acts 1-procedural acts declared by law, including public hearings, can watch anyone. Of its own motion or at the request of the Prosecutor, the accused or the wizard can, however, the judge decides, by order, restrict the free public assistance or that the Act, or part of it, will come from other than advertising. 2-the order referred to in the second part of the preceding paragraph must be based on specific facts or circumstances do assume that the publicity would cause serious damage to the dignity of persons, public morals or the normal course of the Act and must be repealed as soon as they cease the reasons they gave her cause. 3-In case of process for the crime of trafficking in persons or against freedom and sexual self-determination, procedural acts, as a rule, other than advertising. 4-Running the Act other than advertising, can only watch people who have to step in, as well as others that the judge admit cogent reasons, particularly for professional or scientific work. 5-exclusion of advertising does not include, in any case, the reading of the sentence. 6-does not imply restriction or exclusion of advertising, for the purposes of the preceding paragraphs, the prohibition, the judge, the minor assistance of 18 years or who, by your behavior, put into question the dignity or the discipline of the Act.

Article 88 media


1-is allowed to the media, within the limits of the law, detailed narration of the content of procedural acts if don't find covered by secrecy of Justice or whose course is allowed assistance from the general public. 2-is not, however, allowed under penalty of simple disobedience: a) the reproduction of procedural documents or documents embedded in the process, until the judgment of first instance, unless they have been obtained by means of certificate requested with reference to the intended use, or if there has been the express permission of the judicial authority to chair the 156 phase of the process at the time of publication; b) the transmission or registration of images or sound outlets concerning the practice of any procedural act, in particular the hearing, unless the judicial authority referred to in (a), by order, authorize; cannot, however, be allowed to broadcast or record images or sound on the person that opposes; c) the publication by any means, of the identity of victims of trafficking in human beings, crimes against freedom and sexual self-determination, honour or private reservation unless the victim expressly consent on disclosure of your identity, or if the crime is practiced through social media agency. 3-until the decision on the publicity of the audience is not yet authorized, under penalty of simple disobedience, the procedural steps preceding narration when the judge, ex officio or at the request, has banned based on facts or circumstances referred to in paragraph 2 of the preceding article. 4-is not allowed, under penalty of simple disobedience, the publication, by any means, of conversations or communications intercepted in a proceeding, except if they are not subject to secrecy of Justice and expressly consent actors in the publication.

Article 89 auto query and obtaining certificate and information by subject 1-procedural during the investigation, the accused, the wizard, the offended, the injured and the responsible civilian may consult, upon request, the process or elements of it, as well as obtain the corresponding extracts, copies or certificates, unless the public prosecutor that is opposed by courts that could harm the investigation or the procedural rights of the participants or the victims. 2-If the prosecution opposes the appointment or to obtain the particulars referred to in the preceding paragraph, the request is present to the judge, who decides by Decree is not actionable. 3-for the purposes of the preceding paragraphs, the auto or auto parts that the defendant, the wizard, the offended, the injured and the responsible civilian should have access are deposited at the registry, 157 by photocopy and loose, without prejudice to the progress of the process, and persisting for all the duty of secrecy of Justice. 4-When, in accordance with paragraphs 1 to 3 of article 86, the process become public, the persons mentioned in paragraph 1 may request the competent judicial authority the free exam from the record out of the Secretariat, and the order that the authorize fix the period for this purpose. 5-Are correspondingly applicable to the hypothesis provided for in paragraph 1 the provisions of the law of civil procedure relating to the lack of restitution of the process within the time limit; being the lack of responsibility of the public prosecutor, the occurrence is reported to superior. 6-Ended the time limits laid down in article 276.º, the defendant, the wizard and the offended can refer to all elements of the process, unless the coroner to determine, at the request of the Prosecutor, that access to autos to be postponed for a maximum period of 3 months.

Article 90 auto query and obtaining birth certificates for others 1-Any person that reveal a legitimate interest may request to be allowed to consult auto a process that if not secret of Justice and provided, your costs, copy, extract or self certificate or part of it. On the application decides, by a ruling, the judicial authority to preside over the stage in the process or that it has delivered the last decision. 2-auto query permission and to obtain a copy, extract or certificate is subject to the ban, in which case it becomes apparent, from narration of the procedural acts or reproduction of their terms through the media.

Article 91 Oath and commitment 1-the witnesses provide the following oath: "I swear, by my honour, to tell the whole truth and nothing but the truth. ' 2-the experts and interpreters provide at any stage of the process, the following 158 commitment: ' I pledge, on my honor, to perform faithfully the duties assigned to me.» 3-the oath referred to in paragraph 1 is provided before the competent judicial authority and the commitment referred to in the preceding paragraph is provided before the judicial authority or the competent criminal police authority, which previously warn who duty pay penalties that it incurs if the refuse or they miss. 4-the refusal to take the oath or the commitment is equivalent to refusing to testify or to perform the task. 5-the oath and commitment, once provided, need not be renewed at the same stage of the same process. 6-do not pay the oath and the commitment referred to in the above paragraphs: the under 16 years); b) experts and interpreters who are officials and intervene in the exercise of its functions.

TITLE II of the form of acts and your documentation Article 92 of acts and appointment of Language interpreter 1-procedural acts, both written as oral, the Portuguese language, under penalty of nullity. 2-when to intervene in case someone who doesn't know or doesn't dominate the Portuguese language, is named, without charge for it, suitable, even if the entity that presides over the procedural act or any of the participants meet the language for that use. 3-the defendant can choose, without charge for it, other than provided for in the preceding paragraph to translate conversations with your Defender. 4-the interpreter is subject to secrecy of Justice, in general terms, and cannot reveal conversations between the defendant and the your Defender, whatever stage of the process in which they occur, under threat of violation of professional secrecy. 5-cannot be used evidence obtained through violation of paragraphs and 3 159 4. 6-is also named interpreter when it becomes necessary to translate foreign-language document and unattended of certified translation. 7-the interpreter is appointed by judicial authority or criminal police authority. 8-the performance of the interpreter is correspondingly applicable articles 153 and 162 Article 93 participation of deaf, hearing impaired or mute 1-When a deaf, hearing impaired or a mute should give evidence, the following rules are observed: a) The deaf or hearing impaired is named suitable interpreter of sign language, lip reading or writing as more appropriate to the situation of the person concerned; (b)) to the mute, if you know how to write, they formulate questions orally, responding in writing. Otherwise and whenever required names itself suitable interpreter. 2-lack of interpreter implies postponing the due diligence. 3-the preceding paragraphs shall apply at all stages of the process and of the position of the interested in the cause. 4-is correspondingly applicable the provisions of paragraphs 3 to 5 of the preceding article.

Article 94 written form of acts 1-procedural acts have to practice under the written form shall be drawn up so perfectly readable, not containing blank spaces which are not cancelled nor subtext, erasures or amendments which are not subject to. 2-Can use typewriters or word processors, in which case make sure, before the signing, that the document has been fully reviewed and identifies the entity that has produced. 3-can also use pre-printed formulas, electronic forms or stamps, complete with the respective text.


160 4-In case of manifest unreadable document, any interested party may request procedural participant, without charge, their transcription space. 5-abbreviations that there is recourse must have unequivocal meaning. The dates and numbers can be written by digits, except for the statement in full from feathers, indemnity amounts and other elements whose sure import beware. 6-is it compulsory to indicate the day, month and year of the Act, as well as, in the case of Act affecting fundamental freedoms of the people, the time of your event, with reference to the time of their beginning and conclusion. The place of the Act must be indicated.

Article 95 Signature


1-the writing there is to reduce a procedural act is at the end, and that this should continue in later time, who signed him to preside, for those people who have participated and the bailiff who has done the wording, with sheets that contain no signature initialled by those who have signed. 2-the signatures and headings are made by his own hand, and, to this end, prohibited the use of any means of reproduction. 3-in the case of any of the people whose signature is required is unable or refuses to provide it, the authority or the official state gifts in auto this impossibility or refusal and the reasons for them have been given.

Article 96 Orality of acts 1-unless the law provides differently, any statements is by oral form, not being allowed to read from written documents previously prepared for that purpose. 2-the entity that preside over the Act may permit the declarant if help of notes written as memory AIDS, making brief on auto such circumstance.


161 3-in the case referred to in the preceding paragraph shall be taken steps to defend the spontaneity of the statements made, ordering, where appropriate, the display of notes written, about whose origin the declarant will be asked in detail. 4-The orders and judgments delivered orally are enshrined in auto. 5-the provisions of this article shall be without prejudice to the rules concerning the allowed and prohibited in reading audience.

Article 97 1-decision-making Acts The judges ' decision-making acts take the form of: a) sentences, when they met the end of the subject-matter of the proceedings; b) Dispatches when met any interlocutory matter or when they put the process out of the case referred to in the preceding paragraph. 2-decision-making acts provided for in paragraph 1 shall take the form of judgments when they are delivered by a collegiate court. 3-The decision of the public prosecutor acts take the form of orders. 4-decision-making acts referred to in the preceding paragraphs are the formal requirements of documents written or oral, as the case may be. 5-The decision-making acts are always justified, and should be specified the reasons of fact and law of the decision.

Article 98 Exhibitions, memorials and petitions 1-the defendant, although free, can present exhibitions, memorials and requirements at any stage of the process, although not signed by the Defender, since they contain within the subject-matter of the proceedings or for the purpose of safeguarding their fundamental rights. The exhibitions, memorials and the accused's requirements are always integrated into autos. 2-The procedural requirements of the other participants that are represented by lawyers are signed by them, unless it is impossible to verify they do and the application target practice Act subject to 162 limitation period. 3-when it is legally permissible the oral formulation of requirements, these are embodied in the auto body conducting the proceedings or by the officer of Justice that has your position.

Article 99 1 Auto-auto is the tool to make faith as to the terms on which they proceeded to the procedural acts to make law and documentation which has assisted who writes as well as collect the declarations, applications, promotions and decision-making acts that have occurred to that oral. 2-auto on the instrutório debate and the audience is the minutes and shall be governed by the legal provisions which complement this code sends you apply. 3-auto contains, in addition to the requirements for written documents, mention of the following: a) identification of people who intervened in the Act; b) Causes, if known, of the absence of people whose intervention was provided for in the Act; c) specified description of the operations carried out, the intervention of each of the participants, the procedural statements made, the way the were and of the circumstances in which the were, of the documents submitted or received and of the results obtained, in order to ensure the genuine expression of the occurrence; d) any occurrence that is relevant to assessing the evidence or the regularity of the Act. 4-is correspondingly applicable Article 169 Article replaced by 1 100th self-the wording of auto is carried out by the bailiff, or by the criminal police officer during the investigation, under the direction of the Chair to act. 2-where the self is to be drawn up by precedent, it is the entity that preside over 163 to the Act ensure that summary matches the essential of what has past or of the statements made, and may for this purpose dictate the content of auto or delegate, ex officio or at the request, in the participants or their procedural representatives. 3-In case of alleged noncompliance between the content of which is saying and what happened, are made to brief the declarations concerning the discrepancy, with indication of the corrections to be made, after which the entity that preside over the Act speaks, listen to participants interested procedural are present, final decision upholding or modifying the initial wording.

Article 101 registration and transcript 1-the employee referred to in paragraph 1 of the preceding article may compose the self using estenográficos, estenotípicos or other means other than the ordinary writing, as well as help if magnetofónica or audio recording. 2-When you use estenográficos, estenotípicos or other means other than the ordinary writing, the employee who has survived of them makes the transcription in the shortest possible time, and the entity that presided over the Act ensure the conformity of the transcript, before signing. 3-write is performed, the delivery employee within 48 hours a copy to any subject that requires procedure and provide the Court with the necessary technical support. 4-estenografadas leaves and estenotipadas tapes or recorded are stored in sealed envelope to the court order, being made mention on auto all the opening and closing of the saved logs by the entity to carry out the operation. 5-The technical support referred to in the preceding paragraph are stored for a period of 2 years from the final transit of the final decision, which may be later destroyed by order of the Court.

Article 102 auto reform lost, misplaced or destroyed 1-When you get lost, mislay or destroy auto or part of it shall be your reform 164 in the Court in which the process has gone or duty run terms in first instance, even when it has been a resource. 2-reform is ordered by the judge, ex officio or at the request of the Prosecutor, the accused, the wizard or the civil parties. 3-in the procedures provided for in the law of civil procedure in all if not specifies in article 1(a): the) at the Conference involved the public prosecutor, the accused, the wizard and the civil parties; b) the agreement of the parties concerned, transcribed in the auto, just supply the civil process, being merely informative in criminal matters.

Title III of the time of the acts and the acceleration of the process article 103 when you practice the acts 1-The procedural practice in working days, to office hours and services outside the holiday period. 2-exceptions to the provisions of the preceding paragraph: a) The procedural acts concerning defendants detained or arrested, or indispensable to guarantee the freedom of the people; b) acts of investigation and education, as well as the supporting discussions and hearings for which is recognized, by order of whom they preside, advantage in that your beginning, continuation or completion take place without those limitations; c) acts relating to abbreviated summaries and processes; d) procedural steps relating to conflicts of jurisdiction, requirements of refusal and requests for excuse; and) The documents concerning the granting of parole, when fulfilled the part of the sentence required to your application; f) acts of mere hours, as well as the decisions of the judicial authorities, where necessary. 3-the interrogation of the accused cannot be made between the 0 and 7 hours, except in 165 Act followed the arrest: c) in the case of subparagraph (a)) of paragraph 5 of article 174; or (d)) When the defendant requests it himself. 4-the interrogation of the accused has a maximum duration of 4 hours and can be resumed, on each day, for once, and identical period, after a minimum interval of 60 minutes. 5-Are void and cannot be used as evidence, the statements made beyond the limits laid down in paragraphs 3 and 4.

Article 104 Count procedural time limits 1-apply to the count of the deadlines for the procedural acts the provisions of the law of civil procedure. 2-Run holiday deadlines relating to processes in which should practice the acts referred to in (a)) f) of paragraph 2 of the preceding article.

Article 105 and your excess


1-Safe legislative provision to the contrary, is 10 days the deadline for any procedural act. 2-the secretariats organize monthly list of cases in which time limits may be exceeded and deliver it to the President of the Court and the Prosecutor. These, within 10 days, counted of the date of receipt, send the list to the competent disciplinary authority, accompanied by the exposition of the reasons which determined the delay, even if the Act has been practiced though.

Article 106 deadline for terms and sent 1-employees of Justice till the terms process and pass the warrants within two days. 2-the provisions of the preceding paragraph shall not apply when this Code establish different, not timeframe 166 when defendants detained or arrested and there set affect the time of deprivation of liberty; in the latter case the acts are performed immediately and with preference over any other service.

Article 107 waiver of the course and practice of expired Act 1-the person for which a time limit is established can renounce your course, by petition addressed to the judicial authority to drive the stage of the proceedings to which the Act respecting which the dispatches in 24 hours. 2-The procedural acts may only be charged outside the time limits set by law, by order of the authority referred to in the preceding paragraph, at the request of the person concerned and listen the other guys whom the procedural case respect, since proven fair offside. 3-the application referred to in the preceding paragraph is submitted within three days, counted of the legally prescribed deadline or the cessation of the hindrance. 4-the authority that grants the practice of expired Act shall, to the extent possible, the renewal of the acts to which the applicant would have the right to watch. 5-regardless of the fair, the impediment Act be practiced within, in the form and with the same consequences as in civil procedure mutatis mutandis. 6-When the procedure proves to be of exceptional complexity in terms of the final part of paragraph 3 of article 215, the judge, at the request of the Prosecutor, the Assistant, the defendant or of the civil parties, may extend the time limits laid down in articles 78, 287.º, 315, and paragraphs 1 and 3 of article 411.º, up to a maximum of 30 days.

Article 108 late process acceleration 1-When they are exceeded the time limits laid down in the law for the duration of each stage of the process, can the Prosecutor, the accused, the Assistant or the parties request the civil procedural acceleration. 2-the application is decided: 167 a) by the Attorney General of the Republic, if the process is under the direction of the public prosecutor; (b)) by the Supreme Judicial Council, if the process underway before the Court or the judge. 3-are prevented from intervening in deliberations the judges who, in any way, have participated in the process.

Article 109 Processing of request 1 acceleration-the acceleration procedural request is directed to the President of the Superior Council of the Magistracy, or the Attorney General of the Republic, as appropriate, and delivered to the Court or entity to which the process is affection. 2-the judge or the Prosecutor tells the application with the available evidence and relevant to the decision and reinstate the procedure thus organized, in three days, the Superior Council of the Magistracy or the Attorney General of the Republic. 3-the Attorney General of the Republic gives order within five days. 4-If the decision to compete to the Supreme Judicial Council, once distributed the process goes to the first regular session or the special session that there is convenience, and in it the rapporteur makes a brief statement, in which he concludes by proposal for deliberation. There are no visas, but the decision may be delayed up to two days for process analysis. 5-the decision is made, no other special formalities, in the sense: to refuse the request for lack) of grounds or enough delays to meet justified; b) supplementary information, Ordering to be provided within five days; (c)) shall be the inquiry, in a period not exceeding 15 days, about the delays and the conditions under which if verified, suspending the decision until the completion of the investigation; or d) propose or determine the disciplinary measures, management, organization or rationalization of methods that the situation justify. 6-the decision is notified to the applicant and immediately communicated to the Court or to the entity that has the process to your position. Is it also to entities with 168 disciplinary jurisdiction over those responsible for delays that have occurred.

Article 110 manifestly unfounded Request If the request for accelerated procedure of the defendant, the wizard or the civil parties is judged manifestly unfounded, the Court or the examining magistrate in the case of paragraph 2 (a)) of article 108, condemns the payment of a sum peticionante between UC and UC 20 6.

TITLE IV the communication of documents and call to them article 111 1-procedural Communication the communication of procedural acts is intended to convey: a) an order of appearance before the justice services; (b)) A call to participate in due diligence procedure; c) the content of an act performed or order of the proceedings. 2-communication is done by the Secretariat, on their own initiative or by preceding the judicial authority or competent criminal police, and is performed by the officer of Justice to have the process to your Office, or police officer, administrative or belonging to the postal service that is designated for this purpose and meet properly accredited. 3-communication between justice services and between the judicial authorities and the criminal police bodies is carried out by: a) Sent: when determining the practice of procedural act the entity with a framework of functions located within the confines of the territorial jurisdiction of the order made by the judge; b) Letter: when it comes to the practice act outside those limits, styling himself precatória when the Act in question contains within the boundaries of the national territory and request to take place abroad; c) craft, warning, letter, telegram, telex, telefax, telephone communication, 169 e-mail or any other means of telecommunications: when is concerned a request for notification or any other type of message transmission. 4-phone communication is always followed by written confirmation by any means.

Article 112 call to procedural act 1-the invocation of a person to attend the procedural act may be made by any means intended to give you knowledge of the fact that, even by telephone, tilling-if the auto quota as the medium used. 2-when you use the telephone entity performing the call identifies and gives an account of the position he plays, as well as the information necessary to know of that Act is drafted and, if you wish, the rebuttal of official phone call and true. 3-Are the form of notification, indicate the purpose of the summons or communication, by transcript, copy or summary of the order or warrant that you have ordered, in addition to other cases that the law determine: a) the communication of the start or end of term a term legally stipulated under penalty of forfeiture; b) summons for interrogation or for statements or to participate in debate or instrutório in hearing; c) convening person that there's already been called, no cominatório effect, and missed; d) the convocation for the application of a coercive measure or guarantee.

Article 113 the General rules on 1 notifications-notifications shall be carried out by: a) personal contact with the notifying and the place in which it is found; b) post registered, through a letter or notice registered;



170 c) Via simple postcard, via letter or warning, expressly provided for; or d) Notices and announcements, where the law expressly admit. 2-When carried out by registered post, notifications shall be deemed made on the third business day after shipment, and making provision applicable in the Act of notification. 3-When carried out by post, the bailiff plowing a quota in the process with an indication of the date of dispatch of the letter and the address to which it was sent and the distributor of the postal service deposits the letter in the mailbox notifying, plowing a declaration indicating the date and confirming the exact location, and sends it immediately to the service or the Court sender considering the notification made on the fifth day after the date indicated in the declaration drawn up by the distributor of the postal service, this should be making provision Act of notification. 4-if it is impossible to proceed with the deposit of the letter in the mailbox, the postal service dispenser lavra note the incident, affixes his date and send it immediately to the service or to the Court. 5-When the notification is effected by registered post, the face of the envelope or warning should indicate with precision the nature of the correspondence, the identification of the Court or the sender service and the rules of procedure referred to in the following paragraph. 6: a) the consignee refuses to sign, the postal agent delivers the letter or the warning and mining note of the incident for the act as notification; b) the consignee refuses to receive the letter or notice, the postal agent lavra note of the incident for the act as notification; c) the recipient is not found, the letter or the notice is delivered to the person who dwells with him or the person indicated by the recipient who with him to work, making the postal service the fact with identification of the person who received the letter or notice; d) is not possible, by the absence of person or for any other reason, proceed in accordance with the above, the postal services comply with the provisions of the relevant regulations, but always to leave notice shall state expressly the nature of correspondence and the identification of the Court 171 or sender service. 7-Worth as notification, except in cases where the law require differently, summonses and communications made: a) By judicial authority or criminal police to interested parties present in procedural act by she chaired, since documented in auto; b) By telephone in case of emergency, if the requirements of paragraph 2 of the preceding article and if, Furthermore, call if you notify the notifying of the convocation or communication serves as notification and call if you follow Telegraph confirmation, by telex or by fax. 8-the notifying may indicate person, with professional residence or domicile located in the area of jurisdiction of the Court, for the purpose of receiving notifications. In this case, notifications, carried out with observance of the formalism prescribed in the preceding paragraphs, shall be considered as having been made to notifying. 9-defendant notifications, the wizard and the civilian parts can be made to the relevant advocate or lawyer. Also-if notifications relating to the prosecution, the decision to investigate, the designation of day for trial and sentencing, as well as measures relating to the application of coercive measures and asset guarantee and the deduction of the civil claim for damages, which, however, must also be notified to the lawyer or public defender; in this case, the deadline for subsequent procedural act is counted from the date of notification made in last place. 10-The notifications to the lawyer or public defender, when otherwise not result of the law, are made pursuant to paragraph 1 (a)), b) and (c)), or by fax. 11-the notification notice is made by posting a notice on the door of the Court, another on the door of the last residence of the defendant and other places for the effect intended by the respective Parish Council. Where appropriate, is ordered to publish ads in two numbers followed by one of the newspapers with the largest circulation in the locality of the last residence of the defendant or of greater national circulation. 12-in the cases expressly provided for, and there are several defendants or wizards, when the deadline for the notification of acts ends in different days, the Act can be practiced by all or by each of them until the end of the period that started running in last place.


172 Article 114 special cases 1-notification of person you find prey is requested to the director of the prison concerned and carried out in the person of notifying per employee for the purpose designated. 2-the employee notification or administrative officer may upon request to the service, but the appearance of the notified does not require authorisation of the superior; When, however, the notification is made otherwise, the notified shall immediately inform the higher your notification and present proof of attendance.

Article 115 Difficulties to perform notification or meet 1 warrant-the bailiff responsible for notification or to comply with a court order can, where necessary, recourse to the collaboration of the public force, which is requested the authority closest to the location where duty to intervene. 2-all the maintenance of law and order agents shall provide assistance and cooperation to the official mentioned in the preceding paragraph and for the purposes referred to therein, when is your intervention sought and displayed the notification or the respective warrant. 3-If, despite the assistance and cooperation provided pursuant to the preceding paragraphs, the bailiff has not been able to carry out the notification or comply with the warrant, composes self of occurrence, in which indicates specifically that has steps and shall forward it without delay to the applicant or principal.

Article 116 unjustified 1 attendance-Missing In case of unjustified lack of attendance of person regularly summoned or notified on the day, time and place appointed, the judge condemns the wrongful payment of a sum between 2 10 UC and UC.


173 2-without prejudice to the provisions of the preceding paragraph, the judge may order, ex officio or at the request, the arrest of those who have been missing for as long essential to achieving unjustifiably of diligence and condemn the wrongful payment of costs occasioned by your no-show, in particular those related to notifications, mail room and displacements. In the case of the defendant, can still be applied as probation, if this is legally permissible. 3-If the lack is committed by the Prosecutor or by a lawyer constituted or appointed in the process, it is notified to the hierarchical superior or to the Bar Association. 4-is correspondingly applicable the provisions of article 68, paragraph 5.

Article 117 Justification the lack of 1-attendance is considered justified the lack motivated by fact not attributable to wrongful which renders them unable to attend in the procedural act for which it was summoned or notified. 2-the impossibility of attendance must be communicated with five days in advance, if predictable, and the day and time designated for the Act, if it is unpredictable. The communication concerned, under penalty of no justification for the lack, of their reason, the place where the wrongful can be found and the foreseeable duration of the impediment. 3-the evidence of the impossibility of attendance shall be submitted with the notification referred to in the preceding paragraph, except in the case of impediment unpredictable statement on the same day and time, in which case, for a justified reason, may be submitted to the 3rd working day following. Cannot be given more than three witnesses. 4-if alleged illness, wrongful presents a medical certificate specifying the failure or serious inconvenience in attendance and the probable time of duration of the impediment. The judicial authority may order the attendance of the doctor who signed the certificate and do check by another doctor the veracity of the claim. 5-if it is impossible to obtain a medical certificate, it is permissible to any other means of proof. 6-going on impossibility of attendance, but not to provide 174 or declarations affidavit, this will take place on the day, time and place that the judicial authority designate, listening to the doctor, if necessary. 7-the falsity of justification is punished, as appropriate, in accordance with articles 260.º and 360.º of the criminal code.

Title V of the nullities article 118 1-principle of legality the violation or failure to comply with the provisions of the law of criminal proceedings only determines the nullability of the Act when this is expressly in the law and propriety. 2-in cases where the law doesn't cominar nullability, the illegal act is irregular. 3-the provisions of this title shall be without prejudice to the rules of this code relating to prohibitions.

Article 119 Nullities insanáveis


Are insanáveis nothings, which should be declared ex officio at any stage of the procedure, other than as such are imposed in other legal provisions: a) the lack of number of judges or jurors who are to constitute the tribunal, or the violation of legal rules concerning the way to determine their composition; b) lack of promotion of the process of the public prosecutor, in accordance with article 48, as well as your absence to acts for which the law requires their appearance; c) the absence of the defendant or of your Defender, in cases where the law requires their appearance; d) the lack of investigation or, in cases where the law determine your obligation; and) violating the rules of jurisdiction of the Court, without prejudice to the provisions of the 175 article 32, paragraph 2; f) employment of special process outside the cases provided by law.

Article 120 the only nobody complaint dependent 1-Any nullity diverse than those referred to in previous article must be accused by the parties concerned and shall be subject to the discipline provided for in this article and in the next article. 2-Are the only nobody complaint dependent, beyond that are imposed on other legal provisions: a) the use of a form of process when the law determining the use of another, without prejudice to the provisions of subparagraph (f)) of the preceding article; b) the absence, for lack of notification, the wizard and the civil parties, in cases where the law requires their appearance; c) lack of appointment of interpreter, in cases where the law to consider compulsory; d) insufficiency of inquiry or instruction, because they have not been charged legally binding acts, and the subsequent omission of stagecoaches could he considers essential to the discovery of truth. 3-The nullity proceedings referred to in the previous paragraphs should be defendants: a) in the case of nullity of the Act to watch, before the Act is completed; b) in the case of the nullity referred to in subparagraph (b)) of the preceding paragraph, up to five days after being notified of the order designate a day for the hearing; c) in the case of invalidity relating to investigation or to education, until the closure of the debate or instrutório, there is no place the statement, until five days after the notification of the order that has closed the investigation; d) right at the start of the hearing in the forms of special process.

Article 121 curing of nullities 1-except in cases where the law provides otherwise, the nothings are remedied if procedural participants interested: 176 a) expressly Renounce argues them; b) have expressly accepted the effects the Act voidable; or c) if they have prevailed in College for which exercise the Act voidable if driving. 2-The nullities for lack or addiction or notification of Convocation for procedural act shall be remedied if the interested person to appear or forego the attend the Act. 3-Does-if the provisions of the preceding paragraph in cases where the person concerned attend only with the intention to argue the nullity.

122 effect of Declaration of nullity 1-The nullities make invalid the Act in which they occur, as well as those who depend on and those can affect. 2-the Declaration of nullity determines which documents that are considered invalid and orders, where necessary and possible, to your repetition, putting their expenses to be borne by the defendant, the wizard or the civil parties who have given cause, guiltily, to invalidity. 3-when declaring a nullity the judge takes advantage of all acts that still can be saved from the effects of that.

Article 123 Irregularities 1-Any irregularity of the proceedings only determines the invalidity of the Act to which it refers and of the subsequent terms which may affect when you have been accused by the interested parties in the Act itself or, if this has not assisted, during the three days following the date of that in which they have been notified to any term of the process or intervening in something it practiced. 2-you can sort themselves automatically to repair any wrongdoing, at a time when the same if you become aware, when she can affect the value of the act practiced.


177 BOOK III of the race title I General provisions Article 124 Subject of proof 1-Are the subject of proof all facts legally relevant to the existence or non-existence of the crime, the accused's punishable or not punishable and the penalty or safety measure. 2-If you have place civil request, are also the subject of proof the facts relevant to the determination of liability.

Article 125 legality of evidence are admissible evidence which are not prohibited by law.

Article 126 prohibited Methods of proof 1-Are null and void and may not be used, evidence obtained through torture, coercion or, in General, offensive physical or moral integrity of people. 2-offensive physical or moral integrity of people the evidence obtained, even with their consent, by: a) disturbing the freedom of will or decision through ill-treatment, assault, administration of any nature, hypnosis or cruel or deceitful means; b) disturbance, by any means, the capacity of memory or evaluation; (c)) use of force outside the cases and the limits allowed by law; d) threatens to legally inadmissible measure and with denial or conditioning of obtaining benefit legally laid down;


178 and) promise of legally inadmissible advantage. 3-except for the cases provided by law, shall also be null and void and may not be used evidence obtained through intrusion into private life, the home, correspondence or telecommunications without the consent of the right holder. 4-If the use of the methods of obtaining evidence provided for in this article constitute a crime, can those be used for the sole purpose of proceeding against the same agents.

Article 127 Free assessment of the evidence unless the law provides otherwise, the evidence is assessed in accordance with the rules of the experiment and the free conviction of the competent authority.

TITLE II of chapter I of the testimonial proof proof Article 128 object and limits of statement 1-the witness is about reporting facts that have direct knowledge and which are the subject of proof. 2-unless the law provides differently, before the time of the Court to proceed to the determination of the sentence or security measure applicable, to inquire about facts relating to the personality and the character of the accused, as well as to their personal conditions and your previous conduct, is allowed only to the extent strictly necessary for the proof of the constituent elements of the crime in particular the agent's fault, or for the application of coercive measure or guarantee.


179 article 129 indirect Statement 1-If the statement result than if you heard the persons, the judge may call these the stand. If you don't, the affidavit produced cannot, in that part, serve as evidence, unless the people's inquiry indicated it is not possible for psychic anomaly incidental death or inability to be found. 2-the provisions of the preceding paragraph shall apply to the case in which the statement result from reading document authored by a different person. 3-can not, under any circumstances, serve as evidence the testimony of who refuses or is unable to indicate the person or the source through which became aware of the facts.

Article 130 public Voices and personal convictions-1 is not admissible as testimony playback of voices or rumors. 2-the manifestation of mere personal convictions about facts or your interpretation is permissible only in the following cases and in strict measure them indicated: a) When it is impossible to cindi her statement about hard facts; b) When takes place on the basis of any science, art or technique; c) When occur at the stage of determination of the penalty.

Article 131 Ability and duty of witness 1-Any person who doesn't find prohibited for psychic anomaly has the capacity to be a witness and can only refuse in the cases provided for in the law. 2-the judicial authority verifies the physical or mental fitness of any person to provide testimony, when it is necessary to assess the your credibility and can be done without slowing of normal driving the process. 3-in the case of testimony of under 18 years in crimes against freedom and sexual self-determination, can take place expertise on personality.


180 4-the inquiries referred to in the preceding paragraphs, ordered prior to the statement do not prevent this produce.

Article 132 rights and duties of witnesses


1-unless the law provides differently, under the witness of duties: a) If present, in time and in place due to the authority by whom it has been lawfully called or notified, keeping to your disposal to be relieved by it; b) take an oath, when heard by judicial authority; c) obey the directions that are given him legitimately as to how to give evidence; d) Answer truthfully the questions addressed to it. 2-the witness is not obliged to answer questions when claiming that the replies results to your criminal accountability. 3-for the purpose of being notified, the witness can indicate your residence, work place or other domicile to your choice. 4-where should give evidence, although in the course of the public act prohibited the witness may be accompanied by a lawyer, that the reports, when necessary the understand Rights Watch, without intervening in the inquiry. 5-cannot follow a witness, in accordance with the provisions of the preceding paragraph, the lawyer who is defending accused in the process.

Article 133 1 Impediments-Are prevented from testifying as witnesses: a) the defendant and co-defendants in the same process or in related processes, while maintaining that quality; b) people who have made up of wizards, from the moment of the Constitution;


181 c) civil parties; d) experts for the skills that they have performed. 2-in the event of separation processes, the accused of the same crime or a related crime, even if already sentenced by final judgment, can only testify as witnesses if it expressly consent.

Article 134 Refusal of relatives and the like 1-Can refuse to testify as witnesses: a) the descendants, ascendants, brothers, like to the 2nd degree, the adopters, the adopted and the spouse of the accused; b) Who has been the accused's spouse or who, being of another or of the same sex, with him live or have lived in conditions similar to those of spouses in relation to facts that occurred during the marriage or cohabitation. 2-the competent authority to receive the statement warns, under penalty of nullity, the persons referred to in the preceding paragraph the College assists them to refuse the statement.

135.3 professional secrecy 1-the Ministers of religion or religious confession and the lawyers, doctors, journalists, members of credit institutions and other persons to whom the law permit or imposes that keep secret can opt out-whether to testify about facts he covered. 2-going on reasonable doubt about the legitimacy of the excuse, the judicial authority before which the incident has aroused shall make the necessary ascertainments. If, after these, the illegitimacy of the excuse, commands, or requires the Court to order, the provision of the statement. 3-the superior court that where the incident has been raised, or, in the case of the incident have been raised before the Supreme Court of Justice, the full criminal sections, may decide to provide testimony with breaking secret professional 182 whenever this is justified, in accordance with the principle of the prevalence of major interest, particularly taking into account the high dependence of the testimonial for the discovery of truth the severity of the crime and the need for protection of legal goods. The intervention is raised by the judge, ex officio or at the request. 4-in the cases provided for in paragraphs 2 and 3, the decision of the judicial authority or the Court is hearing the representative body taking the profession related to the professional secrecy concerned and with the effects laid down in legislation that is applicable to that body. 5-the provisions of paragraphs 3 and 4 shall not apply to secret religious.

Article 136 Secret 1-staff employees may not be asked about facts that are secret and that they have been aware in the performance of their duties. 2-is correspondingly applicable the provisions of paragraphs 2 and 3 of the previous article.

Article 137-1 State secret witnesses cannot be surveyed about facts that constitute a State secret. 2-the secret of the State referred to in this article shall cover, in particular, the facts, the disclosure, even though it does not constitute a crime, can cause damage to the internal or external security, the Portuguese State or the protection of constitutional order. 3-If the witness invoke State secrets, should this be confirmed within 30 days, through the Minister of Justice. After this term without confirmation has been obtained, the testimony must be provided.

Article 138 of the Rules 1-inquiry the testimony is a personal act that cannot, under any circumstances, be made by 183 via proxy. 2-the witnesses should not be suggestive or impertinent questions, or any other that may hinder the spontaneity and sincerity of the answers. 3-the inquiry should focus, first, on the elements necessary for the identification of the witness, about the relations of kinship and interest with the accused, the victim, the wizard, the civil parties and with other witnesses, as well as about any circumstances relevant to assessing the credibility of the statement. Then, if it is forced to pledge, must provide it, after which testify under and within legal limits. 4-When it's convenient, can be shown to witnesses any parts of the process, documents that he respect, instruments with which the crime was committed or any other objects seized. 5-If the witness present an object or document that can serve the proof, mention of your presentation and joins the process or be saved properly.

Article 139 Immunities, privileges and special measures of protection 1-Have application in criminal proceedings all the immunities and privileges set out in law regarding the duty to testify and the manner and place of provision of testimonials. 2-the protection of witnesses and other participants in proceedings against forms of threat, pressure or intimidation, particularly in cases of terrorism, violent or highly organized crime, is regulated in law. 3-Is guaranteed the possibility of contradictory legally permissible in the case.

CHAPTER II of the statements of the accused, the wizard and the civil parties 184 Article 140 statements by the accused: General rules 1-whenever the defendant give evidence, and yet who is detained or arrested, must be free on your person, unless they are necessary precautions to prevent the danger of escape or violence. 2-The statements by the accused is correspondingly applicable articles 128 and 138, unless the law provides differently. 3-the defendant takes an oath not under any circumstances.

Article 141 First judicial questioning accused detained 1-the defendant arrested that shouldn't be immediately judged is questioned by the examining magistrate within a maximum of 48 hours after the arrest, as soon as you are present with the detailed statement of the reasons for the detention and of the evidence based. 2-the interrogation is made exclusively by the judge, with the assistance of the Prosecutor and the defender and present the bailiff. Is not admitted to the presence of any other person, except that, for security reasons, the detainee should be kept in sight. 3-the defendant is asked by your name, affiliation, parish and County of birth, date of birth, marital status, occupation, residence, place of work, if you ever been arrested, when and why and whether or not convicted and for what crimes, shall be required, if necessary, the display of official document identification enough. Should be warned that the lack of response to these questions or the falsehood of the same can incur criminal liability. 4-Then, the judge informs the defendant: a) the rights referred to in paragraph 1 of article 61, explaining them if necessary; b) of the reasons for the detention; (c)) of the facts that you are specifically allocated, including, whenever they are known, the circumstances of time, place and mode; and 185 d) process elements that indicate the facts charged, where your communication does not put into question the investigation, not hinder the discovery of truth or creating danger to the life, physical or mental integrity or freedom of procedural participants or of victims of crime; getting all the information, except those provided for in point (a)), to be included in the auto. 5-Providing statements, the defendant can confess or deny the facts or your participation in them and indicate the causes which may exclude the unlawfulness or fault, as well as any circumstances that may be considered when determining your liability or the measure of sanction. 6-During the interrogation, the Prosecutor and the Defender, without prejudice to the right to argue nullity proceedings, they shall refrain from any interference, and the judge allow give rise to requests for clarification of the answers given by the defendant. After the interrogation, may require the judge to formulate that the relevant question for the discovery of truth. The people's Court, is not actionable by order, if the application is going to be done in the presence of the accused and on the relevance of the questions.

Article 142 Judge competent instruction


1-going on founded fear that the maximum period referred to in paragraph 1 of the preceding article is not sufficient to present the detainee to the examining magistrate responsible for the case, or it is not possible to introduce it within that period, the first judicial interrogation is done by the competent examining magistrate in the area in which the detention if you have operated. 2-If the questioning, made pursuant to the final part of the preceding paragraph, result in the need for measures of coercion or patrimonial warranty, these are immediately applied.

Article 143 first interrogation legal not defendant arrested 1-the accused in custody who is not questioned by the examining magistrate in action followed the 186 detention is submitted to the competent public prosecutor's Office in the area in which the detention if you have surgery, can hear him summarily. 2-the interrogation follows, on the applicable provisions concerning the first interrogation of accused judicial custody. 3-After the interrogation summary, the public prosecutor's Office, if you don't release the detainee, provides for it to be present to the examining magistrate pursuant to articles 141 and 142-4 in cases of terrorism, violent or highly organized crime, the Prosecutor may determine that the detainee does not communicate with anyone except the Defender, before the first interrogation.

Article 144 Other interrogations 1-The following interrogatories to defendant under arrest and interrogations of accused at large are made in the investigation by prosecutors and in the statement and on trial by the judge, following, in all applicable, the provisions of this chapter. 2-in the investigation, the interview referred to in the preceding paragraph may be made by criminal police body on which the prosecution has delegated to your accomplishment. 3-interrogations of accused under arrest are always made with the assistance of the Defender. 4-the entity conducting the interrogation of defendant in freedom informs you that you have the right to be assisted by a lawyer.

Article 145 Declarations and notifications of the wizard and the civil parties-1 To Assistant and civil parties statements may be taken to your application or the defendant or where the judicial authority deems appropriate. 2-the wizard and civil parties shall be subject to duty and criminal liability by your violation. 3-the provision of statements by the Assistant and civil parties shall be subject to the provision of testimonial evidence, unless it is manifestly inapplicable 187 and that the law provides differently. 4-the provision of claims by civil parties and is not preceded by oath. 5-for the purpose of being notified, the wizard or civil parties indicate your residence, work place or other domicile to your choice. 6-the local indication for the purposes of notification under the preceding paragraph, is accompanied by a warning to the wizard or civil parties of the change of address indicated shall be communicated through the delivery of application or your shipment by registered post to the Office where the record find themselves running right now.

CHAPTER III of proof by confrontation article 146 and Assumptions 1-procedure is permissible confrontation between co-defendants, between the defendant and his assistant, between witnesses or between these, the accused and the wizard whenever there is contradiction between his statements and the stage it would appear to be useful to the discovery of truth. 2-the provisions of the preceding paragraph is correspondingly applicable to civil parties. 3-the confrontation takes place ex officio or on application. 4-the entity that preside over the stage, after playing the claims, asks people acareadas that confirm or modify and, when necessary, to challenge those of other people, formulating them then the questions to understand convenient for clarification of the truth.

Chapter IV of the evidence for recognition Recognition of rule 147 people 1-When there is a need to proceed to the recognition of any person, the 188 person should identify that describe, with an indication of all the details of what you remember. Then asked if I'd seen before and under what conditions. Finally, is questioned about other circumstances which may influence the credibility of identification. 2-If the ID is not cabal, who deviates from duty to proceed to her and they are at least two people who have the greatest possible similarities, including clothing, with the person to identify. This last is placed next to them and, if possible, present himself under the same conditions in which could have been seen by the person who undertakes the recognition. This is then called and asked about if you recognize any of those present and, if so, how. 3-if there is reason to believe that the person named doing the ID can be intimidated or disturbed by the gross recognition and this has no place in the hearing, should the same be carried out, if possible, without that person is seen by identifying. 4-people that intervene in the process of recognition provided for in paragraph 2 are, if that consent, photographed, and the photographs together to auto. 5-the recognition for photography, film or recording under criminal investigation can only assert as evidence when it is followed by recognition carried out pursuant to paragraph 2. 6-The photographs, films or recordings that relate only to persons who have not been recognized can be together to auto, by its consent. 7-the recognition that you do not comply with the provisions of this article has no value as evidence, whatever stage of the process in which occur.

Article 148-1 objects recognition When there is a need to proceed to the recognition of any subject related to the crime, in accordance with the provisions of paragraph 1 of the preceding article, in all that is correspondingly applicable. 2-If the recognition let doubts, joins the subject to recognize with at least two other similar and ask the person if you recognize any of them and, if so, what 3-is correspondingly applicable. the provisions of paragraph 7 of the previous article.


189 Article 149 plurality of recognition 1-When there is a need to proceed to the recognition of the same person or the same subject for more than one person, each one of them do it separately, preventing communication between them. 2-When there is a need for the same person to recognize multiple people or multiple objects, the recognition is done separately for each person or each subject. 3-is correspondingly applicable articles 147 and 148 CHAPTER V of reconstitution of the fact that Article 150 assumptions and 1 procedure-When there is a need to determine whether a fact that could have occurred to some extent, it is permissible to your reenactment. This consists of the reproduction, as faithful as possible to the conditions in which it is stated or supposed to have occurred and in the repetition of the same mode. 2-the order to order the reconstitution of fact must contain a brief statement of your subject, the day, time and place in which the steps will occur and your gross shape, possibly with use of audio-visual media. In the same order can be designated expert for certain operations. 3-advertising of diligence should, as far as possible, be avoided.

CHAPTER VI of the expert evidence and (4) When the expert evidence takes place when the perception or the appreciation of the facts require special technical expertise, 190 scientific or artistic.

Article 152 who performs 1-the skill is performed on establishment, laboratory or appropriate officer service or, where this is not possible or desirable, for expert appointed from persons expert lists constants that exist in each judicial district, or, in your absence or inability to reply in due time and person of good repute and of recognized competence in the matter in question. 2-When the expertise is found of particular complexity or require knowledge of different materials, can she be accepted several experts working in collegiate or interdisciplinary molds.

Article 153 1 expert function performance-the expert is required to perform the function for which has been capably appointed, without prejudice to article 47 and the next number. 2-the expert appointed may request excuse based on lack of essential conditions for the achievement and expertise may be refused, for the same grounds, by prosecutors, by the defendant, by the wizard or by the parties, without prejudice, however, to the expertise if it is urgent or there is danger in delay. 3-the expert can be overridden by the judicial authority has appointed when not present the report within the time limit set or when play negligently the burden that has been committed. The decision to replace the expert is non-actionable. 4-Powered replacement, the overridden is notified to appear before the competent judicial authority and expose the reasons why it has not fulfilled the charge. If that consider gross violation of existing duties to replaced failed, the judge, ex officio or at the request, sentences to the payment of a sum between UC and UC 6 1.



191 Article 154 ordering the Dispatch 1 expertise-expertise is ordered, ex officio or at the request by order of judicial authority, containing the names of the experts and the summary statement of subject expertise, as well as, preceding the expert hearing, if possible, an indication of the day, time and place of efectivará. 2-in the case of expertise about psychic or physical characteristics of person there is no provided consent, the order provided for in the preceding paragraph is a matter for the judge to consider the need of your achievement, taking into account the right to personal integrity and privacy of the person concerned. 3-the order is notified to the public prosecutor, when the latter is not the your author, the defendant, the Assistant and civil parties, at least three days on the date indicated for the performance of the skill. 4-Does-if the provisions of the preceding paragraph: the cases) in which the expertise has place in the course of the investigation and the judicial authority ordering has reason to believe that her knowledge or its results, by the defendant, by the wizard or by civilians, could undermine the purposes of the investigation; b) an emergency or of danger in delay.

Article 155 1 Technical Consultants-ordered forensics, the Prosecutor, the accused, the wizard and the civil parties may designate to attend to the implementation of the same, if that is still possible, a technical consultant of your confidence. 2-the technical advisor can propose the implementation of certain representations and formulate observations and objections, which are included in the auto. 3-If the technical advisor is appointed following the attainment of skill, can, except in the case referred to in point (a)) of paragraph 4 of the preceding article, take note of the report. 4-the designation of a technical consultant and the performance of your function can delay the attainment of skill and the normal progress of the process.


192 Article 156 1 Procedure-experts provide commitment, the competent judicial authority, of its own motion or at the request of the experts or technical consultants, formulate questions when your existence is found convenient. 2-the judicial authority assisting, where possible and appropriate, the expertise, and the authority has ordered the accused's presence also allow and the wizard, unless the skill is likely to offend modesty. 3-If the lack of any diligence experts or clarification, require that these arrangements if these clarifications they may commit, or provided to them both and can be shown any acts or documents of the process. 4-the elements that the expert becomes aware in the course of their duties may be used only within the object and purpose of the skill. 5-The skills referred to in paragraph 2 of article 154 are performed by a doctor or other person legally authorized and cannot create a hazard to the health of the person concerned. 6-in the case of analyses of blood or other bodily cells, the tests carried out and the samples taken can only be used in the ongoing process or other already established, and shall be destroyed by order of the judge, as soon as you are not required.

Article 157 Expert Report 1-after the skill, the experts shall draw up a report, in which mention and describe their answers and duly substantiated conclusions. The experts may be requested clarification by the judicial authority, for the defendant, by civil parties and by technical consultants. 2-the report, soon after the completion of skill, can be dictated to the auto. 3-If the report cannot be drawn up soon after the completion of skill, is marked a period, not exceeding 60 days, for your presentation. In cases of special complexity 193, the period may be extended, at the request of the expert, no matter how reasoned 30 days. 4-If the knowledge of the results of the expertise is not essential to the judgment on the indictment or the pronunciation, the competent judicial authority may authorize that the report be presented to the opening of the hearing. 5-If the expertise is held by more than one expert and there is disagreement between them, presents each your report, as in interdisciplinary expertise. When it comes to expertise, can be the winning opinion and opinion.

Article 158 clarifications and new skill 1-at any time of the competent judicial authority may determine, on its own initiative or at the request, when it turns out to be of interest for the discovery of truth, that: a) the experts are called upon to provide additional clarifications and shall be communicated to them the day, time and place in which efectivará the stage; or b) is carried out new expertise or renewed previous expertise in charge of another or other experts. 2-the experts of establishments, laboratories or official services are heard by conference call from your workplace, where technically possible, being only necessary notification of the day and time at which your hearing will be.

Article 159 medico-legal and forensic Skills 1-The medico-legal and forensic skills that fall within the responsibilities of the National Institute of forensic medicine are held by delegations and by medico-legal offices. 2-exceptionally, in view of the impossibility of the services expresses expertise referred to in the preceding paragraph may be made by third parties, public or private, 194 contracted or indicated for that purpose by the Office. 3-in the counties not included in the area of the delegations and the medico-legal offices in operation, the medico-legal and forensic skills can be performed by doctors hired by the Institute. 4-The medico-legal and forensic skills requested the Office for the need of specialist medical training in other areas and which cannot be carried out by the Institute or by the medico-legal offices, not that there are experts with the required training or material conditions for your achievement, can be carried out by the Institute for University or public health service or private. 5-where necessary, the medico-legal skills and forensic laboratory in nature can be carried out by third parties, whether public or private, contracted or indicated by the Institute. 6-the preceding paragraphs is matched the expertise relating to psychiatric issues, on which they can participate also specialists in psychology and Criminology. 7-psychiatric expertise can be carried out at the request of the legal representative of the accused, the spouse not legally separated from persons and property or person of another or of the same sex, which with the accused live in conditions similar to those of spouses, descendants and adopted children, ascendants and adopters, or, in the absence of them, the brothers and their descendants.

Article 160(1)(a) Expertise about the personality 1-for the purposes of assessment of the personality and the danger of the accused can be the expertise about psychic characteristics independent of pathological causes, as well as about your degree of socialization. The expertise may be considered, in particular for the decision on the revocation of pre-trial detention, the agent's fault and the determination of the sanction. 2-the skill must be accepted specialized services, including the services of social reintegration, or, when this is not possible or appropriate, the experts in Criminology, sociology, psychology or psychiatry. 3-the experts may require information about the criminal record of the accused, 195 of them they need.

Article 188-the No. 1-Skills The skills referred to in articles 152 and 160 can be performed by third parties that for so long have been contracted by people who had to perform, since those don't have any interest in the issue or connection with the wizard or with the accused. 2-When, for technical reasons or service who have to perform forensics cannot, by itself or through third parties for both contractors, observe the deadline determined by the judicial authority, must immediately communicate this fact so that it can determine the possible designation of new expert article 161 Destruction of objects If the experts, to carry out the expertise , you need to destroy, change or severely compromise the integrity of any subject, requesting permission to such entity that has ordered forensics. Granted the authorization, is on the record the exact description of the subject and, where possible, your photo; in the case of document, is your copy, duly conferred.

Article 162 1-expert's remuneration where the expertise is made in establishment or for unofficial expert, the entity that has ordered the expert's remuneration fixed by reference to tables approved by the Ministry of Justice or, in your absence, taking into account the fees currently paid for services of the genus and the relief that were provided. 2-In case of replacement of the expert, in accordance with article 153, paragraph 3, can the competent authority determines that there is no way to pay for the replaced. 3-decisions on the remuneration, as appropriate, appeal or complaint hierarchical 196.

Article 163 Value of expert testimony


1-the technical, scientific or artistic judgment inherent to the expert evidence is presumed subtracted to the free enjoyment of the judge. 2-where the conviction of judge diverge of judgment contained in the opinion of the experts, should that justify the divergence.

Chapter VII of Article 164 documentary evidence Admissibility 1-is admissible evidence document, understanding for such a declaration, sign or notation, reflected in written or any other technical means in accordance with the criminal law. 2-the junction of documentary evidence is made ex officio or at the request, and cannot join document that contains anonymous statement unless it is, himself, object or element of the crime.

Article 165 When can join 1-documents the document should be along in the course of the investigation or of the statement and, not being possible, should be up to the closing of the hearing. 2-Is ensured, in any case, the possibility of contradictory, for realization of which the Court may grant a period not exceeding eight days. 3-the preceding paragraphs is correspondingly applicable to opinions of lawyers, jurist or of technicians, which can always be together until the end of the hearing.


197 article 166 Translation, decryption and transcription of documents 1-If the document is written in a foreign language, is ordered, where necessary, to your translation, in accordance with paragraph 6 of article 92 2-If the document is hardly readable, is done follow the transcription clarify, and if it is encrypted, it is subjected to expertise aimed at obtaining your decryption. 3-If the document consists of phonograph record, is, whenever necessary, transcribed in the records in accordance with article 10, paragraph 2, the Prosecutor, the accused, the wizard and the civil parties claiming the Conference, in your presence, of the transcript.

Article 167 probative value of mechanical reproductions 1-photographic reproductions, cinematographic works, phonograph or through electronic process and, more generally, any mechanical reproductions are worth only as evidence of the facts or things produced, are not unlawful under the criminal law. 2-do not consider themselves, in particular, for the purposes of illicit in the preceding paragraph mechanical reproductions that comply with the provisions of title III of this book.

Article 168 mechanical Reproduction of documents without prejudice to the provisions of the preceding article, when you can join the auto or save the original of any document, but only to your mechanical, this has the same probative value as the original, it has been identified in this or in another process.


198 Article 169 evidential value of authentic documents and authenticated facts are considered proven materials authentic or authenticated document constants while the authenticity of the document or the accuracy of the content your are not perfectly called into question.

Article 170 fake Document 1-the Court may, ex officio or at the request, declaring on the device of the sentence, even if that is of acquittal, a document attached to autos to false and, to that end, when deemed necessary and without delay, send process sensitive to and admit the proof required. 2-the device on the falsity of a document may be used independently, in the same terms in which could be used in the remaining part of the sentence. 3-in the case referred to in paragraph 1 and whenever the Court has stayed with founded suspicion of the falsity of a document, copy of this to the public prosecutor, to the effects of the law.

TITLE III of the taking of evidence chapter I Of article 171 tests 1-Assumptions through examinations of persons, places and things, inspect the traces that could have left the crime scene and the evidence concerning the manner in which and the place where was practiced, people that have committed or about which it was 199. 2-as soon as there is news of crime, provides to avoid, when possible, their traces go out or change before being examined, banning, if necessary, the entry into, or transit of persons at the crime scene or any other acts that may hinder the discovery of truth. 3-If the traces left by crime find themselves changed or have disappeared, describes the State in which they are people, places and things that might have existed, looking, as possible, rebuild them and describing the mode, the time and the cause of the alteration or disappearance. 4-While is not present on the local judicial authority or the competent criminal police body, any police officer take provisionally the arrangements referred to in paragraph 2, if otherwise there is imminent danger to obtain the evidence.

Article 172 entry for 1 exam-If someone want to avoid or prevent any examination due or provide something that should be examined, it can be bound by a decision of the competent judicial authority. 2-is correspondingly applicable the provisions of paragraph 2 of article 154 and paragraphs 5 and 6 of article 156 3 tests likely to offend the decency of the people must respect the dignity and to the extent possible, the modesty that they undergo. To test just watch who he proceed and the competent judicial authority, and may the examinee be accompanied to your trusted person, if there is danger in delay, and to be informed of that has this option.

Article 173 People on site 1 exam-the judicial authority or the competent criminal police agency may provide that any or some people if not stay away from the exam and force, with the assistance of the public force, if necessary, those who wish to move away from the 200 it retain while the exam finish and your presence is indispensable. 2-is correspondingly applicable article 171, paragraph 4.

CHAPTER II of the magazines and searches article 174 1-Assumptions when there is evidence that someone hides on your person any objects related to a crime or that may be required as evidence, is ordered magazine. 2-when there is evidence that the articles referred to in the preceding paragraph, or the accused or another person should be detained, are in place or not freely accessible to the public, is ordered search. 3-the magazines and the searches are authorized or ordered by the order by the competent judicial authority, and, where possible, to preside over the stage. 4-the order provided for in the preceding paragraph has a maximum shelf life of 30 days, under penalty of nullity. 5-Does the requirements contained in paragraph 3 the magazines and searches carried out by criminal police body where:) of terrorism, violent or highly organized crime, when there are signs of imminent practice based crime that put in serious jeopardy the life or health of any person; b) in which the concerned consent, provided that the consent provided stay, in any way, documented; or c) at the time of detention in flagrante by the corresponding prison sentence. 6-in the cases referred to in point (a)) of the preceding paragraph, the coach is, under penalty of nullity, immediately communicated to the investigating magistrate and appreciated in order to your validation.


201 Article 175 1 magazine-formalities before the magazine is delivered to the person concerned, except in the cases of paragraph 5 of the preceding article, a copy of the order that determined which does mention that may indicate, to witness the diligence, the person your trust and to report without delay. 2-the magazine must respect the personal dignity and, to the extent possible, the modesty of the person concerned.

Article 176 search Formalities 1-before the search, is delivered, except in the cases of paragraph 5 of article 174, whoever has the availability of the place where the stage is carried out, a copy of the order that determined which does mention that can watch the stage and do-follow or replace per person of your trust and to report without delay. 2-Missing people referred to in the preceding paragraph, the copy is, whenever possible, given to a relative, a neighbor, the doorman or someone to take your place. 3-Along with the search or during her may be the magazine of people that are in place, who order or carry out the search has reason to assume that the assumptions of article 174, paragraph 1 may also be made as there is in article 173 Article 177 raids 1-at home or in your dependency inhabited closed can only be ordered or authorized by the judge and carried out between 7 and 21 hours, on pain of nullity. 2-between 21 and 7 hours, the raids can only be performed in cases of Terrorism or crime: a) especially violent or highly organized; b) consent of the person concerned, documented in any way; c) Flagrante delicto for a crime punishable by imprisonment exceeding, in



your maximum 202, three years. 3-The House searches may also be ordered by prosecutors or be carried out by criminal police body: a) in the cases referred to in paragraph 5 of article 174, between the 7 and 21 hours; b) in the cases referred to in paragraph 1 (b)) and c) of the preceding paragraph, between 21 and 7 hours; 4-is correspondingly applicable the provisions of paragraph 6 of article 174 in cases where the raids are carried out by criminal police agency without consent of the person concerned and out of flagrante delicto. 5-in the case of search in Office of lawyer or doctor's Office, she is, under penalty of nullity, chaired personally by the judge, which warns the President of the local Council of the bar association or the order of Doctors, so that the same, or a delegate, your can be present. 6-in the case of search in establishing health officer, the notice referred to in the preceding paragraph is made to the President of the Governing Board or management of the establishment or the who legally replace.

CHAPTER III Of seizures Article 178 Articles liable to seizure and assumptions of this 1-Are seized objects that have served or were designed to serve the Commission of a crime, those who constitute the product, your profit, price or reward, and all objects that have been left by the agent at the scene or any other likely to serve the proof. 2-the objects seized are together to process, when possible, and when not, entrusted to the custody of the bailiff attached to the process or of a depositary, all making mention in auto. 3-The seizures are authorised, issued or validated by order of the judicial authority. 4-criminal police bodies can carry out arrests in magazines or searches or when there is an emergency or danger in delay, in accordance with 203 article 249, paragraph 2, point (c)). 5-The seizures carried out by criminal police body are subject to validation by the judicial authority, within a maximum of 72 hours. 6-holders of assets or rights subject to seizure may request the examining magistrate to modification or repeal of the measure. Is correspondingly applicable the provisions of article 68, paragraph 5. 7-If the objects seized are liable to be confiscated to the State and do not belong to the defendant, the judicial authority orders the presence of interested and listen to him. The judicial authority does not affect the presence of the person concerned when this is not possible.

Article 179 seizure of correspondence 1-under penalty of nullity, the judge may authorize or direct, by order, the seizure, even in post offices and telecommunications, letters, parcels, telegrams, values or any other correspondence, when you have founded reasons to believe that: a) the correspondence was issued by suspect or is directed, even if under different name or through a different person; b) is about crime punishable with imprisonment exceeding, in your more than three years; and (c)) the diligence will prove to be of great interest for the discovery of truth or evidence. 2-it is prohibited, under penalty of nullity, the seizure and any other form of monitoring of the correspondence between the accused and the your Defender, unless the judge has reasonable grounds for believing that that is object or element of a crime. 3-the judge has authorized or ordered the coach is the first person to take note of the content of the correspondence. If to consider relevant to the proof, make her join the process; otherwise, restore her, she may not be used as evidence, and is bound by duty of secrecy in relation to what has been informed and has no interest for the evidence.


204 Article 180 Seizure in Office of lawyer or doctor's Office 1-withdrawal operated in Office of lawyer or doctor's Office is correspondingly applicable the provisions of paragraphs 5 and 6 of article 177 2-in the cases referred to in the preceding paragraph is not allowed, under penalty of nullity, the seizure of documents covered by professional secrecy, or covered by professional secrecy doctor unless they are the subject or element of a crime. 3-is correspondingly applicable the provisions of paragraph 3 of the preceding article.

Article 181a Seizure in Bank establishment 1-the judge proceeds to the seizure in banks or other credit institutions, titles, values, amounts and any other objects, even if in individual safes, when have founded reasons to believe that they are related to a crime and will be of great interest for the discovery of truth or evidence even if they do not belong to the accused or not are deposited in your name. 2-the judge may examine the correspondence and any bank documentation for discovery of learning objects in accordance with the preceding paragraph. The examination is done personally by the judge, assisted, when necessary, by criminal police bodies and by qualified technicians, getting linked by duty of secrecy with regard to everything they have taken knowledge and interest for the evidence.

Article 182 article professional secrecy or employee and 1 State secret-The persons indicated in articles 135 to 137, submit to the judicial authority, where the order, documents or any objects that are in your possession and should be seized unless invoking, in writing, professional or official secret or top secret.


205 2-If the refusal if found in professional or official secrecy, is correspondingly applicable articles 135, paragraphs 2 and 3, and 136, paragraph 2. 3-If the refusal if found in a State secret, is correspondingly applicable article 137, paragraph 3.

Article 183 Copies and certificates 1-autos can be attached copy of the documents seized, restoring the original in this case. Making it necessary to conserve the original, it can be made copy or extracted and delivered the certificate who rightly held. In print and on the birth certificate is made express mention of the seizure. 2-auto of apprehension is delivered, whenever requested, who rightfully owned the document or object seized.

Article 184.º the affixing and survey of seals whenever possible, the objects seized are sealed. The survey of seals watch, being possible, the same people who have been present in your placing, which verify that the seals were not violated or was made any change in the objects seized.

Article 185 seizure of things without value, perishable, dangerous or perishable 1-If the apprehension respecting things without value, perishable, dangerous, damageable or whose use implies loss of value or qualities, the judicial authority may order, as appropriate, to your sale or allocation to public or socially useful purpose, conservation measures or necessary maintenance or your immediate destruction. 2-unless otherwise legal, judicial authority determines what form that must obey the sale, provided for in civil procedural law. 3-the product determined in accordance with the preceding paragraph reverts to the State after the 206 deduction of costs, conservation and sale.

Article 186 return of seized objects 1-Soon to become unnecessary to maintain the seizure for purposes of proof, the objects seized shall be returned to whom it may concern. 2-as soon as the sentence is made absolute, the objects seized shall be returned to the gentleman concerned, unless they have been confiscated in favour of the State. 3-people who should be returned objects are notified to carry out your survey within 90 days, after which shall bear the resulting costs from your deposit. 4-If the persons referred to in the preceding paragraph does not carry out the withdrawal within one year from the date of notification referred to in the preceding paragraph, shall be deemed to be lost to the State. 5-Caveat-if the preceding paragraphs that the seizure of objects belonging to the defendant or to the person in charge should be kept civil under precautionary seizure pursuant to article 228 Of CHAPTER IV, Article 187 § 1 Admissibility telephone tapping-the interception and recording of conversations or telephone communications can only be authorised during the investigation If there is reason to believe that the stage is essential to the discovery of the truth or that the evidence would otherwise impossible or very difficult to obtain, by reasoned order of the judge and upon request of the Prosecutor, as the crimes: a) punishable by imprisonment exceeding, in your more than three years; b) relating to drug trafficking; c) prohibited weapon and detention of arms trafficking; d) contraband;



207 e) of injury, threat, coercion, of private life and wanton disruption of peace and quiet, when committed by telephone; f) threat with crime or practice of abuse and simulated danger signals; or g) Of circumvention when the defendant has been convicted of any of the crimes referred to in the above. 2-the authorization referred to in the preceding paragraph may be requested to judge of the places where eventually can bring about the conversation or telephone communication or the headquarters of the entity responsible for criminal investigation, in the case of the following crimes: violent crime or Terrorism) highly organized; b) Kidnapping, abduction and hostage-taking; c) Against the cultural identity and personal integrity, provided for in title III of book II of the Penal Code, and provided for in the Criminal Law relating to violations of international humanitarian law; d) Against State security provided for in chapter I of title V of book II of the Penal Code; e) counterfeiting currency or securities treated as currency referred to in articles 262.º, 264, in so far as it refers to article 262.º, and 267, in so far as it refers to articles 262.º and 264 of the Penal Code; f) covered by Convention on safety of air navigation or sea. 3-in the cases referred to in the preceding paragraph, the authorization is carried out within a maximum of 72 hours, to the knowledge of the judge of the case, who is practicing the jurisdictional acts. 4-interception and recording provided for in the preceding paragraphs shall only be permitted, regardless of the ownership of the means of communication used, against: a) Suspect or accused; b) person who serve as an intermediary, for which there are reasonable grounds for believing that receives or transmits messages destined or proceeding from a suspect or accused; or c) victim of crime, by its consent, actual or presumed. 5-it is prohibited to interception and recording of conversations or communications between the accused and the your Defender, unless the judge has reasonable grounds for believing that they are 208 object or element of crime. 6-the interception and recording of conversations or communications are permitted for a period not exceeding three months, renewable for periods are subject to the same limit as long as you check their eligibility requirements. 7-Without prejudice to the provisions of article 248, the recording of conversations or communications can only be used in another process, or to establish, if you have a result of interception of means of communication used by a person referred to in paragraph 4 and to the extent that is essential for proof of crime provided for in paragraph 1. 8-in the cases referred to in the preceding paragraph, the technical support of conversations or communications and the dispatches that substantiate their interceptions are together, by order of the judge, the process to be used as evidence, being taken, where necessary, copies for that purpose.

Article 188 Formalities 1 operations-the criminal police body to carry out the interception and recording referred to in the previous article plowing the corresponding self and elaborate report indicates relevant passages for proof, succinctly describes the content and explains your reach for the discovery of truth. 2-the provisions of the preceding paragraph shall not prevent the criminal police body to carry out the investigation take informed of the content of the intercepted communication in order to be able to practice the precautionary acts necessary and urgent to ensure the means of evidence. 3-the criminal police body referred to in paragraph 1 takes the knowledge of Prosecutor of 3:00 pm 15 days from the beginning of the first interception carried out in the process, the corresponding technical support, as well as the related records and reports. 4-the public prosecutor leads to the knowledge of the judge the elements referred to in the preceding paragraph within a maximum of 48 hours. 5-To assess the content of conversations or communications, the judge is assisted, when convenient, by criminal police body and appoints, if necessary, an interpreter. 6-Without prejudice to the provisions of paragraph 7 of the previous article, the judge determines the immediate technical support 209 destruction and reports clearly strangers to the process: a) That relate the talks don't intervene persons referred to in paragraph 4 of the preceding article; b) covering matters covered by the professional secrecy of official or State; or c) Whose disclosure could seriously affect rights, freedoms and guarantees; getting all the players linked to the duty of secrecy regarding the talks that have taken note. 7-During the investigation, the judge determines, at the request of the Prosecutor, the transcript and the joint record of discussions and communications needed to substantiate the application of coercive measures or warranty sheet, with the exception of identity and residence. 8-from the termination of the investigation, the Assistant and the defendant may examine the technical support of the conversations or communications and obtain, at your expense, a copy of the parties wishing to transcribe to join the process, as well as of the reports provided for in paragraph 1, until the expiry of the time limit to apply for the opening of the statement or present challenges, respectively. 9-can only assert as evidence conversations or communications that:) the Prosecutor send transcribe the criminal police that have made the interception and recording and display as evidence in prosecution; (b)) the defendant transcribe from the copies referred to in the preceding paragraph and attached to the application for opening of the statement or the dispute; or c) the Assistant to transcribe from the copies referred to in the preceding paragraph and join the process by the deadline to apply for the opening of the statement, even if they do not resign or does not have legitimacy. 10-the Court may proceed to hearing the recordings to determine the transcripts already made or the junction to the new transcripts, whenever the need to understand the truth and good decision. 11-the people whose conversations or communications have been heard and transcribed can examine their technical support until the closure of the trial hearing. 12-The technical support relating to conversations or communications that are not transcribed to serve as evidence are kept in a sealed envelope, 210 the court order, and destroyed after the final transit of the decision that terminates the process. 13-After the final transit provided for in paragraph 1, the technical support that are not destroyed are kept in a sealed envelope, with the process, and can only be used in case of an extraordinary appeal.

Article 189-1 Extension-articles and 188 187 § is correspondingly apply to conversations or communications transmitted by any means other than telephone, namely technical e-mail or other forms of transmission of data via telematics, even if they are stored in digital form, and the interception of communications between present. 2-getting and junction to record data about the cell phone location records or conducting conversations or communications can only be ordered or authorized, at any appropriate stage of the proceedings, by order of the judge, as the crimes referred to in paragraph 1 of article 187 § and in relation to the persons referred to in paragraph 4 of the same article.

Article 180 Nullity the requirements and conditions referred to in articles 188 and 189-187 §, are established under penalty of nullity.

BOOK IV of the coercive measures and asset guarantee title I General provisions Article 191 211 1 principle of legality-the freedom of the people can only be limited in whole or in part, in terms of procedural requirements of precautionary nature, the measures of coercion and asset guarantee provided for in law. 2-for the purposes of this book, it is not considered coercive measure the obligation of identification before the competent authority, in accordance with the purposes set out in article 250 Article 192 General Conditions of application 1-the application of coercive measures and asset guarantee depends on the previous Constitution as defendant, in accordance with article 58, of the person who is the subject. 2-Any measure of coercion or endowment assurance is applied when there is a founded reason to believe in the existence of causes of exemption from responsibility or criminal procedure.

Article 193 principles of necessity, appropriateness and proportionality


1-the measures of coercion and asset guarantee to be applied in concrete must be necessary and appropriate precautionary requirements that apply for and proportionate to the gravity of the crime and the sanctions that may be applied predictably. 2-pre-trial detention and the obligation of residence in housing can only be applied when it is proving to be inadequate or insufficient other measures of coercion. 3-when you fit the case private coercion measure of freedom in accordance with the provisions of the preceding paragraph, should be given preference to stay in housing where it proves to be enough to satisfy interim requirements. 4-the implementation of the measures of coercion and asset guarantee must not affect the exercise of fundamental rights that are not incompatible with the requirements that require precautionary 212.

Article 194 application and your dispatch notification 1-with the exception of identity and residence, enforcement measures and asset assurance are applied by order of the judge during the investigation at the request of the public prosecutor and then the investigation even of its own motion, after hearing the public prosecutor. 2-During the investigation, the judge cannot apply coercive measure or guarantee assets graver than requested by prosecutors, under penalty of nullity. 3-the application referred to in paragraph 1 is preceded by a hearing of the accused, except in cases of duly substantiated impossibility and can take place in the first judicial interrogation Act, applying to audition the provisions of paragraph 4 of article 141 4-the rationale for the order to apply any coercive measure or guarantee assets, with the exception of identity and residence , contains, under penalty of nullity: a) the description of the facts specifically charged to the accused including, where are known, the circumstances of time, place and mode; b) the enunciation of the elements of the process that indicate the facts charged, where your communication I get seriously concerned the investigation, disable the discovery of truth or creating danger to the life, physical or mental integrity or freedom of procedural participants or of victims of crime; c legal qualification of the facts) allocated; d) the reference to the concrete facts which fulfil the conditions for application of the measure, including those laid down in articles 193 and 204 5-Without prejudice to the provisions of subparagraph (b)) of the preceding paragraph, cannot be relied upon in support of the application to the defendant of coercion or of warranty sheet, with the exception of identity and residence, any facts or elements of the process that you have not been disclosed during the hearing referred to in paragraph 3.213 6-without prejudice to the provisions of subparagraph (b)) of paragraph 4, the accused and the your Defender can refer to the elements of the process determining application of coercive measure or guarantee assets, with the exception of identity and residence, during questioning and the deadline for the filing of appeal. 7-the order referred to in paragraph 1, with the warning of the consequences of non-compliance with the obligations imposed, is served on the defendant. 8-in the case of pre-trial detention, the order is communicated immediately to the proponent and, whenever the defendant you wish, the parent or the person of your trust.

Article 195 Determination of the penalty If the application of a coercive measure depend on the applicable penalty, account shall be taken, in your determination, the maximum penalty for the crime that justifies the measure.

TITLE II measures of coercion admissible measures chapter I Article 196.º Term of identity and residence 1-the judicial authority or criminal police body subject to identity and residence term plowed in the process everyone who has accused, even though it has already been identified pursuant to article 250 2-in order to be notified by post simple in accordance with subparagraph (c)) of paragraph 1 of article 113, the accused indicates to your residence, work place or other domicile to your choice. 3-The term should appear that that notified:) from the obligation to appear before the competent authority or make available to her whenever the law force him or is duly notified;


214 b) The obligation not to change their place of residence nor her absence for more than five days without communicating the new residence or the place where it can be found; c) that subsequent notifications will be made by post to the address indicated in paragraph 2, unless the defendant communicate one another, through application delivered or sent by registered post to the Office where the record find themselves running right now; (d)) that the failure to comply with the provisions of the above legitimizes the representation by your advocate in all procedural acts in which he has the right or duty to be present as well as the completion of the hearing in your absence, pursuant to article 333.º-4 application of the measure referred to in this article is always cumulated with any other those provided for in this book.

Article 197 1-Guarantee If the imputed crime is punishable with imprisonment, the judge can impose on the accused the obligation to provide security. 2-If the accused is unable to act or has severe difficulties or drawbacks in provide, can the judge, ex officio or at the request, replace it with any or any other coercive measures other than pre-trial detention or obligation to stay in housing, legally fit to the case, which shall be added to others that have already been imposed. 3-In fixing the amount of the security shall take into account the purpose of precautionary nature, the seriousness of the crime charged, the damage this caused and the socio-economic condition of the accused.

Article 198 Obligation of periodic presentation 1-If the imputed crime is punishable by a maximum prison term of more than six months, the judge can impose on the accused the obligation to introduce a legal entity or a criminal police body in days and hours pre-set 215 taking into account the professional requirements of the accused and the place in which it inhabits. 2-the obligation of periodic presentation can be cumulated with any other coercive measure, with the exception of the obligation to stay in housing and of pre-trial detention.

Article 199.º suspension of the exercise of profession, activity, and function of rights 1 the crime charged is punishable by a maximum prison term of more than 2 years, the judge may impose on the defendant, cumulatively, if appropriate, with any other coercive measure, the suspension of the exercise: a) by profession, function or activity, public or private; b) parental responsibility, guardianship, custodianship, administration of assets or issuing debt securities; whenever the ban its exercise may be declared as effect of the crime charged. 2-When referring to public function, profession or activity whose exercise depends on a public title or an authorization or approval of a public authority, or the exercise of the rights provided for in subparagraph (b)) of the preceding paragraph, the suspension shall be notified to the administrative, civil or judicial authority normally competent to enact the suspension or disbarment.

200th article ban and impose conduct 1-if there is strong evidence of practice of felony punishable by a maximum prison term of more than three years, the judge may impose on the defendant, cumulative or separately: the obligations) do not stay or not stay without permission, in the area of a particular village, parish or municipality or the residence where the crime has been committed or where dwell the offended their relatives or other persons that may be committed new crimes; b) Don't leave abroad, or not leave without authorization; c) does not leave the village, parish or County of your residence, or 216 not leave without permission, except for predetermined places, in particular to the place of work; d) No contact by any means, with certain people or not attend certain places or certain means; and Don't buy, don't use) or, within which it is set, delivering weapons or other objects and utensils holding, capable of facilitating the Commission of another crime; f) exposing, through prior consent, treatment of dependence that is suffering and there's favored crime practice in appropriate institution. 2-The authorizations referred to in the preceding paragraph may, in urgent cases, be requested and granted verbally, tilling-if quota in the process. 3-prohibition of the defendant leave abroad implies delivery to the custody of the Court in the Passport that possess and the communication to the competent authorities, with a view to not granting or non-renewal of passport and border controls. 4-the implementation of the measures provided for in this article may be added to the measure contained in article 198 Article 201 obligation to stay in housing


1 consider inadequate or insufficient, in this case, the measures referred to in the preceding articles, the Court may impose on the accused the obligation not to leave or not to leave without permission, the housing or another in which currently resides, if there is strong evidence of practice of felony punishable by a maximum prison term of more than three years. 2-the obligation to stay in housing may be added to the obligation not to contact, by any means, with certain people. 3-For the enforcement of the obligations referred to in the preceding paragraphs can be used technical means of remote control, pursuant to the law.


217 Article 202 remand 1 consider inadequate or insufficient, in this case, the measures referred to in the preceding articles, the Court may require the defendant to pre-trial detention when there is strong evidence: a) practice of intentional crime punishable by a maximum prison term of more than 5 years; b) there is strong evidence of a felony offense of terrorism, violent or highly organized crime punishable with maximum imprisonment of more than 3 years; or c) in the case of a person who has entered or stays illegally in national territory, or against which ongoing extradition or expulsion process. 2-Showing that the accused to submit to pretrial detention suffer from mental abnormality, the judge can impose ear defender and, whenever possible, a family member, that while anomaly persists, instead of prison take place preventive internment in a psychiatric hospital or another appropriate analogue establishment and take the precautions necessary to prevent the dangers of escape and of committing new crimes.

Article 203 violation of obligations 1-In case of violation of the obligations imposed by the application of a coercive measure, the judge, having regard to the seriousness of the crime imputed and the reasons for the breach, can impose another or other measures of coercion provided for in this code and admissible in the case. 2-the judge can impose pre-trial detention in accordance with the provisions of the preceding paragraph, when the defendant fails to comply with the obligation to stay at home, even if the crime fit maximum imprisonment not exceeding 5 years and more than 3.

CHAPTER II conditions for the application of Article 218 article 204 General requirements No coercive measure, except as provided for in article 196.º, may be applied in concrete if not check, at the time of application of the measure: the Escape or escape danger); b) Danger of disturbance of the course of the investigation or procedure and, in particular, danger to the acquisition, preservation or veracity of the evidence; or c) Danger, due to the nature and circumstances of the crime or the personality of the accused, that this continue criminal activity or disturb the public order and tranquillity.

Article 205 Cumulation with the collateral applying any coercive measure, except in the case of pre-trial detention or the obligation to stay in housing, can always be cumulated with the obligation to provide security.

Article 206 Provide collateral 1-the collateral is provided through deposit, pledge, mortgage, bank guarantee or bail, concrete terms in us that the judge admit. 2-the judge's authorization, may Precedes the defendant who has provided security for any one of the means referred to in paragraph 1 shall replace it with another. 3-the provision of collateral is processed by attached. 4-The defendant pay no collateral is correspondingly applicable Article 228 Article 219 207 Strengthening collateral 1, later having been given collateral, are known circumstances that become inadequate or involve the modification of the mode of provision, can the judge impose your reinforcement or modification. 2-is correspondingly applicable article 197, paragraph 2, and article 203 Article 208 of the security Break 1-the collateral is considered broken when the accused the unwarranted lack procedural act that should attend or breach of obligations derived from coercive measure that has been imposed. 2-Broken bail, your value reverts to the State.

Article 209 difficulties of application or implementation of a measure of coercion for the purposes of implementation or enforcement of a coercive measure is correspondingly applicable article 115 Article 210.º Inêxito the steps for implementation of custody If the judge have elements to suspect that a person intends to circumvent the application or execution of pre-trial detention You can apply immediately, until the execution of the measure if the budget, the measures provided for in articles 198 to 201, inclusive, or any or some of them.

Article 211 suspension of execution of pre-trial detention 1-In order to apply pre-trial detention or during the execution of this judge may establish 220 the suspension of execution of the measure, if such is required by reason of serious illness of the accused, of pregnancy or puerperium. The suspension shall cease as soon as they stop the circumstances that determined and anyway, in the case of puerperium, when runs out the 3rd month after childbirth. 2-During the period of suspension of execution of remand the accused is subject to the measure provided for in article 201 and any others that are appropriate for your State and compatible with him, notably the hospitalisation.

CHAPTER III of the revocation, amendment and revocation of measures Article 212.º repeal and replacement of 1 measures-measures of coercion are immediately revoked by order of the judge, if:) have been applied outside of hypotheses or the conditions laid down in the law; or b) Have ceased to exist without the circumstances that justified the your application. 2-repealed measures can be applied again, without prejudice to the unity of the law establish deadlines, if reasons arise with regard to legally justify to your application. 3-when an attenuation of the precautionary requirements that determined the application of a coercive measure, judge replaces it by another less serious or less serious of determines your execution. 4-the repeal and substitution provided for in this article take place ex officio or at the request of the Prosecutor or the accused, which must be heard, except in cases of duly substantiated impossibility. If, however, the judge dismiss the claim of the defendant manifestly unfounded, sentences to the payment of a sum between UC and UC 20 6.


221 Article 213 review of assumptions of pre-trial detention and the obligation of residence in housing 1-the judge shall ex officio review of the assumptions of pre-trial detention or the obligation to stay in housing, deciding if they are to keep or must be replaced or revoked:) within 3 months from the date of your application or the last review; and (b)) When the proceedings are delivered order of prosecution or pronunciation or decision to meet, the final, subject matter of the procedure and does not determine the extinction of the measure applied. 2-in the decision referred to in the preceding paragraph, or where necessary, the judge verifies the fundamentals of lifting time limits of pre-trial detention or the obligation to stay in housing, under the terms and for the purposes of paragraphs 2, 3 and 5 of article 215, and in paragraph 3 of article 218-3 where necessary , the judge hears the Prosecutor and the defendant. 4-in order to substantiate the decisions about maintenance, replacement or revocation of pre-trial detention or the obligation to stay in housing, the judge, ex officio or at the request of the Prosecutor or the accused may request the preparation of expertise about the personality and social report or information of social reintegration services, since the defendant consents on your accomplishment. 5-the decision to keep the custody or the obligation to stay in housing is likely to feature in general terms, but does not determine the adjudicate of appeal brought prior decision that there should be applied or maintained the measure in question.

Article 214 Extinction 1 measures-measures of coercion quenching immediately: a) archiving of the investigation; (b)) with the delivery of the order not to pronunciation; (c)) with the delivery of the order to reject the prosecution, in accordance with subparagraph (a)) 222 of paragraph 2 of article 311; (d)) With the sentence of acquittal, even if her appeal was; or e) With the final transit of the enforceable judgment. 2-the measures of preventive detention and the obligation of residence in housing also immediately cease to exist when it is rendered enforceable judgment, even if her appeal was, if the penalty is not higher than the jail or the obligation to stay ever suffered. 3-in the case of point (d)) of paragraph 1, the defendant is later convicted in the same process, can, while the enforceable judgment is made absolute, not be subject to coercive measures provided for in this code and admissible in the case. 4-If the measure of coercion is that of security, and the defendant will be sentenced in prison, that only extinguished with the beginning of the execution of the sentence.

Article 215 Periods of maximum pre-trial detention


1-pre-trial detention expires when, from your home, have elapsed: the) Four months without charge has been deducted; b) Eight months without having place the statement, has been rendered decision rules; c) 1 year and 2 months without conviction at first instance; d) 1 year and 6 months without conviction with traffic. 2-the periods referred to in the preceding paragraph are high, respectively, for 6 months, 10 months, 1 year and 6 months and 2 years, in cases of terrorism, violent or highly organized crime, or when for crimes punishable with maximum imprisonment of more than 8 years, or for crimes: a) provided for in articles 299, 312, paragraph 1, 315 paragraph 2, 318, no. 1, 319.º, 326, 331.º or 333.º, paragraph 1, of the Penal Code; b) of theft of vehicles or falsification of documents they respect or designation of vehicles; c) counterfeiting currency, securities, valuables, and similar stamps or sealed their passage; d) Of fraud, fraudulent bankruptcy, damaging public sector administration or cooperative, forgery, corruption, embezzlement or 223 in business economic participation; and) bleaching benefits of illicit origin; f) of fraud in obtaining or diverting subsidies, subsidy or credit; g) Covered by Convention on safety of air navigation or sea. 3-the periods referred to in paragraph 1 are high, respectively, for 1 year, 1 year and 4 months, 2 years and 6 months, and 3 years and 4 months, when the procedure is for one of the crimes referred to in the preceding paragraph and to be of exceptional complexity, due, in particular, the number of defendants or offended or the highly organized nature of the crime. 4-the exceptional complexity referred to in this article may only be declared in the first instance, by reasoned order, ex officio or at the request of the Prosecutor, the defendant and ears. 5-the periods referred to in (c)) and d) of paragraph 1, as well as the correspondingly referred to in paragraphs 2 and 3, are appended six months if there has been recourse to the Constitutional Court or if criminal proceedings have been suspended for trial in another court to question. 6-in the case of the accused have been sentenced to imprisonment at first instance and the enforceable judgment have been confirmed on appeal, the maximum period of pre-trial detention amounts to half the penalty that has been fixed. 7-the existence of several cases against the accused for crimes committed before being applied to pre-trial detention does not permit exceeds the time limits laid down in the preceding paragraphs. 8-count limits of maximum pre-trial detention are included the periods in which the defendant has been under an obligation to remain in housing.

Article 216 of the Suspension during the periods of maximum duration of pre-trial detention during the time limits laid down in the preceding article shall be suspended in the event of illness of the defendant which requires hospitalisation, if your presence is indispensable for the continuation of the investigation.


224 Article 217 release of accused subject to pre-trial detention 1-the defendant subject to pre-trial detention is set free as soon as the measure become extinct unless the prison duty keep by another process. 2-If the release takes place by having exhausted the periods of maximum duration of pre-trial detention, the judge may subject the defendant to any or some of the measures provided for in articles 197 the 200th, inclusive. 3-when you consider that the release of the accused could create danger for the victim, the Court informs the date on which the release will take place.

Article 218 maximum duration periods of other coercive measures 1-The coercive measures provided for in articles 198 and 199.º quenching when, from the beginning of your implementation, have elapsed the periods referred to in article 215, paragraph 1, raised twice. 2-the measure of coercion provided for in article 200th is correspondingly applicable articles 215 and 216 3-the measure of coercion provided for in article 201 is correspondingly applicable articles 215, 216 and 217 of the challenge modes CHAPTER IV, Article 219-1 Feature Just the accused and the Prosecutor for the benefit of the accused may appeal the decision to apply , keep or replace measures provided for in this title. 2-there is no relationship of lis pendens or res judicata between the appeal referred to in paragraph 1 and the Providence of habeas corpus, regardless of the reasons. 3-the decision to reject the application, revoke or declare extinct 225 measures provided for in this title is non-actionable. 4-the feature is judged within a maximum period of 30 days from the time the record is received.

Article 220 Habeas corpus because of illegal detention 1-the detainees to any authority can apply to the examining magistrate of the area where they find themselves to order the immediate Court your presentation with any of the following grounds: a) Be exceeded the time limit for delivery to the judiciary; b) keep holding out places legally allowed; (c)) have been the arrest carried out or ordered by an incompetent authority; d) Be motivated by detention for which the law does not allow. 2-the application may be signed by the detainee or by any citizen in the enjoyment of their political rights. 3-is punishable by the penalty provided for in article 382.º of the Penal Code any authority to raise an illegitimate obstacle to the presentation of the request referred to in the preceding paragraphs or to your consignment to the competent judge.

Article 221-1 Procedure Received the request, the judge, if not consider manifestly unfounded, ordering, by telephone, if necessary, the immediate presentation of arrested, under the penalty of disobedience. 2-in conjunction with the order referred to in the preceding paragraph, the judge sends notify the entity that has the prisoner to your guard, or who can represent them, to perform the same Act provided with the information and clarifications necessary for the decision on the application. 3-the judge decides, heard the Prosecutor and defender constituted or appointed for this purpose. 4-If the judge refuses the application for manifestly unfounded, condemns the applicant a sum between UC and UC 20 6.


Article 222.º 226 Habeas corpus because of illegal arrest 1-any person who illegally prey meet Supreme Court Justice grants, under Providence petition of habeas corpus. 2-the application is formulated by the arrested or by any citizen in the enjoyment of their political rights, are addressed, in duplicate, to the President of the Supreme Court of Justice, submitted to the authority to which that order is kept locked up and must be based on illegality of the arrest from:) Have been carried out or ordered by an incompetent authority; b) Be based on the law for which no permits; or c) remain beyond the period prescribed by law or by judicial decision.

Article 223 1 Procedure-the petition is submitted to the President of the Supreme Court of Justice, with information about the conditions under which it was made or remains in prison. 2-If the information that the prison is maintained, the President of the Supreme Court of Justice shall convene the criminal section, which shall act in the eight days of notifying the Prosecutor and the defender and naming this, if it is not already set up. Are correspondingly applicable articles 424.º and 435.º 3-the rapporteur makes an exhibition of petition and response, after which the floor is given for fifteen minutes, the Prosecutor and the Defender; the section gathers for deliberation, which is immediately made public. 4-the decision may be taken in the sense: to refuse the request for lack) of Foundation enough; b) Send immediately the attached to the order of the Supreme Court of Justice and the place to be indicated by appointing a judge to carry out investigations, within the time limit is fixed, on the conditions for legality of arrest; c) Send present stuck in the competent court within 24 hours, under the penalty of disobedience; or 227 d) Declare illegal the arrest and, if appropriate, order the immediate release. 5-Having been ordered investigations, in accordance with point (b)) of the preceding paragraph, is the report presented to the criminal section, the end of the decision that the case fits within the period of eight days. 6-If the Supreme Court deems the petition of habeas corpus to be manifestly unfounded, condemns the peticionante to payment of a sum between UC and UC 30 6.

Article 224 the decision is punishable by the penalties provided for in article 369, paragraphs 4 and 5, of the Penal Code, as the case may be, the failure to comply with the decision of the Supreme Court on the petition of habeas corpus, on the treatment to the person arrested.

CHAPTER V compensation for unlawful or unjustified deprivation of liberty Article 225a Modalities


1-Who have suffered arrest, provisional detention or obligation to stay in housing may apply, before the competent court, compensation for damages incurred when: a) the deprivation of liberty is unlawful, under paragraph 1 of article 220 of the Treaty or of paragraph 2 of article 222.º; b) deprivation of liberty if you have due to gross error in the assessment of the assumptions of fact relied on; or (c)) it is established that the accused was not crime or agent acted justifiably. 2-in the case of paragraph 1 (b)) and c) of the preceding paragraph the obligation to indemnify shall cease if the defendant has run, by intent or negligence, for the deprivation of your freedom.


Article 226 and 228 1 legitimacy-a claim cannot in any circumstances be proposed after a year on the time that the detainee or prisoner was released or was definitely decided the criminal process. 2-In case of death of the unjustifiably deprived of freedom and since there has been no waiver of your part, can compensation be claimed by the spouse separated from persons and property, by descendants and ascendants. The compensation referred to people that any defendant cannot, however, in your set, overcome it would be arbitrated to detained or arrested.

TITLE III measures to guarantee economic Security 227.º Article 1 heritage-founded fear of missing going on or reduce substantially the guarantees of payment of the pecuniary penalty, the costs of the proceedings or of any other debt to the State related to the crime, the public prosecutor's Office requires that the defendant pay security deposit. The application indicates the terms and manner in which it must be provided. 2-going on founded fear of missing or reduce substantially the guarantees of payment of compensation or other civil obligations derived from the crime, the victim may request that the defendant or the civilly responsible pay economic bail pursuant to paragraph 1. 3-the economic security provided at the request of the Prosecutors enjoy the victim. 4-the economic guarantee remains distinct and autonomous as regards the security referred to in article 197 and subsists until the final decision of acquittal or extinguishing obligations. In the event of conviction are paid by your value, successively, the fine, the justice, the costs of proceedings and compensation and other civil obligations.


Article 229 228 preventive attachment 1-at the request of the Prosecutor or of the victim, can the judge decreed the arrest, under the law of civil procedure; If you have been previously fixed and not provided economic security, is the applicant dismissed founded proof fear loss of warranty. 2-the preventive attachment referred to in the preceding paragraph may be granted even for the merchant. 3-the order has decreed attachment does not have suspensory effect. 4-In case of dispute about the ownership of the goods seized, can the judge refer the decision to civil court, maintaining however the arrestment decreed. 5-the arrestment is revoked at any time in which the defendant or the civilly liable pay the bail imposed economic.

BOOK V relations with foreign authorities and international judicial entities title I General provisions Article 229a Prevalence of agreements and international conventions The rogatory, extradition, the delegation of the criminal procedure, the effects of foreign criminal judgments and other relations with foreign authorities relating to the administration of criminal justice are governed by international treaties and conventions and, in your absence or insufficiency , by the provisions of law and the provisions of this book.


230 article 230 Rogatory abroad 1-Without prejudice to the provisions of the previous article, the rogatory to foreign authorities are delivered to the public prosecutor for dispatch. 2-The rogatory to foreign authorities are only passed when the competent judicial authority to understand that are necessary for the proof of any fact essential to the prosecution or to the defence.

Article 231.º reception and compliance with rogatory 1-The rogatory are received for any via, the Prosecutors promote your compliance. 2-the decision of compliance with rogatory addressed to Portuguese judicial authorities it is up to the judge or the Prosecutor, within their respective competences. 3-Received the request that shouldn't be accomplished by prosecutors, you are given a view object to comply with what it deems convenient.

Article 232 refusal of compliance with rogatory 1-compliance with rogatory is refused in the following cases: a) When Bush judicial authority does not have competence for the Act; b) when the request to act which the law prohibits or is contrary to public order; c) when execution of rogatory is offending against the sovereignty or security of the State; d) When the Act involve execution of foreign court decision subject to review and confirmation and if not show magazine and confirmed. 2-in the case referred to in point (a)) of the preceding paragraph, the judicial authority Bush sends the request to the competent judicial authority, if this is.


231 Article 233 cooperation with international judicial entities article 229 shall apply, mutatis mutandis, to cooperation with international judicial entities established under treaties or conventions linked to the Portuguese State.

TITLE II of the review and confirmation of foreign penal sentence article 234 Need review and confirmation 1-When, by virtue of the law or of treaty or Convention, a foreign penal sentence must have efficacy in Portugal, the Executive force depends on your prior review and confirmation. 2-at the request of the person concerned can be confirmed, in the same process of review and confirmation of foreign penal sentence, the conviction in civil compensation in the same. 3-the provisions of paragraph 1 has no application when the foreign penal sentence is invoked in Portuguese courts as evidence.

Article 235 1-competent jurisdiction is to review and confirm the relationship of the judicial district in which the defendant has the last domicile or, in your absence, is found, or in which the last domicile or is found the largest number of defendants. 2-If it is not possible to determine the Court with jurisdiction in accordance with the provisions of the preceding paragraph, the Court of appeal of Lisbon. 3-If the review and confirmation is requested only in respect of part of the criminal sentence, she is responsible for the judicial district where the respective effects should be worth.


232 Article 236 Legitimacy Have legitimacy to call for the review and confirmation of foreign penal sentence the Prosecutor, the accused, the wizard and the civil parties.

Article 237 1-confirmation Requirements for confirmation of foreign penal sentence is necessary to check the following conditions: a) Which, by law, treaty or Convention, the sentence can be enforceable in Portuguese territory; (b)) That the fact that the conviction be punishable by Portuguese law; (c)) that the sentence did not sentence or security measure applied prohibited under Portuguese law; (d)) That the defendant was assisted by defender and when to ignore the language used in the proceedings, an interpreter; and that Treaty or) otherwise, the sentence does not respect the qualifying crime, according to the Portuguese law or the law of the country in which the judgment was given, of a crime against State security. 2-Worth correspondingly for confirmation of foreign penal sentence, in part applicable, the requirements of the law of civil procedure does depend on the confirmation of foreign civil sentence. 3-If the foreign penal sentence has applied pity that Portuguese law does not provide for or pity that Portuguese law provides for, but to an extent greater than the legal maximum admissible, the sentence is confirmed, but the penalty turns in the case fit according to the Portuguese law or reduces to the appropriate limit. Without prejudice, however, to confirm the application by the foreign sentence of sentence in less than the minimum limit permissible by law.


Article 233 238 other feasibility checking if all the requirements needed for confirmation, but is extinct, according to Portuguese law, the criminal procedure or, by prescription, Amnesty, or any other cause, the confirmation is granted, but the enforceability of the penalties or security measures applied is denied.

Article 239.º start of execution the execution of foreign criminal sentence confirmed does not start while the convict does not comply with feathers or security measures of the same nature in which has been sentenced by the courts.

Article 240 bis procedure on the procedure of review and confirmation of foreign penal sentence follow the procedures of the law of civil procedure in all if not in law, as well as in previous articles and still under the headings: the relationship decision) appeal, brought and prosecuted as criminal resources, to the criminal section of the Supreme Court of Justice; (b)) the Prosecutor is always entitled to appeal.

PART II BOOK VI of the preliminary stages title I General provisions


CHAPTER I of Article 234 241 crime news News Acquisition of crime prosecutors acquires crime news for knowledge itself, through the criminal police bodies or by complaint under articles following.

Article 242 Complaint 1-mandatory reporting is mandatory, even if the agents of the crime are unknown:) To police authorities, in respect of all the crimes that make knowledge; b) for employees, within the meaning of article 386.º of the Penal Code, as the crimes that make knowledge in the performance of their duties and for them. 2-where several persons are liable to termination of the same crime, your presentation for one dismissal. 3-When referring to crime whose procedure depends on complaint or private prosecutor, the complaint can only place the establishment of investigation if the complaint is lodged within legally provided for.

1 news article 243 Auto-whenever a judicial authority, a criminal police body or other entity officer observe any obligatory withdrawal crime up or send up auto news, where you mention: a) the facts which constitute the crime; (b)) the day, time, place and circumstances in which the crime was committed; and (c)) anything you can find out about the identification of agents and of the offended, as well as the evidence known, including witnesses who can testify about the facts.


235 2-auto news is signed by the entity that raised and sent up. 3-auto news must be referred to the public prosecutor as soon as possible, which may not exceed 10 days, and it's worth as a complaint. 4-in the case of connection, in accordance with articles 24 et seq., can lift a single auto news.

Article 244 optional Complaint anyone has news of a crime can report him to the public prosecutor, the judicial authority or criminal police bodies, unless the respective procedure depend on complaints or private prosecutor.

Article 245 Complaint the principal incompetent for the complaint procedure done different entity of the public prosecution service is transmitted to this at the earliest opportunity, which may not exceed 10 days.

Article 246.º form, content and species of 1 complaints-the complaint may be made verbally or in writing and is not subject to special formalities. 2-the verbal complaint is reduced to writing and signed by the entity that receives and the complainant duly identified. Is correspondingly applicable the provisions of article 95, paragraph 3. 3-the complaint contains, to the extent possible, an indication of the items referred to in points (a) of paragraph 1 of article 4 243-the complainant can declare, in the complaint, which want to become Assistant. In the case of murder whose procedure depends on private prosecutor, the Declaration is mandatory, and, in this case, the judicial authority or criminal police body to whom the complaint is made verbally advise the complainant of the 236 mandatory establishment of Wizard and the procedures to be observed. 5-the anonymous tip can only determine the opening of the inquiry) evidence of practice retreat her of crime; or (b)) constitutes a crime. 6-in the cases referred to in the preceding paragraph, the judicial authority or competent criminal police body shall inform the holder of the right of complaint or participation of the existence of the complaint. 7-When the anonymous tip does not determine the opening of the investigation, the competent judicial authority promotes your destruction.

Article 247.º communication, registration and certificate of termination 1-the Prosecutor informs the victim of crime news, where it has reason to believe that he doesn't know her. 2-the Prosecutor proceeds or have to enter all the complaints transmitted to it. 3-the complainant may, at any time, apply to the registration certificate of the public prosecutor.

CHAPTER II precautionary measures and article 248 police crime news communication 1-The criminal police bodies that have news of a crime, by personal experience or upon complaint, transmit it to the public prosecutor's Office at the earliest opportunity, which may not exceed 10 days. 2-applies the provisions of the preceding paragraph the crime clearly unfounded news that have been transmitted to the criminal police bodies. 3-In case of emergency, the transmission referred to in the preceding paragraph may be made by any means of communication for this purpose available. Oral communication should, however, be followed by written communication.


237 article 249 precautionary measures regarding evidence 1-it is the responsibility of the criminal police bodies, even before they received the order of the competent judicial authority to carry out investigations, practice the precautionary acts necessary and urgent to ensure the means of evidence. 2-they, in particular, in accordance with the provisions of the preceding paragraph: a) to carry out scans of the traces of the crime, in particular the arrangements provided for in article 171, paragraph 2, and article 173, ensuring the maintenance of the State of things and places; b) gathering information of people who facilitate the discovery of crime and your replenishment; c) make arrests in magazines or search or in case of emergency or danger in delay, as well as precautionary measures necessary for the preservation or maintenance of the goods seized. 3-even after the intervention of the judicial authority, it is for the criminal police bodies to ensure new evidence which has come to their knowledge, without prejudice to their immediate news should give that authority.

250 suspect ID article and request for information 1-The criminal police bodies can proceed to the identification of any person found in a public place, open to the public or subject to police surveillance, where she founded suspicion falling on the crimes, the pending extradition or expulsion, that have penetrated or stay irregularly in the national territory or to be against you arrest warrant. 2-before proceeding to the identification, the criminal police bodies must prove your quality, communicate to the suspect the circumstances underlying the obligation to identify and indicate the means by which it can identify. 3-the suspect may identify himself by presenting one of the following documents: identity card or passport), in the case of Portuguese citizen;


238 b) residence permit, identity card, passport or document to replace the Passport, in case of foreign citizens. 4-the impossibility of one of the documents referred to in the preceding paragraph, the suspect may identify themselves upon presentation of original document or certified copy, containing your full name, your signature and your photo. 5-if not carrying any identification, the suspect may identify themselves by one of the following methods: a) communication with a person who present their identification documents; b) Movement, accompanied by criminal police bodies, to the place where they meet their identification documents; c) recognition of your identity by a person identified pursuant to paragraph 3 or paragraph 4 ensuring the accuracy of the personal data indicated by identifying. 6-the impossibility of identification in accordance with paragraphs 3, 4 and 5, the criminal police bodies may lead the suspect to the police station and compel him to remain there for the time strictly necessary for identifying, in no case exceeding 6 hours, performing, if necessary, evidence dactiloscópicas, or analogous nature photographic and inviting the identifying indicate residence where he can be found and receive communications. 7-The ID acts carried out pursuant to paragraph 1 are always reduced to auto and the evidence of his ID constants are destroyed in the presence of identifying, your request, if the suspect does not confirm. 8-The criminal police bodies can ask the suspect, as well as to any persons who may provide useful information, and receive, without prejudice, as the suspect, the provisions of article 59, information relating to a crime and, in particular, to the discovery and conservation of evidence that could be lost before the intervention of the judicial authority. 9-will always be given to identifying the possibility of contact person of your trust.


239 Article 251 Magazines and searches


1-in addition to the cases provided for in paragraph 5 of article 174, the criminal police bodies can carry out without prior authorisation of the judicial authority: a) the magazine of suspects in cases of imminent or escape from arrest and searches in the place in which they find themselves, except in the case of raids, whenever they have founded reason to believe them hide crime-related objects which may serve as evidence and which could otherwise be lost; (b)) to the magazine for people who have or wish to watch any procedural act or as suspects, should be conducted to police station, where there is reason to believe that conceal weapons or other objects with which they can practise acts of violence. 2-is correspondingly applicable the provisions of paragraph 6 of article 174 article 252 seizure of correspondence 1-in cases that should proceed to the seizure of correspondence, the criminal police bodies are transferred on intact to the judge that you have authorized or ordered to stage. 2-in the case of orders or closed values which may be seized, whenever they have reasonable grounds for believing that they may contain information useful to the investigation of a crime or lead to your discovery, and that can be lost in case of delay, the criminal police bodies report of the fact that, by the fastest way, the judge, who can authorise your immediate opening. 3-Scanned the grounds mentioned in the preceding paragraph, the criminal police authorities may order the suspension of the shipment of any mail in post offices and telecommunications. If, within 48 hours, the order is not convalidada by reasoned order of the judge, the mail is forwarded to the recipient.


Article 252 240-cell location 1-the judicial authorities and the criminal police authorities may obtain cell location data when they are needed to ward off danger to the life or physical integrity is serious offense. 2-If the cell location data provided for in the preceding paragraph refer to an ongoing process, your getting must be communicated to the judge within 48 hours. 3-If the cell location data provided for in paragraph 1 does not refer to any ongoing process, the communication shall be addressed to the judge of the competent authority for criminal investigation. 4-is null to obtain the cell location data in violation of the preceding paragraphs.

Article 253.º Report 1-The criminal police bodies which carry out due diligence referred to in the preceding articles shall draw up a report in which they mention, in summary form, the research, the results of the same, the description of the facts established and evidence collected. 2-the report is referred to the public prosecutor or the examining magistrate, as appropriate.

CHAPTER III detention Article 254 1 Purpose-the detention referred to in the following articles shall be carried out: a), within 48 hours, the detainee be presented to trial summary form or be present to the competent judge for 241 first interrogation or for application or execution of a coercive measure; or (b)) to ensure immediate presence or not possible, as soon as possible, but never exceed 24 hours, arrested before the judicial authority or criminal police in the procedural act. 2-the accused in custody out of flagrante delicto to application or implementation of the measure of pre-trial detention is always presented to the judge, being correspondingly applicable article 141 Article 255 detention in flagrante delicto 1-in cases of flagrante delicto, for crimes punishable with imprisonment:) Any judicial authority or police authority shall arrest; b) anyone can proceed to detention, if one of the entities referred to in the preceding paragraph is not present or can be called in a timely manner. 2-in the case referred to in point (b)) of the preceding paragraph, the person that has granted the arrest immediately arrested the delivery one of the entities referred to in point (a)), which composes self contents and delivery in accordance with article 259.º 3-in the case of murder whose procedure depends on the arrest only stays when in the Act she followed, the respective right holder the exercise. In this case, the judicial authority or police entity up or send up auto in the complaint record. 4-in the case of murder whose procedure depends on private prosecutor, the arrest in flagrante delicto, but only the identification of the offender.

Article 256-1 Flagrante delicto flagrante delicto all crime is that if you're making or if you just made. 2-also Considers flagrante delicto cases where the agent is immediately after the crime, pursued by any person or found with objects or signs that show clearly that just the commit or participate.


242 3-In case of permanent crime, the State of flagrante delicto only persists while remain signs that show clearly that the crime is being committed and the agent is in it to participate.

Article 257 holding out of flagrante delicto 1-out of flagrante delicto, detention can only be effected by court order of judge or, in cases where pre-trial detention is admissible, the Prosecutor, when there is reasonable grounds to believe that the person concerned if not would spontaneously before judicial authority within a period to be fixed. 2-The criminal police authorities may also order the holding out of flagrante delicto, on its own initiative, when: a) in the case of case in which pre-trial detention is permitted; b) there to make founded fear of leakage; and (c)) is not possible, given the situation of emergency and danger in delay, wait for the intervention of the judicial authority.

258.º arrest warrants article 1-The arrest warrants are passed in triplicate and contain, under penalty of nullity: a) the signature of the judicial authority or competent criminal police; b) identification of the person to stop; and (c)) the indication of the fact that the arrest and the circumstances that legally based. 2-In case of emergency and danger in delay is permissible to request the arrest by any means of telecommunication, followed by immediately sent confirmation, in accordance with the preceding paragraph. 3-the detainee is shown the arrest warrant and delivered one of the copies. In the case of the preceding paragraph, the order of detention where stating the request, the judicial authority or criminal police who did it and the other requirements referred to in paragraph 1 and delivered their copy.


Article 243 259.º Duty of communication whenever any police entity to carry out an arrest, communicates immediately: a) the judge of which come the arrest warrant, if it has the purpose referred to in subparagraph (b)) of article 254; (b)) to the public prosecutor, in other cases.

Article 260.º General Conditions applicable to the holding's gross accordingly the provisions of paragraph 2 of article 192 and paragraph 8 of article 194 Article 261.º immediate release of detained 1-any entity that has ordered the arrest or to whom the detainee is present, pursuant to this chapter, shall your immediate release as soon as it becomes clear that the arrest was made in error about the person or out of the cases in which it was legally admissible or that the measure has become unnecessary. 2-in the case of an entity that is not judicial authority, make summary report of occurrence and forward it immediately to the public prosecutor; If the judicial authority release is preceded by order.

TITLE II of the inquiry CHAPTER I General provisions Article 244 262.º purpose and scope of the investigation 1-the inquiry comprises the set of steps that aim to investigate the existence of a crime, determine their agents and their responsibility and to discover and collect the evidence, in order to decide on the prosecution. 2-subject to the exceptions provided for in this code, the news of a crime always gives rise to the opening of investigation.

Article 263 1 investigation direction-the direction of the investigation lies with the public prosecutor's Office, assisted by the criminal police bodies. 2-for the purposes of the preceding paragraph, the criminal police bodies act under the direct guidance of the Prosecutor's Office and on your functional dependency.

Article 264 1-Jurisdiction is competent for the investigation the Prosecutor to exercise functions in the place where the crime was committed. 2-while it is not known where the crime was committed, the part of the Public Ministry competence to exercise functions in the place where first there has been news of the crime. 3-If the crime is committed abroad, the public prosecutor's Office to serve at the court competent for the trial. 4-regardless of the preceding paragraphs, any magistrate or a public prosecutor shall, in case of emergency or danger in delay, the acts of investigation, in particular, of interrogation and, in General, for the acquisition and preservation of evidence. 5-is correspondingly applicable articles 24 to 30 245 Article 265 investigation against judges


1-if the subject of the news of the crime judicial magistrate or public prosecutor, is assigned to the investigation magistrate of equal to or greater than that of the category in question. 2-If the subject of the news of the crime the Attorney-General of the Republic, the competence for the investigation pertains to a judge of the Supreme Court of Justice, appointed by lot, which blocked to intervene in the acts subsequent process.

Article 226 transmission of record 1-If, in the course of the investigation, it is established that the competence belongs to different magistrate or public prosecutor agent, the record is transmitted to the magistrate or competent public prosecutor agent. 2-The acts of investigation conducted before transmission can only be repeated if it cannot be used. 3-in the event of a conflict about competence, decides the immediate superior immediately supervises in the magistrates or agents in conflict.

CHAPTER II of the acts of investigation Article 267 of the Public Ministry Acts the prosecution practice acts and ensures the evidence necessary for the carrying out of the purposes referred to in article 262.º, paragraph 1, in accordance with the restrictions set out in the following articles.


246 Article 268 acts to practice by investigating magistrate 1-During the investigation competes exclusively to investigating magistrate: a) to proceed with the first judicial interrogation defendant held; b) Proceed to the application of a coercive measure or guarantee, except as provided for in article 196.º, which can be applied by prosecutors; c) to carry out searches and seizures in a lawyer's Office, doctor's Office or banking establishment, in accordance with articles 177, n. º 3, 180, paragraph 1, and 181; d) take notice, first of all, the content of the correspondence seized, pursuant to article 179, paragraph 3; and) Declare the loss, to the State of goods seized, when the Prosecutor to proceed with the filing of the inquiry pursuant to articles 277.º, 280 and 282; f) Practice any other acts which the law expressly reserve to the examining magistrate. 2-the judge practises the acts referred to in the preceding paragraph at the request of the Prosecutor, the criminal police authority in case of emergency or danger in delay, the accused or the wizard. 3-the application, when coming from the Prosecutor or criminal police authority, is not subject to any formalities. 4-in the cases referred to in the preceding paragraphs, the judge decides, within 24 hours, based on the information, together with the application, you are given, and the presentation of the autos where not to consider essential.

Article 269 the order or authorize Acts by the judge of instruction 1-During the investigation competes exclusively to investigating magistrate order or authorize: a) the gross weight of expertise, in accordance with paragraph 2 of article 154;


247 b) the gross weight of examinations pursuant to paragraph 2 of article 172; c) house searches on the terms and within the limits of article 177; d) seizures of correspondence, pursuant to article 179, paragraph 1; and Interception, recording or registration) of conversations or communications, in accordance with article 187 § and 180; f) the practice of any other acts which the law expressly do depend on order or authorization of the examining magistrate. 2-is correspondingly applicable the provisions of paragraphs 2, 3 and 4 of the preceding article.

Article 270.º acts which may be delegated by the Prosecutor in the criminal police bodies 1-the Public Ministry can check the criminal police bodies to carry out any due diligence and investigations relating to the inquiry. 2-exceptions to the provisions of the preceding paragraph, in addition to the acts that are the exclusive competence of the examining magistrate, in accordance with articles 268 and 269, the following acts: the sworn testimony) to receive, in accordance with article 138, paragraph 3, second part; b) ordering the skill gross, pursuant to article 154; c) Watch the exam likely to offend the modesty of the person, in accordance with the second part of paragraph 3 of article 172; d) order or authorize magazines and searches on the terms and limits of paragraphs 3 and 5 of article 174; and Any other acts that) law expressly determines that be chaired or charged by prosecutors. 3-the Prosecutor may, however, delegate in criminal police authorities the power to order the implementation expertise for certain types of crime, in case of emergency or danger in delay, in particular when the expertise should be held in conjunction with the examination of evidence. Exceptions to the skill that involves performing medicolegal autopsy as well as the provision of additional clarifications and new expertise under article 158 4-without prejudice to the provisions of paragraph 2, in paragraph 3 of article 58, paragraph 3 of article 243 248 and in paragraph 1 of article 248, the delegation referred to in paragraph 1 may be made by order of general nature that indicate the types of crime or the limits of the penalties applicable to crimes under investigation.

Article 271.º statements for future memory 1-In case of serious illness or travel abroad of a witness, which predictably stop to be heard in trial, as well as in the case of a victim of human trafficking or against freedom and sexual self-determination, the examining magistrate, at the request of the Prosecutor, the accused, or the civilian parts Wizard You can proceed to your inquiry during the investigation, in order that the statement can, if necessary, be taken into account at trial. 2-in the case of proceedings for crimes against freedom and sexual self-determination of minor, always to the inquiry offended during the course of the investigation, provided that the victim is not. 3-to the public prosecutor, the accused, to advocate and to lawyers of the wizard and the civil parties are notified the day, time and place of the delivery of the statement to which may be present, being compulsory to show the Prosecutor and the Defender. 4-in the cases provided for in paragraph 2, the taking of statements is performed on casual and reserved, with a view to ensuring, in particular, the spontaneity and sincerity of the answers, and the less be assisted during the course of the procedural act by a technician specially enabled for your follow-up, previously designated for this purpose. 5-the inquiry is made by the judge, and may then the District Attorney, the lawyers of the wizard and the civil parties and the Defender, in this order, to formulate additional questions. 6-is correspondingly applicable articles 352, 356.º, 363 and 364.º. 7-the preceding paragraphs is correspondingly applicable to statements by the Assistant and the civil parties, experts and technical consultants and the acareações. 8-the taking of statements pursuant to the preceding paragraphs shall not preclude the provision of testimony in trial hearing, whenever it is possible and not put into question the 249 physical or mental health of the person who should pay.

Article 272 first interrogation and the defendant communications 1-Running investigation against a particular person in respect of which there is suspicion founded the practice of crime is mandatory for questioning as defendant, unless it is not possible to notify it. 2-the public prosecutor, when the questioning of a defendant or confrontation or recognition that should participate, communicate to him, at least 24 hours in advance, the day, time and place of the stage. 3-the period of notice referred to in the preceding paragraph: a) is optional where the defendant meet arrested; b) has no place in relation to interrogation laid down in article 143, or, in cases of extreme urgency whenever there is reason to fear that founded the delay may prejudice the securing of evidence, or when the defendant him do without. 4-When there is an advocate, this is notified to the stage with at least 24 hours in advance, except in cases provided for in subparagraph (b)) of the preceding paragraph.

Article 273 appearance warrant and detention notification 1-whenever it is necessary to ensure the presence of any person in an act of investigation, the Prosecutor or the police authority in criminal who has been delegated the Stagecoach appearance warrant issue, which included the identification of the person, an indication of the day, the place and time that must report and an indication of the penalties incurred in the case of unjustified absence. 2-appearance warrant is notified to the party concerned with at least three days in advance, except in cases duly substantiated urgency, that can be left to notifying only the time needed to attend. 3-If the warrant refer to the wizard or the complainant with the College to provide 250 Assistant represented by lawyer, this is informed of the stage, wanting to be present. 4-is correspondingly applicable article 116, paragraph 2.

Article 274 birth certificates and certificates of registration Are together to record the birth certificates and certificates of registration, namely the accused's criminal record certificate, that are necessary for the investigation or the predictably statement or the trial that will take place and the determination of the jurisdiction of the Court.


Article 275.º Record of inquiry 1-proof steps conducted during the investigation are reduced to auto, which can be drawn up by precedent, except those whose documentation the Prosecutors understand unnecessary. 2-must be reduced to auto the complaint when made orally, as well as the acts referred to in articles 268, 269 and 271.º 3-Completed the investigation, the auto is the guard of the Department of public prosecutions or the competent court is referred to the statement or for the trial.

CHAPTER III of the termination of the investigation Article 276.º periods of maximum 1-investigation the public prosecutor closed the investigation, filing or by deducting charges, maximum periods of 6 months, if there are defendants in jail or under obligation to stay in housing, or 8 months, if there is. 2-the period of 6 months referred to in the preceding paragraph is high: a) For 8 months, when the investigation has covered one of the crimes referred to in Article 251 215, paragraph 2; b) For 10 months, when, regardless of the type of crime, the procedure turns out to be of exceptional complexity, pursuant to article 215, paragraph 3, second sentence; c) For 12 months, in the cases referred to in article 215, paragraph 3. 3-for the purposes of the preceding paragraphs, the period is counted from the moment the investigation has passed going against someone determined or have checked the Constitution of defendant. 4-the holder of the magistrate informs the immediate hierarchical superior process violation of any period referred to in paragraphs 1 and 2 or paragraph 6 of article 89, indicating the reasons for the delay and the time required to complete the survey. 5-in the cases referred to in the preceding paragraph, the supervisor can challenge the process and always gives to the Prosecutor-General, to the defendant and to the violation of the deadline and the time required to complete the survey. 6-Received the notification referred to in the preceding paragraph, the Prosecutor-General can determine, ex officio or at the request of the accused or of the wizard, the acceleration of procedure pursuant to article 109 Article 277.º 1 survey Archive-the Public Ministry shall, by order, archiving of the investigation as soon as you have collected sufficient evidence to have not checked crime the defendant hadn't practiced any title or be legally inadmissible. 2-the survey is also archived if it has not been possible for the Prosecutor to obtain sufficient verification evidence of crime or who were the agents. 3-the archiving dispatch is notice to the defendant, the Assistant, the complainant with faculty to serve as Assistant and who has expressed intention to deduce a civil claim for damages under article 75, as well as their advocate or lawyer. 4-the communications referred to in the preceding paragraph shall be carried out: a) By notification through personal contact or through registered postal Assistant and defendant, unless they have indicated a location determined for 252 notification by post effects simple, under articles 145, Nos. 5 and 6, and 196.º, paragraphs 2 and 3 (c)) , and do not have however indicated another, through application delivered or sent by registered post to the Office where the record find themselves running right now; b) By notices, if the accused does not have public defender or lawyer constituted and your notification is not possible through personal contact, post registered or simple, as referred to in the preceding sub-paragraph; c) For notification by post simple to the complainant with the College to serve as Assistant and who has expressed intention to deduct for compensation; d) For notification by post simple whenever the investigation did not run against a person determined.

Article 278.º-1 hierarchical Intervention within 20 days from the date of the opening of education already cannot be required, the immediate superior of the public prosecutor may, on your own initiative or at the request of the Assistant or the complainant with the College to form wizard, determine which is worded charge or that the investigations proceed , indicating, in this case, the steps to be carried out and the time limit for your compliance. 2-the wizard and the complainant with the College to be Assistant may raise the hierarchical intervention, under the preceding paragraph within the period laid down to apply the opening statement.

Article 279 Reopening the inquiry 1-Exhausted the period referred to in the previous article, the investigation can only be reopened if new evidence arise that invalidate the pleas by prosecutors in order of filing. 2-The order of the public prosecutor's Office to grant or refuse the reopening of the investigation there is complaint to the immediate hierarchical superior.


253 article 280 case filing 1 penalty waiver-if the process is for the crime for which is expressly provided for in the criminal law the possibility for exemption, the Public Ministry, with the approval of the examining magistrate, may decide the dismissal, if the assumptions of that exemption. 2-If the charge has been deducted, the investigating magistrate, while this course, file the case with the agreement of the Prosecutor and the accused, if the assumptions of the remission of the penalty. 3-the archive decision, in accordance with the previous paragraphs, is not likely to challenge.

Article 281 provisional Suspension of the process 1-if the crime is punishable with imprisonment not exceeding five years or with different sanction of arrest, the Prosecutor, ex officio or at the request of the accused or of the wizard, determines, with the agreement of the examining magistrate, the suspension of the process, by the defendant of enforcement injunctions and rules of conduct whenever you check the following assumptions: the Agreement of the accused and); b) absence of previous conviction for crimes of the same nature; c) absence of previous application of provisional suspension of proceedings for crimes of the same nature; d) there is no place the security measure of internment; and) absence of a high degree of guilt; and (f)) be provide that compliance with injunctions and rules of conduct to respond adequately to the requirements of prevention in the case if you do feel. 2-Are opposable to the defendant, cumulative or separately, the following injunctions and rules of conduct: a) Compensate the injured person; b) give the victim moral satisfaction;


254 c) Deliver to the State or private institutions of social solidarity certain amount or perform public service; d) Reside in a specific place; e) Attend certain programs or activities; f) not to exercise certain professions; g) does not attend certain means or places; h) does not reside in certain places or regions; I) follow, housing or receiving certain people; j) does not attend certain associations or participate in certain meetings; l) not have in your power certain objects capable of facilitating the Commission of another crime; m) any other particular behavior required by the case. 3-are not enforceable injunctions and rules of conduct that might offend the dignity of the accused. 4-For support and monitoring of compliance with injunctions and rules of conduct can the investigating magistrate and the Prosecutor, as appropriate, have recourse to the services of social reintegration, the criminal police bodies and administrative authorities. 5-the decision to suspend, in accordance with paragraph 1, is not likely to challenge. 6-in processes for the crime of domestic violence is not compounded by the result, the public prosecutor, on request free and clear of the victim, determines the provisional suspension of the process, with the agreement of the examining magistrate and the defendant, from where the conditions of article 6(1)(b)) and c) of paragraph 1. 7-In cases of crimes against freedom and sexual self-determination of minor compounded by the result, the Prosecutor, having regard to the interests of the victim, determines the provisional suspension of the process, with the agreement of the examining magistrate and the defendant, from where the conditions of article 6(1)(b)) and c) of paragraph 1.

Article 282 Duration and effects of the suspension-1 suspension of process can go up to two years, with the exception of paragraph 5. 2-the prescription does not run during the period of suspension of the process.


255 3-If the defendant comply with the orders and rules of conduct, the Prosecutor files the process and cannot be reopened. 4-the process proceeds and the payments made may not be repeated: a) if the defendant fails to comply with the orders and rules of conduct; or b) If, during the period of suspension of the proceedings, the defendant commits a crime of the same nature by which will be condemned. 5-in the cases referred to in paragraphs 6 and 7 of the previous article, the duration of the suspension can be up to 5 years.

Article 283.º Charges by prosecutors


1 during the investigation have been collected sufficient evidence to have verified crime and who was your agent, the Prosecutor, within 10 days, deduct the charge against that. 2-the following shall be considered as sufficient evidence that always result a reasonable possibility of the defendant being applied, by virtue of them on trial, a sentence or a security measure. 3-the indictment contains, under penalty of nullity: a) the indications for identification of the defendant; b) narration, although synthetic, the facts underlying the application to the defendant to a penalty or a measure of security, including, if possible, the place, the time and the motivation of your practice, the degree of participation that the agent had in them and any circumstances relevant to the determination of the sanction that should be applied; c) an indication of the applicable legal provisions; d) the roster with the maximum of 20 witnesses, with its identification, listing those should only testify on the matters referred to in article 128, paragraph 2, which shall not exceed the number of five; and the experts and) technical consultants to be heard in trial, with their identification; f) indication of other evidence to produce or require; g) date and signature. 4-In case of process connection, is less a single accusation.


256 5-is correspondingly applicable the provisions of article 277.º, paragraph 3, continuing the process when the notification procedures have proved ineffective. 6-the communications referred to in the preceding paragraph shall be carried out through personal contact or by post registered, unless the accused and the wizard are shown to your residence or domicile police or judicial authority professional who elaborate the auto news or hear in the investigation or in the statement, in which case are notified by post simple pursuant to article 113, paragraph 1, point (c)). 7-the limit of the number of witnesses provided for in point (d)) of paragraph 3 may be exceeded provided that if necessary for the discovery of truth, particularly when material has been practiced some of the crimes referred to in paragraph 2 of article 215 or if the process turns out to be of exceptional complexity due to the number of defendants or offended or the highly organized nature of the crime.

Article 284.º Charges by 1-up to 10 days after the notification of the indictment of the Public Ministry, the wizard can also deduct charges by the facts charged by prosecutors, for them or for others who don't mind substantial change. 2-is correspondingly applicable the provisions of paragraphs 3 and 7 of the previous article, with the following modifications: a) the prosecution of the wizard can be limited to mere membership of the Prosecutor's accusation; b) are only shown to produce evidence or to apply other than those listed in the Prosecutor's accusation.

Article 285 1-private prosecutor Ended the investigation, when the procedure depend on private prosecutor, the Prosecutor notifies the wizard for this in 10 days, deduct, private prosecutor.


257 2-the Public Ministry indicates, in the notification referred to in the preceding paragraph, if enough evidence were collected the crime and who were its agents. 3-is correspondingly applicable to the particular accusation article 283.º, paragraphs 3 and 7. 4-the public prosecutor may, within five days after the presentation of the private prosecutor, accusing the same facts, for them or for others who don't mind a substantial change. 5-the public prosecutor's Office decides the archiving of the investigation where, by reasoned order, does not monitor the private prosecutor, in accordance with the preceding paragraph.

TITLE III of CHAPTER I General provisions Article 286.º Purpose and scope 1-instruction instruction aims to judicial proof of the decision to deduct charges or filing the inquiry in order to submit or not to question the trial. 2-the statement is optional. 3-there are no special forms of procedure statement.

Article 287.º application for education opening 1-the opening of the statement can be requested within 20 days of notification of the indictment or the filing:) by the defendant in respect of facts for which the Prosecutor or his assistant, in the case of a private prosecutor, dependent procedure have less charge; or b 258) by the wizard if the procedure does not depend on private prosecutor in respect of facts for which the Prosecutor has not deducted charges. c) by the wizard, for facts on which there is less private prosecutor, when the Prosecutor has determined the archiving of the investigation, in accordance with paragraph 5 of article 285-2 the petition is not subject to special formalities, but should contain, in summary, the reasons of fact and law of disagreement regarding the charge or no charge, as well as whenever appropriate, an indication of the instruction acts which the applicant intends to carry out the judge, of evidence that have not been considered in the investigation and of the facts which, through some and others are expected to prove, being still applicable to the request of the Assistant article 283.º, paragraph 3 (b)) and (c)). Cannot be given more than 20 witnesses. 3-in the case referred to in point (c)) of paragraph 1, the wizard can be limited, on request, to refer to the particular charge deducted. 4-the application can only be rejected by extemporaneous, incompetence of the judge or legal education as inadmissible. 5-in the order of opening statement the judge appoints the defendant Defender that does not have a lawyer constituted or public defender. 6-the order of opening statement is notified to the public prosecutor, the Assistant to the defendant and to your Defender. 7-the provisions of paragraph 12 of article 113 Article 288 Direction and nature of instruction 1-the Directorate of education up to an investigating magistrate, assisted by the criminal police bodies. 2-the rules on jurisdiction concerning the Court are correspondingly applicable to the examining magistrate. 3-When the competence for education belong to the Supreme Court of Justice or the relationship, the instructor shall be designated by lot from among the judges of the Chamber and is unable to intervene in the acts subsequent process.


259 4-the judge investigating the case independently submitted the statement, taking into account the constant application of opening statement, referred to in paragraph 2 of the preceding article.

289 article 1 statement content-the statement is formed by the set of instructions that the judge understands the duty to carry out and, for a instrutório debate, oral and adversarial, in which you can be part of the public prosecutor, the accused, the Defender, the wizard and your lawyer, but not the civilian parts. 2-the public prosecutor, the accused, the Defender, the wizard and your lawyer can watch the instruction acts by any of them required and give rise to requests for clarification, or require that they be formulated the question relevant to the discovery of truth.

CHAPTER II of the instruction acts Article 290 acts of the examining magistrate and the judge 1 delegable acts practice all acts necessary for the carrying out of the purposes referred to in article 286.º, paragraph 1. 2-the judge can, however, check the criminal police bodies to carry out any due diligence and investigations relating to the instruction, except in the case of interrogation of the accused, the cross-examination of witnesses, of acts which by law are committed exclusively to the jurisdiction of the judge and, in particular, those referred to in article 268, paragraph 1, and article 270.º, paragraph 2.

Article 291.º Order of acts and repetition 1-acts of instruction shall be carried out in the order that the judge considers more appropriate to 260 for the establishment of the truth. The judge rejecting the acts required to understand not interested to education or serve only to delay the progress of the process and practices or orders ex officio those it deems useful. 2-the order provided for in the preceding paragraph just claim, being the order that is not actionable. 3-3-The actions and steps taken in the investigation evidence only are repeated in case of not being in compliance with the legal formalities or when the replay proves to be indispensable to the attainment of the purposes of the statement. 4-4-are not surveyed witnesses to testify on the matters referred to in article 128, paragraph 2.

Article 292.º Evidence admissible-1 are permissible in the statement all the evidence that they are not prohibited by law. 2-the examining magistrate interrogates the defendant when the judge necessary and whenever it so requests.

Article 293 appearance warrant and notification


1-whenever it is necessary to ensure the presence of any person in an act of instruction, the judge issues warrant for appearance containing the identification of the person, an indication of the day, the place and time that must report and an indication of the penalties incurred in the case of unjustified absence. 2-appearance warrant is notified to the party concerned with at least three days in advance, except in cases of urgency duly substantiated in that the judge can let the notifying only the time needed to attend.

Article 294 claims for future memory of its own motion or at the request, the judge may proceed, during the instruction, to the inquiry of witnesses, the taking of statements by the Assistant of the civil parties, experts and technical consultants and acareações 261, in accordance with the purposes referred to in article 271.º Article 295.º birth certificates and certificates of registration Are together to record the birth certificates and certificates of registration in particular the certificate of criminal record of the accused, who still do not appear from the documents before the Court and prove predictably necessary for instruction or the trial will take place and the determination of the jurisdiction of the Court.

Article 296 of the statement of evidence held in Act of instruction are documented by recording or reduction to auto, being together to process applications by the prosecution and the defence at this stage, as well as any relevant documents for consideration of the cause.

CHAPTER III of the debate Article 297 instrutório description of the date for the debate 1-where it considers that there is no place to commit acts of instruction, in particular in cases where these have not been required, or in five days from the practice of the last act, the judge shall appoint a day, time and place for the instrutório debate. This is fixed for the earliest date possible, so that the period of duration of the instruction can in any case be respected. 2-is correspondingly applicable article 312, paragraph 3. 3-the date designation for the instrutório debate is notified to the public prosecutor, the accused and the Assistant at least five days before that take place. In case of connection of processes in accordance with article 24, paragraph 1 (c)), d) and e), the designation of the 262 date for instrutório debate is notified to the defendants that have not required the statement. 4-the designation of the date for the debate is also notified at least three days before that take place, any witnesses, experts and technical consultants whose presence in the debate the judge consider indispensable. 5-is correspondingly applicable articles 116, paragraphs 1 and 2, 254 and 298 Article 293 purpose of debate the debate instrutório seeks to enable a discussion before the judge, by oral and contradictory, as to whether, in the course of the investigation and education, result indications and elements of law sufficient to justify the submission of the defendant on trial.

Article 299 supervening Acts 1-the designation of the date for the debate is without prejudice to the duty of the judge to carry out, before the debate or during it, the instruction acts whose interest for the discovery of truth has however revealed. 2-the carrying out of the acts referred to in the preceding paragraph takes place with observance of the procedures set out in the previous chapter.

Article 300 1-debate postponed the debate can only be postponed for absolute impossibility of taking place, in particular for serious and legitimate impediment of the defendant be present. 2-In case of postponement, the judge designates immediately new data, which may not exceed in 10 days earlier. The new date is communicated to gifts, sending the judge shall proceed to notification of missing whose presence is required. 3-If the defendant waive the right to be present, the debate is adjourned with 263 Foundation in your absence, being represented by advocate constituted or appointed. 4-the debate can only be delayed once. If the accused Miss on the second date, is represented by advocate constituted or appointed.

Article 301 Discipline, direction and organization of the debate 1-discipline debate, your direction and organization compete with the judge, holding this in necessary, corresponding to the powers conferred by this code to the Chairman, at the hearing. 2-the debate takes place without placing under special procedures. The judge ensures, however, inconsistency in the production of evidence and the possibility of the defendant or the your advocate to speak about her in last place. 3-the judge refuses any request or investigation proves that beyond the circumstantial nature to that required in this phase.

302 the debate article 1-the judge opens the discussion with a summary about the acts of the statement which has granted and on the issues of proof relevant to the decision rules and that, in your opinion, presenting controversial character. 2-then gives the word to the public prosecutor, the Assistant's lawyer and to advocate for them, wanting to, require the production of evidence additional indiciárias propose to present, during the debate on concrete issues controversial. 3-Follow the production of proof under the direct guidance of the judge, who decides, without formalities, any matters which by the way if you raise. The judge may apply directly to those present, formulating them the questions to understand necessary to the implementation of the purposes of the debate. 4-before closing the debate, the judge gives the floor to the public prosecutor, the Assistant's lawyer and to advocate for them, trying to formulate its conclusions in brief about the sufficiency or insufficiency of the evidence collected and 264 on points of law that depends on the meaning of decision rules. 5-it is permissible to carry brief replica once, but always the Defender, if you ask for the word, the last to speak.

Article 303.º Change the facts described in the indictment or in the application for opening of 1 statement of the instruction or acts of instrutório debate result non-substantial alteration of the facts described in the indictment of the Prosecutor or of the wizard, or in the application for opening of the instruction, the judge, ex officio or at the request, communicate the amendment to advocate, questioning the defendant about it whenever possible and gives you the application period for preparation of the defence of not more than 8 days, with the consequent postponement of the debate, if necessary. 2-don't have application the provisions of the preceding paragraph if the change determine the incompetence of the examining magistrate. 3-A substantial change of the facts described in the indictment or in the application for opening of the statement cannot be taken into account by the Court to the effect of pronunciation in the ongoing process, or imply the extinction of the instance. 4-the substantial change of the facts to the public prosecutor shall complaint to that he proceed by new facts, if they are autonomizáveis in relation to the subject-matter of the proceedings. 5-the provisions of paragraph 1 is correspondingly applicable when the judge change the legal classification of the facts described in the indictment or in the application for the opening of the statement.

Article 304.º continuity of debate 1-instrutório debate is correspondingly applicable article 328(1), paragraphs 1 and 2. 2-the judge interrupted the debate when, in the course of it, realizes that it is essential to the practice of new acts of that statement cannot be taken to 265 in the debate itself.

Article 305.º-1 of the Act shall be drawn up instrutório minutes debate, which, without prejudice to the provisions of article 99, paragraph 3, is drafted by the scoresheet in all refer to oral statements, pursuant to article 100, paragraph 2. 2-the minutes shall be signed by the judge and by the bailiff to the plough.

CHAPTER IV of the closure of the Article 306 Periods of maximum instruction 1-the judge terminates the statement within the period of maximum two months if there are defendants in jail or under obligation to stay in housing, or four months, if there is. 2-the period of two months referred to in the preceding paragraph is high for three months when the statement is subject to one of the crimes referred to in article 215, paragraph 2. 3-for the purposes of the preceding paragraphs, the period is counted from the date of receipt of the request for opening of the statement.

Article 307 rules Decision 1-terminated the instrutório debate, the judge gives order of pronunciation or pronunciation, which is soon saying to minutes, considering notified to gifts and can substantiate by reference to the reasons of fact and law as set forth in the indictment or in the application for opening of the statement. 2-is correspondingly applicable Article 281, obtained the agreement of the Prosecutor. 3-When the complexity of the claim in the statement, the judge, in the Act of



266 termination of the instrutório debate, orders that the case be concluded in order to issue made within 10 days, the order of pronunciation or pronunciation. In this case, the judge shall communicate immediately to present the date on which the order will be read, being correspondingly applicable the provisions of the second part of paragraph 1. 4-the fact have been required only for one of the defendants does not affect the duty of the judge to withdraw the statement legally imposed consequences to all defendants. 5-notification of the victim who has expressed the purpose of deducing civil claim for damages, when not Wizard, as well as, in the case referred to in paragraph 4, the notification of persons not present is correspondingly applicable the provisions of article 283.º, paragraph 5.

Article 308 order of pronunciation or pronunciation 1, until the closure of the statement, have been collected enough to have established the conditions for the application to the defendant to a penalty or security measure, the Court, by order, pronounced the defendant by the facts; otherwise, gives order not pronunciation. 2-is correspondingly applicable to the order referred to in paragraph 1 the provisions of article 283.º, paragraphs 2, 3 and 4, without prejudice to the provisions of the second part of paragraph 1 of the preceding article. 3-in the order referred to in paragraph 1 the judge begins by deciding the nullities and other preliminary or incidental issues that can meet.

Article 309 of the invalidity of the decision rules 1-rules decision is void in so far as the defendant for facts that constitute substantial amendment described in prosecution of the Prosecutor or of the wizard or in the application for opening of the statement. 2-the nullity is accused within eight days from the date of notification of the decision.


267 Article 310 1 Resources-the decision rules that the defendant by the facts contained in the indictment from the Prosecutor's Office, formulated in accordance with article 283.º or paragraph 4 of article 285, is non-actionable, even at the place where enjoy nullities and other previous issues or incidental, and determines the immediate referral of the case back to the Court for trial. 2-the provisions of the preceding paragraph shall not prejudice the competence of the Court of trial to exclude evidence. 3-is open to challenge the order to reject the complaint of nullity and propriety in the previous article.

BOOK VII Of title I of the preliminary acts trial Article 311 1-process Sanitation Received the record in the Court, the President pronounced about the nullities and other preliminary or incidental issues which preclude the assessment of the merits of the case, that can immediately meet. 2-If the process has been referred to trial without having been instruction, the President dispatches towards: a) to reject the accusation, if to consider manifestly unfounded; b) do not accept the accusation of the wizard or the public prosecutor in that it represents a substantial change of the facts, in accordance with paragraph 1 of article 284.º and paragraph 4 of article 285, respectively. 3-for the purposes of the preceding paragraph, the prosecution is considered manifestly unfounded: 268 to) When does not contain the identification of the defendant; b) When does not contain the narration of the facts; c) If you don't indicate the applicable legal provisions or evidence therefor; or (d)) If the facts do not constitute a crime.

Article 312 hearing date 1-Resolved the issues referred to in the previous article, the President dispatches designating day, time and place for the hearing. This is fixed for the earliest date possible so that between her and the day on which the proceedings were held not more than two months. 2-in the order referred to in the preceding paragraph is therefore also designated date for the completion of the hearing in case of postponement pursuant to article 333.º, paragraph 1, or to the defendant at the request of your lawyer or advocate appointed under article 333.º, paragraph 3. 3-where the accused is in pre-trial detention or obligation to stay in housing, the date of the hearing is fixed with precedence over any other trial. 4-the Court shall set the date of the hearing in order to avoid overlap with other legal acts that the lawyers or defenders have the obligation to attend, by applying the provisions of article 155 of the code of Civil procedure.

Article 313 order designates day 1 hearing-the order designating a day for the hearing contains, under penalty of nullity: a) an indication of the facts and applicable legal provisions, which may be made by reference to the prosecution or to the pronunciation, if any; b) the indication of the place, the day and time of appearance; c) the appointment of defender of the accused, if it is not already constituted in the process; and (d)) the date and the signature of the President.


269 2-the order, accompanied by a copy of the charge or the pronunciation, is notified to the public prosecutor, as well as to the defendant and defender, your assistant, civil parties and their representatives, at least 30 days before the date fixed for the hearing. 3-the notification of the accused and the Wizard under the preceding paragraph takes place pursuant to article 113, paragraph 1 (a)) and (b)), except when those have indicated to your residence or domicile police or judicial authority professional who elaborate the auto news or hear in the investigation or in the instruction and have never communicated the change of the same via registered letter , in which case the notification is made by simple post, pursuant to article 113, paragraph 1, point (c)). 4-the order designating a day for the hearing there's no recourse.

Article 314 communication to other judges 1-the order designating a day for the hearing is immediately communicated, by copy, the judges of the Court. 2-Together, or as soon as possible, are them forwarded copies of the indictment or prosecution's filing of the wizard, the decision to investigate, the arraignment, the parties ' pleadings and any civil order concerning measures of coercion or of warranty. 3-whenever necessary, in particular due to show the particular complexity of the case or of any prior or incidental question it raises, the President may, of its own motion or at the request of any of the remaining judges, ordering that the proceedings go with vista for a period not exceeding eight days. In this case, there is referral of the documents referred to in the preceding paragraph.

Article 315 Contestation and witness list 1-the defendant, in 20 days from the date of notification of the order designating a day for the hearing, presents, wanting, challenges, accompanied by the witness list. Shall apply the provisions of paragraph 12 of article 113 270 2-the contest is not subject to special formalities. 3-Along with the list of witnesses, the defendant indicates that experts and technical advisers shall be notified to the audience. 4-The witness list shall apply the provisions of article 283.º, paragraph 3, point (d)), and 7.

Article 316 Adding or changing the witness list 1-the public prosecutor, the Assistant, the accused or civil parties may change the witness list, including requiring the inquiry beyond the legal limit, in the cases provided for in paragraph 7 of article 283.º, as long as the adding or changing required can be communicated to others up to three days before the date fixed for the hearing. 2-after presented the list cannot offer new witnesses from outside the region, unless those who offer if stepping up to present them at the hearing. 3-the preceding paragraphs is correspondingly applicable to the appointment of experts and technical consultants.

Article 317 notification and compensation of witnesses, experts and technical consultants 1-witnesses, experts and technical consultants indicated he has not committed itself to introduce at the hearing are notified to appear, except the experts of establishments, laboratories or appropriate authorities, which are heard by conference call from your workplace, where technically possible , being only necessary notification of the day and hour that will your hearing. 2-when people referred to in the preceding paragraph have the quality of criminal police body or government worker and are summoned by reason of the exercise of its functions, the Court arbitrates, without dependence on application, an amount corresponding to the amounts of the daily allowances and travel allowances and March in the case are due , which reverses, as my own recipe for the service where those render service. 3-For the purposes of the preceding paragraph, the services concerned should refer



271 the Court information needed, until five days after the completion of the hearing. 4-when there is no place for the application of paragraph 2, the judge may, at the request of the summoned to introduce themselves to the audience, arbitrate them an amount, calculated on the basis of tables approved by the Ministry of Justice, as a compensation of expenditure incurred. 5-the decision on the arbitration of the amounts referred to in the preceding paragraphs and the amount there is your resource. 6-any amounts worth refereed as costs of proceedings. 7-the Secretariat, on their own initiative or under the direction of the President, performs all the necessary steps to finding and notification of persons referred to in paragraph 1 and may, where necessary, request the collaboration of other entities.

Article 318 residing outside of the District 1-exceptionally, the taking of statements by the Assistant, civil parties, witnesses, experts or the technical consultants can, of its own motion or at the request, not be provided in person, and may be requested by the President to the judge of another district, by appropriate means, in accordance with article 111(1):) those people reside outside the circle; b) there is reason to believe that your presence at the hearing is essential to the discovery of truth; and (c)) Are predictable severe difficulties or inconvenience, or personal in your functional movement. 2-the request is immediately communicated to the public prosecutor, as well as the representatives of the defendant, the wizard and the civil parties. 3-Who has required the taking of statements reports, in the same Act, which the facts or the circumstances under which those must concern. 4-the taking of claims processes with observance of the procedures established for the hearing. 5-the taking of statements will take place simultaneously with the audience of trial, using means of telecommunication in real time. 6-in the case referred to in the preceding paragraph, the provisions applicable to the taking of statements 272 in trial hearing. Racing, however, the judge of the District Court who the coach was asked to practice the acts referred to in articles 323.º, (b)), first part, d) and (e)), and 348.º, paragraph 3. 7-Outside of circumstances referred to in paragraph 5, the contents of the statements is reduced to auto, being those reproduced in full or summary, as the judge determine, taking into account the means available for recording and transcription, in accordance with article 101 Article 319.º making statements at home 1, founded reasons, the wizard, a civil party, witness , an expert or a technical consultant to meet unable to attend at the hearing, can the President order, ex officio or at the request, declarations are taken to them in the place in which they find themselves, in day and time they communicate. 2-is correspondingly applicable the provisions of paragraphs 2, 3 and 7 of the previous article. 3-the taking of claims processes with observance of the procedures established for the hearing, except with regard to advertising.

Article 320 performing urgent acts 1-the President, ex officio or at the request, to implement the urgent acts or whose delay can cause hazard to the acquisition or conservation of evidence, or for the discovery of truth, particularly the taking of statements in the cases and on the persons referred to in articles 271.º and 294 2-is correspondingly applicable article 318 , paragraphs 2, 3, 4 and 7.

TITLE II of the hearing CHAPTER I General provisions Article 321 273 1-audience advertising the trial hearing is public under penalty of nullity irreconcilable, except in cases where the President decide the exclusion or restriction of advertising. 2-is correspondingly applicable article 87 3-the decision of exclusion or restriction of advertising is, whenever possible, preceded by hearing contradictory of the procedural subjects interested.

Article 322 of the Discipline and direction of work 1-the discipline of audience and the direction of the works compete to the President. Is correspondingly applicable Article 85 2-decisions concerning the discipline of the audience and to the direction of the work are made without formalities, may be dictated to the minutes and preceded by hearing contradictory, if the President understand that this does not call into question the timeliness and effectiveness of the measures to be taken.

Article 323.º powers of discipline and direction For discipline and direction of the work rests with the President, without prejudice to any other powers and duties which by law are assigned: a) conduct interviews, inquiries, examinations and any other acts of proof, even if at the expense of legally fixed order for them, whenever necessary to understand the truth; b) Order, by appropriate means, the attendance of any person and the reproduction of any legally admissible statements, where the figure required for the discovery of truth; c) order the reading of documents, or record of inquiry or, in cases where that is legally permissible reading; d) Receive oaths and commitments; and) take all preventive measures, disciplinary and coactivas, legally permissible 274, which show necessary or suitable to end the acts of disturbing the audience and ensure the safety of all participants of procedure; f) Ensure the adversarial and prevent the formulation of questions legally inadmissible; g) directing and moderating the discussion, prohibiting, in particular, all the files clearly naughty or dilatory.

Article 324 Duties of conduct of persons attending the hearing 1-people who watch the audience must behave so as not to harm the order and regularity, the independence of criteria and the freedom of action of the participants and to respect the dignity of the place. 2-Fit, in particular, the persons referred to in the preceding paragraph: a) abide by the determinations concerning the discipline of the hearing; b) behave with decorum, keeping silent, bareheaded and sitting; c) not carry disturbing or dangerous objects, including guns, except, as these, in the case of entities the Court security; d) do not express feelings or opinions, in particular approval or disapproval, the purpose of the course of the hearing.

Article 325 Situation and obligations of conduct of the accused 1-the defendant, who is still detained or arrested, watch free hearing on your person, unless they are necessary precautions to prevent the danger of escape or violence. 2-the accused detained or arrested is, whenever possible, the last to enter the courtroom and the first to be hers. 3-the defendant is obligated to the same obligations of conduct, in accordance with the previous article, about the people who will attend the hearing.


275 4-If, in the course of the hearing, the defendant any disrespect because the Court is warned and, if it persists in the behavior, is sent to collect any dependence of the Court, without prejudice to the faculty to attend the last interrogation and the reading of the sentence and of the duty to return to the room where the Court considers the your presence necessary. 5-the defendant out of the courtroom, in accordance with the provisions of the preceding paragraph, it is present and is represented by the Defender. 6-the removal of the accused is worth just for the session during which he was ordained. 7-is correspondingly applicable the provisions of article 85, paragraph 3.

Article 326 conduct of lawyers and defenders If the lawyers or defenders, in their claims or requirements: a) touch the respect due to the Court; b) Seeking, manifests and abusively, delay or embarrass the normal course of work; (c)) Use of offensive expressions or defamatory or unnecessarily violent or aggressive; or d) Do, or encouraging that they are made, comments or explanations about matters unrelated to the process and that in no way serve to clarify it; are warned with urbanity by the President of the Court; and if, after warning, continue, could that remove the word, being applicable in this case the provisions of the law of civil procedure.

Article 327 1-incidental issues Statement made in the course of the hearing are decided by the Court, the procedural subjects in them ears are interested. 2-the evidence presented during the hearing is subject to the principle of the adversarial procedure, even if they have been produced by the Court ex officio.


276 Article 328(1) continued hearing


1-the audience is continuous, running without any interruption or postponement until your closure. 2-are admissible, in the same hearing, the interruptions are strictly necessary, especially for food and rest of the participants. If the hearing cannot be completed the day has started, is stopped, to continue on the working day immediately after. 3-the postponement of the hearing is only admissible, without prejudice to the other cases provided for in this code, when not a single break enough to remove the obstacle: a) Miss or be unable to participate in person which cannot be immediately replaced and whose presence is indispensable by virtue of law or order of the Court, except where other people are present , in which case your inquiry or hearing shall, even if it involves the changing order of production of proof referred to in article 341.º; (b)) is absolutely necessary to the production of any evidence and incidental unavailable at the time the hearing is underway; c) Arise any question, prior or incidental, which is essential for good cause and decision making it highly inconvenient is the continuation of the hearing; or d) Is necessary to social reporting or information of social reintegration services, under article 370, paragraph 1. 4-In case of interruption or delay your hearing, the hearing resumes from the last act of procedure practiced in the audience interrupted or postponed. 5-the interruption and delay always reasoned dispatch depend of the President that is notified to all subjects. 6-the postponement cannot exceed 30 days. If it is not possible to resume the hearing this term loses effectiveness evidence production ever held. 7-the public announcement in the audience of the day and hour for continuation or resumption that serves as notification of people who should be considered gifts.


277 CHAPTER II introductory acts Article Called 329.º and opening of hearing 1-In time should the hearing be held, the bailiff, Speakerphone and publicly identify the process, and then calls the people that it should intervene. 2-missing persons to intervene at the hearing, the clerk of Justice makes new call, after which communicates verbally to the President the role of the present and of the absentees. 3-then the Court enters the room and the President declares open the hearing.

Article 330.º Lack of prosecution, the defender and the representative of the Assistant or the civilian parts 1-If, at the beginning of the hearing, is not present the Prosecutor or advocate, the President shall, under penalty of nullity irremediable, the replacement of the Public Ministry for legal and surrogate Defender by another lawyer or lawyer trainee, which may grant If they so request, some time to examine the process and prepare the intervention. 2-In case of absence of the representative of the Assistant or the civil parties to the hearing proceeds, being the wrongful admitted to intervene as soon as they appear. In the case of lack of Assistant Representative in particular charge-dependent procedure, the hearing is postponed for once; the lack or the second Unexcused absence worth as withdrawal of the charge, unless there is opposition by the defendant.

Article 331.º Miss Assistant, witnesses, experts, technical advisers or civilian parts 1-Without prejudice to the willing in article 116, the lack of the wizard, witnesses, experts or technical consultants or 278 of civilian parties gives way to postpone the hearing. The wizard and the civil parties are, in this case, for all legal purposes represented by their lawyers. 2-If the President, ex officio or at the request, decide by order, that the presence of any of the persons mentioned in the preceding paragraph is essential to good decision of the case and would not be expected to obtain your attendance with the mere interruption of the hearing, are surveyed and witnesses heard the Assistant, experts or technical consultants or civil parties present , even if it involves the changing order of production of proof referred to in article 341.º-3 for lack of persons mentioned in paragraph 1 may not be more than a postponement. 4-the President may, ex officio or at the request and in order to avoid interruption or postponement of the hearing in accordance with paragraph 2, change the order of production of the proof referred to in article 341.º Article 332.º the presence of the defendant 1-is mandatory the presence of the accused at the hearing, without prejudice to the provisions of articles 333.º, paragraphs 1 and 2 , and 334, Nos. 1 and 2. 2-the defendant who should answer to certain court, according to the General rules of jurisdiction, and is trapped in different region for another crime, is requested to the entity that has to your order. 3-the reasoned request of the defendant, the Court provide that the conditions for your journey. 4-the defendant who has appeared to the audience you can't take her until your term. The President takes necessary and appropriate measures to prevent the removal, included the arrest during the interruption of the hearing, if it seem indispensable. 5, notwithstanding the preceding paragraph, the defendant if away from the courtroom, can this continue until end if the defendant has already been questioned and the Court does not consider it essential to your presence, being to all intents and purposes represented by the Defender. 6-the provisions of the preceding paragraph is worth correspondingly for the case in which the accused, by intent or neglect, if you have put in a situation of inability to continue 279 to participate in the hearing. 7-in the cases referred to in paragraphs 5 and 6 of this article, as well as in article 325, paragraph 4, returning the accused to the courtroom is, under penalty of nullity, briefly instructed by President than if you have passed in your absence. 8-is correspondingly applicable articles 116, paragraphs 1 and 2, and 254 Article 333.º Lack and trial in absentia notified to the audience 1-If the defendant regularly notified is not present at the time designated for the beginning of the hearing, the President shall take the necessary measures and legally admissible to get your show, and the audience is only postponed if the Court considers that it is absolutely essential to the discovery of true material to your presence from the beginning of the hearing. 2-If the Court considers that the hearing can begin without the presence of the accused, or if the lack of defendant has caused the impediments set out in paragraphs 2 to 4 of article 117, the hearing is not delayed, being consulted or heard people present in the order referred to in paragraph 1 (b)) and c) of article 341.º, without prejudice of the change that is necessary to carry out the list presented , and their statements documented, and where appropriate the provisions of paragraph 6 of article 117 3-in the case referred to in the preceding paragraph, the accused retains the right to make a statement until the closure of the hearing, and if it occurs on the first date, the lawyer constituted or public defender to the accused may require this to be heard on the second date designated by the judge under article 312 , paragraph 2. 4-the preceding paragraphs shall not prejudice the hearing take place in the absence of the accused with your consent, pursuant to article 334, paragraph 2. 5-in the case referred to in paragraphs 2 and 3, with place the audience in the absence of the accused, the sentence is served on the accused as soon as he is arrested or appears voluntarily. The time limit for appeal by the defendant is counted as of the notification of the judgment. 6-is correspondingly applicable articles 116, paragraphs 1 and 2, and 254 and in paragraphs 4 and 5 of the next article.


Article 334 280 Hearing in the absence of the accused in particular cases and notification notice 1 the case fit process accelerated, but the procedure has been resubmitted to the common form and if the defendant cannot be notified of the order designating a day for the hearing or miss this unjustifiably, the Court may determine that the hearing take place in the absence of the accused. 2-whenever the defendant to meet practically unable to attend the hearing, in particular by age, serious illness or residence abroad, may require or allow the hearing takes place in your absence. 3-in the cases referred to in paragraphs 1 and 2, if the tribunal were to consider absolutely essential the presence of the accused, the, interrupting or delaying the hearing, if necessary. 4-where the hearing takes place in the absence of the accused, this is represented, to all effects, by the Defender. 5-In case of process connection, the accused present and absent are tried jointly, unless the Court has as more convenient separation of processes. 6-is correspondingly applicable articles 116, paragraphs 1 and 2, and Article 254 335.º Declaration of default judgment


1-outside the cases referred to in paragraphs 1 and 2 of the preceding article, if, after you have performed the necessary steps the notification referred to in article 313, paragraph 2 and the first part of paragraph 3, it is not possible to notify the defendant of the order designating the day to the audience, or run the detention or pre-trial detention referred to in articles 116 paragraph 2, and 254, or consequent to a circumvention, the defendant is notified by edicts to present in court, within 30 days, even under penalty of being declared a prior course. 2-The notices contain the indications for identification of the defendant, the crime imputed to him and the legal provisions that punish and communication, reporting within signed, will be declared obdurate.


281 3-the default declaration is the responsibility of the President and implies the suspension of further terms of process until the presentation or the arrest of the defendant, without prejudice to the execution of urgent acts under article 320 4-In case of process connection, the Declaration of default judgment implies the separation of those in which it was given.

Article 336 Expiry of the Declaration of default judgment 1-the Declaration of default shall lapse as soon as the defendant if present or is arrested, without prejudice to the provisions of paragraph 4 of the preceding article. 2-as soon as you present or is arrested, the accused is subject to term of identity and residence, without prejudice to other coercive measures, in accordance with the provisions of paragraphs 2, 4 and 5 of article 58 3-If the process has proceeded in accordance with article 283.º, paragraph 5, second sentence, the accused is notified of the indictment, and may require opening statement in the period referred to in article 287.º , followed by the other terms laid down for the common process.

Article 337.º effects and notification of default judgment 1-the Declaration of default judgment implies to the defendant the immediate passage of the arrest warrant for the purposes of paragraph 2 of the preceding article or for application of the measure of pre-trial detention, where appropriate, and the annulment of the legal businesses of patrimonial nature concluded after the Declaration. 2-the annulment is deducted before the competent court by prosecutors until the cessation of the default judgment. 3-When the measure is necessary to discourage the display situation of default judgment, the Court may decree the prohibition to obtain certain documents, certificates or records with public authorities, as well as the arrest, in whole or in part, of the assets of the accused. 4-The arrestment is correspondingly applicable Article 228, Nos. 2, 3, 4 and 5.


282 5-the order declaring the default judgment is advertised pursuant to article 113, paragraph 9, second sentence, and notified, with an indication of the effects provided for in paragraph 1, the defender and the relative or the person of the defendant. 6-the order declaring the default judgment, with specification of the respective effects, and declare your termination are published in the Diário da República.

Article 338 prior Issues or incidental 1-the Court meets and decides the nullities and of any other prior or incidental issues which may prevent the assessment of the merit of the cause for which has not yet been a decision and you can immediately appreciate. 2-the discussion of the issues referred to in the preceding paragraph must contain in time limits strictly required, not exceeding normally 1 hour. The decision may be given orally, with transcription in the minutes.

Article 1 introductory Exhibition 339.º-the introductory acts referred to in the preceding articles, the President orders the removal of the room of people to testify, and may proceed in the same way for other people to be heard, and makes a brief Exposition on the subject of the process. 2-then the President gives the word, in the order indicated, to the public prosecutor, the lawyers of the wizard, the injured and the responsible civil and the Defender, for each display, if so desired, summarily and within ten minutes, the facts that purports to prove. 3-the President actively regulates the exhibitions referred to in the preceding paragraph, in order to avoid rambling, reps or interruptions, as well as that they become primary claims. 4-Without prejudice to the rules governing the amendment of the facts, the discussion of the question concerns the facts alleged by the prosecution and the defence and the resulting of proof produced at the hearing, as well as all relevant legal solutions, irrespective of the legal classification of the facts resulting from the prosecution or 283 pronunciation, in view of the purposes referred to in articles 368.º and article 369 CHAPTER III of proof 340.º general principles Article 1-the Court orders, of its own motion or on application, the production of all evidence whose knowledge if it necessary to discover the truth and good decision. 2-If the Court considers it necessary to produce evidence not listed in the indictment, the pronunciation or of the defence, gives this knowledge, as early as possible, and to do it on the record. 3-Notwithstanding the provisions of article 328(1), paragraph 3, evidence requirements are rejected by Decree when the test or its means are legally inadmissible. 4-evidence requirements are still to be rejected if it is apparent that the evidence required: a) are irrelevant or superfluous; b) the evidence is inadequate to raise impossible or very doubtful; or (c)) the application's purpose merely dilatory.

Article 341.º production order of proof the proof shall be in the following order: the Statements of the accused); b) presentation of evidence by prosecutors, by the wizard and the injured person; c) presentation of evidence indicated by the defendant and by a civilian.


284 Article 342 defendant ID 1-the President begins by asking the accused by your name, affiliation, parish and County of birth, date of birth, marital status, profession, place of work and residence permit and, if necessary, ask him for the display of official document identification enough. 2-the President warns the defendant that the lack of reply to the questions asked or the falsity of the same can incur criminal liability.

Article 1-343.º of the defendant Claims the President informs the defendant that is entitled to give evidence at any time of the hearing, since they relate to the subject of the process, without however it is thank you and without your silence can desfavorecê it. 2-If the defendant if prepared to testify, the Court hears him in all that I say, within the limits mentioned in the preceding paragraph, without expressing any opinion or comment where can infer a judgment on the guilt. 3-If, in the course of the statements, the defendant to move away from the subject of the process referring the matter irrelevant to good decision of the cause, the President warns, and if that persists, cut him the word. 4-Answering several co-defendants, the President determines must be heard in the presence of each other; in the case of a separate hearing, the President, once all the defendants returned to the hearing and ears, give them briefly knowledge, under penalty of nullity, than if you have passed in your absence. 5-The Public Ministry, the Defender, to representatives of the wizard and the civil parties are not allowed in the declarations of the accused interference, in particular suggestions on how to declare. Caveat-if, however, with regard to the advocate, the provisions of article 345.º, paragraph 1, second part.


285 Article 344 Confession 1-in the case of the defendant State that intends to confess the facts imputed to him, the President, under penalty of nullity, ask him if he does it willingly and out of any coercion, as well as whether it intends to make a full confession and without reservation. 2-the full confession and without reservation implies: a) renunciation of proof relating to the facts complained of and subsequent consideration of these as proven; b) Passage immediately to oral allegations and, if the defendant should be acquitted for other reasons, the determination of the penalty applicable; and c) reduction in the rate of Justice in half. 3-exceptions to the provisions of the preceding paragraph in cases where:) there are co-defendants and not the full confession, without reservation and consistent of them all; (b)) the Court, in your belief, suspect the confession, including free by doubts about the imputability of the defendant or the full accuracy of the facts confessed; or c) the crime is punishable with imprisonment exceeding five years. 4-If the full confession and without reserve in the case of the preceding paragraph or the partial confession or with reservations, the Court decides, in your free conviction, whether to take place and to what extent the facts confessed, the production of evidence.

Article 345.º questions about the facts


1-If the defendant if you have the statement, each of the judges and the jury may ask you questions about the facts imputed to him and ask him for clarification on the statements made. The defendant may, spontaneously or the recommendation of the advocate, refuse to reply to some or all of the questions, without it can work. 2-the Public Ministry, the lawyer of the wizard and the Defender may ask the President to formulate the defendant questions, in accordance with the preceding paragraph.


286 3-can be shown to the defendant any person, documents or objects related to the subject of proof, as well as earlier parts of the process, without prejudice to the provisions of articles 356.º and 357-4 may not be worth as evidence statements of a co-defendant in prejudice to another co-defendant when the declarant refuses to respond to questions under paragraphs 1 and 2.

Article 346.º 1-Wizard's statements can be taken to Assistant upon questions by any of the judges and the jury or by the President, the request of the Prosecutor or defender of the civil parties ' lawyers or the wizard. 2-is correspondingly applicable article 145, paragraphs 2 and 4, and in paragraph 3 of the preceding article.

Article 347.º of the civil parties Statements 1-The responsible civil and the victim can be taken through statements by any of the questions of the jurors or judges or by the President, the request of the Prosecutor or Defender the Assistant or the civil parties. 2-is correspondingly applicable article 145, paragraphs 2 and 4, and article 345.º, paragraph 3.

Article 348.º 1 witness Inquiry-the production of testimonial evidence at the hearing are correspondingly applicable general provisions on that evidence, in everything that is not contradicted by the provisions of this chapter. 2-the witnesses are surveyed, one after the other, in the order in which they are listed, unless the President, founded reason, have another way.


287 3-the President question the witness by your ID, for their personal, family and professional relations with the participants and for your interest in the cause, all making mention in the minutes. 4-Then the witness is indicated for reporting, being then subject to cross-examination. When in this are raised issues not raised in direct questioning, who has indicated the witness can reinquiri her about those issues, and may follow if new cross-examination with the same scope. 5-the judges and juries may, at any time, formulate the witness question necessary for the clarification of the statement provided and good decision. 6-with the permission of the President, can the witnesses indicated by a co-defendant be consulted by the proponent of another co-defendant. 7-is correspondingly applicable the provisions of article 345.º, paragraph 3.

Article 349.º Witnesses under the age of 16 years cross-examination of witnesses under the age of 16 years is carried out only by the President. After her, the other judges, the judges, the Prosecutor, the defender and Assistant lawyers and civil parties may request the President to formulate additional questions to the witness.

Article 350.º Statements of experts and technical consultants 1-the statements of experts and technical consultants are taken by the President, to whom the other judges, the judges, the Prosecutor, the defender and Assistant lawyers and civil parties may suggest any requests for information or useful questions for the good decision. 2-For the provision of statements, experts and consultants may, with the authorization of the President, consult notes, documents or bibliographic elements, as well as use of technical tools that lack, and correspondingly still apply the provisions of article 345.º, paragraph 3.


288 3-experts of establishments, laboratories or official services are heard by conference call from your workplace, where technically possible, being only necessary notification of the day and hour that will your hearing.

Article 351.º Expertise on the psychic state of the accused 1-When the audience can raise appears to be the issue of the accused's disclaimer, the President, ex officio or at the request, ordering the appearance of an expert to give an opinion on the psychic state. 2-the Court may also order the attendance of an expert when the audience can raise the question of imputability appears to be reduced of the accused. 3-where justified, can the court order establishing specialized expertise. 4-If the expert has not yet examined the defendant, or the expertise is requested the specialized establishment, the Court, to the effect, interrupts the hearing or, if absolutely essential, postpones it.

Article 352 accused clearance during the provision of claims 1-the court orders the removal of the accused from the courtroom, for the provision of statements, if:) there is reason to believe that the presence of the accused would inhibit the declarant to tell the truth; (b)) the declarant is less than 16 years and there is reason to believe that your hearing in the presence of the accused could hurt him badly; or c) must be heard an expert and there is reason to believe that your hearing in the presence of the accused could seriously harm the physical or mental integrity of this. 2-Except in the case of point (c)) of the preceding paragraph, is correspondingly applicable the provisions of article 332.º, paragraph 7.


289 Article 353.º exemption from witnesses and other reporting 1-the witnesses, experts, the wizard and the civil parties may only leave the place of the hearing by order or with the authorization of the President. 2-the authorization is denied whenever there is reason to believe that his presence can be helpful to the discovery of truth. 3-the Public Ministry, the defender and Assistant lawyers and civil parties are heard about the order or authorization.

Article 354.º on-site Examination the Court may, if it considers this necessary to the good cause decision, move to the location where there has been any fact whose proof is essential and convene for this purpose procedural participants whose presence convenient.

Article 355.º ban on valuation of evidence 1-don't count on trial, in particular for the purpose of formation of conviction by the Court, any evidence that have not been produced or examined in the hearing. 2-Does-if the provisions of the preceding paragraph the evidence contained in procedural acts whose reading, viewing or listening audience are permitted, in accordance with the following articles.

Article Read 356.º autos and declarations allowed 1-is only allowed to read in autos: the audience) relating to procedural acts carried out pursuant to article 318, and 320 319.º; or b) or statement of inquiry which do not contain statements of the accused, the Assistant of the 290 civilians or of witnesses. 2-the reading of statements by the Assistant of the civil parties and of witnesses is permitted only having been provided before the judge in the following cases: a) If the claims have been taken pursuant to articles 271.º and 294; b) If the public prosecutor, the accused and agree on your reading; c) in the case of statements obtained by means of letters rogatory legally allowed. 3-it is also allowed to read statements previously provided before the judge: a) on the necessary for the revival of the memory of those who declared at the hearing that no longer recalls certain facts; or b) when there is, between them and the ones made in the hearing, contradictions or discrepancies. 4-is allowed to read statements made before the judge or the Prosecutor if the declarants have not been able to attend by passing, psychic anomaly or supervening impossibility made to last. 5-checking if the provisions of paragraph 2, point (b)), the reading can take place even in the case of statements made before the public prosecutor or criminal police bodies. 6-is forbidden, in any case, the reading of the testimony provided in investigation or witness statement that, at the hearing, has validly refused to testify. 7-The criminal police bodies received statements whose reading is not allowed, as well as any person who, in any capacity, have participated in your collection, cannot be surveyed as witnesses on the content of those. 8-the viewing or listening of recordings of procedural acts is allowed only when the is reading the respective auto pursuant to the preceding paragraphs. 9-the permission of a reading, viewing or listening to your legal justification shall be included in the minutes, under penalty of nullity.

Article 357 of the accused's statements allowed Reading 1-reading statements previously made by the defendant is only allowed: 291 a) your own request and, in this case, regardless of the entity to whom have been provided; or (b)) When, having been made before the judge, there are contradictions or discrepancies between them and the ones made in the hearing. 2-is correspondingly applicable the provisions of paragraphs 7 to 9 of the previous article.

Article 358.º of non-substantial Change facts described in the indictment or in pronunciation


1-If in the course of the hearing if it finds a non-substantial alteration of the facts described in the indictment or in pronunciation, if any, with emphasis on the decision, the President, ex officio or at the request, communicate the amendment to defendant and grant him, if he so requests, the time necessary for the preparation of the defence. 2-Caveat-if the provisions of the preceding paragraph the case of the amendment have derived from facts alleged by the defense. 3-the provisions of paragraph 1 is correspondingly applicable when the Court changing the legal classification of the facts described in the indictment or in pronunciation.

Article 359.º substantial change of the facts described in the indictment or in pronunciation 1-A substantial change of the facts described in the indictment or in the pronunciation cannot be taken into account by the Court for the purpose of sentencing in the ongoing process, or imply the extinction of the instance. 2-the substantial change of the facts to the public prosecutor shall complaint to that he proceed by new facts, if they are autonomizáveis in relation to the subject-matter of the proceedings. 3-Does-if the provisions of the preceding paragraph in cases where the public prosecutor, the accused and his assistant are in accordance with the continuation of the trial by new facts, if they do not determine the jurisdiction of the Court. 4-in the cases referred to in the preceding paragraph, the President grants the accused, the application of this term for preparation of the defence of not more than 10 days, with the consequent postponement of the hearing, if necessary.


292 Article 360.º oral Allegations 1-after the production of proof, the President gives the word, successively, to the public prosecutor, the lawyers of the wizard and the civil parties and the proponent, oral arguments in which expose the conclusions of fact and law, they have extracted from the proof produced. 2-it is permissible to carry replica, all at once, but always the Defender, if you ask for the word, the last to speak, under penalty of nullity. The replica must contain within the limits strictly necessary for refutation of opposing arguments that have not been previously discussed. 3-oral allegations may not exceed, for each of the players, 1 hour and 20 minutes replicas; the President may, however, allow the use of the word that exhausted the maximum legally allowed time, so appears to be the claim based on the complexity of the case. 4-In exceptional cases, the Court may order or authorize by order the suspension of claims for production of evidence arising when this proves indispensable for the good decision of the cause; the order fixes the time allowed for that purpose.

Article 361.º latest statements of the accused and closure of discussion 1-End allegations, the President asks the defendant if there's anything else to claim in your defense, hearing him in everything you declare. 2-then the President declared closed the discussion, without prejudice to article 371.º, and the court retires to deliberate.

CHAPTER IV of the documentation of the 362.º Article 293 Minutes hearing 1-the minutes of the hearing contains: a) the place, date and time of opening and closing of the hearing and of the sessions that the composed; b) the names of the judges, jurors and the representative of the Public Ministry; c) identification of the defendant, the defender of the wizard, the civil parties and their lawyers; d) identification of witnesses, experts, technical consultants and interpreters and all evidence produced or examined in hearing; and the decision to exclude or) constraint of advertising, in accordance with article 321; f) applications, decisions and any other information which, by law, it should be included; g) the signature of the President and of the bailiff to the plough. 2-the President may order that the transcript of the verbal protests and requirements be made after sentencing, if consider minimum.

Article 363 Documentation of oral statements The statements made orally at the hearing are always documented in the minutes, under penalty of nullity.

Article 364 .° 1-documentation Form documenting statements made orally at the hearing is made, as a rule, through magnetofónica or audiovisual recording, without prejudice to the use of means estenográficos or estenotípicos, or other suitable technical means to ensure the integral reproduction of those. Is correspondingly applicable the provisions of paragraphs 2 and 3 of article 101° 2-When there is any magnetofónica or audiovisual recording, should be recorded in the minutes 294 the beginning and end of the recording of each statement.

TITLE III of the sentence Article 365.º deliberation and vote 1-except in cases of absolute impossibility, professed in order, the decision follows the closure of the discussion. 2-in the deliberation involved all the judges and jurors who make up the Court, under the direction of the President. 3-each and every juror set out the reasons for your opinion, indicating, where possible, the evidence used to form your conviction, and vote on each of the issues, regardless of the vote who have expressed about other. It is not permissible to refrain. 4-the President collects the votes, starting with the judge with less length of service, and vote in last place. In the Court of jury vote first juries, in ascending order of age. 5-the decisions are taken by simple majority of votes.

Article 366.º 1-Secretary to the deliberation and voting can assist the Secretary or clerk of Justice that the President designate. 2-the Secretary pays into court all the assistance and collaboration of this need during the process of deliberation and voting, in particular, taking notes, whenever the President understand, of the reasons and evidence indicated by each Member of the Court and of the outcome of the vote of every one of the issues to consider. 3-the notes taken by the Secretary are destroyed as soon as the sentence is drawn up.


295 Article 367 secret of deliberation and vote 1-participants in the Act of deliberation and vote referred to in the preceding articles may not reveal anything than during it if you have past and relate to the question, or express your opinion about the decision taken. 2-the violation of the provisions of the preceding paragraph is punishable by the penalties provided for in article 371.º of the criminal code, without prejudice to disciplinary responsibility to give way.

Article 368.º issue of guilt 1-the Court begins by deciding prior questions separately or incidental damages which has not yet been a decision. 2-then, if the assessment of merit has not been impaired, the President lists broken down and specifically and submits the deliberation and voting on the facts alleged by the prosecution and the defence, as well as the resulting from the discussion of the case, relevant to the issues) If were the constituent elements of the crime; b) If the defendant has engaged in crime or participated; c) If the defendant acted with guilt; d) If there has been any cause which exclude unlawfulness or guilt; and If there were any other) assumptions of the law make punishable or agent dependent on the application to this security measure; f) If there have been assumptions to which the arbitration of civil compensation. 3-then the President lists provides details and submit the deliberation and voting on all questions of law raised by the facts referred to in the preceding paragraph.


Article 369 296 issue of determining the penalty 1, the deliberations and voting conducted in accordance with the previous article, that the defendant must be applied a penalty or a safety measure, the President read or have read all the existing documentation on the record concerning a criminal record of the accused, the skill on your personality and social report. 2-then the President asks if the Court considers that the production of additional evidence to determine the species and the measure of the sanction to be applied. If the answer is negative, or after production of proof in accordance with article 371.º, the Court deliberates and votes about the species and the extent of the sanction to be applied. 3-If, in the deliberations and voting, as referred to in the preceding paragraph, demonstrate more than two reviews, the votes in favour of the severest penalty added to the gravity penalty immediately inferior to most.

Article 370 social Report 1-the Court may at any time, as soon as, depending on the evidence for the effect produced in the hearing, considers it necessary for the proper determination of the penalty that may be imposed, order the social reporting or information of social reintegration services, or to update when those already contained in the process. 2-Regardless of request, social reintegration services can send to the Court, when the defendant the advise, the social report or update.. 3-the reading audience of social report or information of social reintegration services is permitted only at the request, in accordance with and for the purposes set out in the following article. 4-is correspondingly applicable Article 355.º



Article 297 371.º Reopening of the hearing for the determination of the sanction 1-making it the necessary additional evidence production, in accordance with article 369, no. 2, the Court back to the courtroom and declares this reopened. 2-then proceeds to the production of proof required, whenever possible the expert criminológico, coach of social reintegration and any people who can testify with relief on the personality and the living conditions of the accused. 3-the interviews are always made by the President, and ended them, the other judges, the judges, the Prosecutor, the defender and Assistant's lawyer suggest any requests for clarification or questions relevant for decision. 4-after the production of additional evidence, the prosecutors, the lawyer of the wizard and the Defender can claim conclusively to a maximum of twenty minutes each. 5-the production of additional evidence stems from excluding advertising, unless the President by order, understand that advertising cannot lead the offense the defendant's dignity.

Article 371.º-the opening of the hearing for retroactive application of the more favourable criminal law If, after the final transit of the conviction but before it ceased execution of the sentence, enter into force more favourable criminal law, the convict may request the reopening of the hearing to be applied to the new regime.

Article 372.º Drafting and signature of sentence 1-Complete the deliberation and voting, the President, or, if this be won, the oldest judge of that maturity, produce the sentence according to the positions that they have done. 2-then the sentence is signed by all the judges and jurors and, if some of the judges signing won, accurately statement declares your vote.


298 3-Back the courtroom to courtroom, the sentence is read publicly by the President or by other judges. The reading of the report can be omitted. The reading of the statement of reasons or, if this is too long, a your summary as well as the device is compulsory, on pain of nullity. 4-the reading of the sentence is equivalent to your notification to procedural subjects should be considered present at the hearing. 5-shortly after the reading of the verdict, the President shall deposit on your desk. The Secretary shall affix the date, endorses the Declaration of deposit and delivery procedural to copy request.

Article 373.º 1-sentence When reading, given the particular complexity of the cause, it is not possible to proceed immediately to the drafting of the sentence, the President publicly fixed the date within 10 days to the reading of the sentence. 2-the date set shall be publicly reading the sentence and your deposit at the registry in accordance with the previous article. 3-the defendant who is not present is considered notified of the sentence after this have been read before the public defender or constituted.

Article 374.º requirements of sentence 1-the sentence starts with a report which contains: a) the indications for identification of the defendant; b) indications for identification of the wizard and the civil parties; c) the indication of the crime or crimes ascribed to the accused, according to the prosecution, or pronunciation, if there has been; (d) a summary of the conclusions) contained in the contest, if it has been presented. 2-the report follows the reasoning contained in the enumeration of the proven facts and not proven, as well as a complete as much as possible, although concise, the reasons in fact and law, which underlie the decision indicating 299 and critical examination of the evidence used to form the conviction by the Court. 3-the sentence ends by the device that contains: a) The applicable legal provisions; (b)) the judgment or of acquittal; c) the indication of the treatment or crime-related objects; d) the shipping order of newsletters to the criminal record; and) the date and the signatures of the members of the Court. 4-the sentence observes the provisions of this Code and the code of legal costs in respect of the expense.

Article 375.º 1-the enforceable judgment enforceable judgment specifies the reasons which governed the choice and as the penalty imposed, indicating, in particular, where appropriate, the beginning and your compliance regime, other duties which the condemned are taxes and your duration, as well as the individual plan of social readaptation. 2-after reading the enforceable judgment, the President, when it deems convenient, direct the defendant brief speech, urging it to correct itself. 3-for the purposes of this code, it is also considered enforceable judgment that have decreed the penalty waiver. 4-where necessary, the Court shall review the situation of the accused, by subjecting him to coercive measures admissible and suitable precautionary demands that the case requires.

Article 376.º 1-the sentence of acquittal Verdict of acquittal declares the extinction of any measure of coercion and orders the immediate release of the accused arrested pre-emptively, except where he must remain in jail for another reason or suffer security measure. 2-the sentence of acquittal condemns the wizard in expense, under the conditions laid down in this code and in the code of legal costs.


300 3-If the crime was committed by incompetent to stand trial, the sentence is of acquittal; But if it is applied security measure, shall be enforceable judgment for the purposes of paragraph 1 of the preceding article and appeal of the accused.

Article 377.º decision on claim 1 civil-the sentence of acquittal, though, condemns the defendant in civil compensation whenever the respective request were to be established, without prejudice to the provisions of article 82, paragraph 3. 2-If the responsible civilian has intervened in criminal proceedings, the conviction in civil damages is rendered against him or against him and the accused jointly when your responsibility is to be recognized.

Article 378.º-1 of acquittal sentence publication When it considers justified, the court orders on the device the full publication or by extract of the sentence of acquittal in newspaper indicated by the accused, since this requires until the closure of the hearing and there is constituted in Wizard process. 2-the costs are at the charge of the Assistant and worth as expense.

379.º Invalidity of article 1-sentence is null the sentence: a) That does not contain the indications referred to in article 374.º, paragraphs 2 and 3 (b)); b) condemn for facts other than those described in the indictment or in pronunciation, if any, out of the cases and conditions provided for in articles 358.º and 359.º; c) When the Court be sure to comment on issues that should enjoy or know of issues that could not be informed. 2-The nullities of the sentence should be accused or known on appeal, being lawful to court to provide them, by applying mutatis mutandis the provisions of Article 414.º 301, paragraph 4.

Article 380.º 1 sentence correction-the Court shall of its own motion or on application, the correction of sentence when: a) outside the cases referred to in the previous article, has not been observed or has not been fully subject to the provisions of clause 374.º; b) the sentence contains error, ambiguity or obscurity, whose elimination doesn't mind essential modification. 2-If you have already risen, sentence correction feature is made, when possible, by the competent court to hear the appeal. 3-the preceding paragraphs is correspondingly applicable to other decision-making acts provided for in article 97 Article 380.º-(repealed) BOOK VIII of the special procedures title I of summary procedure Article 381.º When takes place 1-Are judged in summary process those arrested in flagrante delicto, pursuant to articles 255 and 256, for crimes punishable by prison sentence whose upper limit is not more than 5 years even in the event of infringements:) When the arrest has granted any judicial authority or police authority; or (b)) When the arrest has been made by someone else and, within a period not exceeding 2 302 hours, the detainee has been handed over to one of the entities referred to in the preceding sub-paragraph, worded auto contents delivery. 2-Are still tried in summary proceedings, in accordance with the provisions of the preceding paragraph, those arrested in flagrante delicto for crimes punishable with imprisonment of a maximum of more than 5 years, even in the case of offences when the Prosecutor in the indictment, understand that should not be applied, in particular, imprisonment of more than 5 years.

Article 382.º presentation to the Prosecutor and the trial


1-the legal authority, if not the public prosecutor's Office, or the police authority that have granted arrest or who have been made the delivery of the detained are in, immediately or as soon as possible, to the public prosecutor at the court competent for the trial. 2-the Prosecutor, after interrogating the accused summarily, submit it immediately, or as soon as possible, the competent court for the trial. 3-If you have reason to believe that the audience of trial cannot start within 48 hours after the arrest, prosecutors release immediately the defendant, subject, if appropriate, the statement of identity and residence, or submit it to the judge for the purposes of application of coercive measure or guarantee.

383.º article 1 Notifications-the judicial authority or the police authority that has granted the arrest shall notify verbally, in the Act itself, the witnesses of the occurrence, in number no more than five, and the offended if your presence is useful, to appear at the hearing. 2-in the same Act the defendant is informed that can present at the hearing to five defense witnesses, and these, if present, verbally notified.


Article 303 384.º archiving or suspension of the process is correspondingly applicable in summary proceedings pursuant to articles 280, 281 and 282 385.º Article release of defendant 1-the presentation to the judge has not place in action followed the arrest in flagrante delicto, the only defendant still in custody if there is reason to believe that will not spontaneously before the judicial authority within which it is set. 2-In any case, the accused is immediately released when that cannot be presented to a judge within 48 hours. 3-in the case of release pursuant to the preceding paragraphs, the criminal police body subject the defendant to a term of identity and residence and notifies him to appear before the public prosecutor, the day and time designated to be submitted: a) the audience of trial in summary process, with the warning that this will take place, even if they do not attend , being represented by advocate; or (b)) the first judicial interrogation and possible application of coercive measure or guarantee.

386.º general principles article 1-the trial judgment in summary proceedings shall be governed by the provisions of this code relating to trial by court, with the modifications set out in this title. 2-acts and terms of trial are kept to the minimum indispensable knowledge and good decision.


304 Article 387.º 1 Audience-the beginning of the trial hearing in summary process takes place within a maximum of 48 hours after the arrest. 2-the beginning of the hearing may be postponed: a) to the extent of the 5th day after the arrest, when the filing of one or more non-working days within the period laid down in the preceding paragraph; b) up to a maximum of 30 days, if the defendant requests such a period for preparation of your defense or whether the Court, ex officio or at the request of the public prosecutor deems it necessary for any due diligence essential evidence the discovery of truth. 3-If the hearing is adjourned, the judge warns the defendant that this will take place on the date designated, even if you don't attend, being represented by a defender. 4-If missing witnesses that the prosecution, the wizard or the defendant does not withdraw, the hearing is not delayed, and surveyed the witnesses present in the order indicated in paragraph 1 (b)) and c) of article 341.º, without prejudice to the possibility of changing the list presented.

Article 388.º Assistant and civil parties In summary process, people may legitimately be wizards or intervene as civil parties if they so request, even verbally, at the beginning of the hearing.

389.º Proceedings article 1-If the prosecution is not present at the beginning of the hearing and cannot attend immediately, the Court shall substitute replacement your cool. 2-the Public Ministry can replace the prosecution's presentation by reading the auto news of the authority that has granted the arrest. 3-if required documentation of court acts, the prosecution, the defence, 305 a claim and your dispute, when verbally submitted, are recorded in the minutes. 4-the presentation of the prosecution and of the defence shall supersede the introductory exhibition referred to in article 5-339.º after the production of proof, the word is given, for once, the Public Ministry, representatives of the wizard and the civil parties and the Defender, which can use it for a maximum of 30 minutes, 7. 6-the sentence is soon given verbally and dictated to the minutes.

Article 390.º referral to another way to process the Court refers the case back to the Prosecutor for proceedings in another form of procedure when: a) if accepted, in the case of summary proceedings; (b)) could not, for duly justified reasons, take place within a maximum period referred to in article 387.º, the diligence of proof necessary for the discovery of truth; or c) the procedure to be of exceptional complexity, due, in particular, the number of defendants or offended or the highly organized nature of the crime.

Article 391.º Recorribilidade In summary proceedings shall be admissible only appeal the sentence or order that terminates the process.

TITLE II of the abbreviated process 306 Article 391.º when takes place 1-in the case of a crime punishable with the penalty of fine or with imprisonment not exceeding 5 years, with simple and evident evidence resulting in enough to have checked the crime and who was your agent, the Prosecutor, in the face of auto news or after conducting investigation summary , deducts charges for trial in abbreviated process. 2-Are still judged in abbreviated process, in accordance with the provisions of the preceding paragraph, the crimes punishable with imprisonment of a maximum of more than 5 years, even in the case of offences when the Prosecutor in the indictment, understand that should not be applied, in particular, imprisonment of more than 5 years. 3-is correspondingly applicable the provisions of article 16, paragraph 3. 4-for the purposes of paragraph 1, it is considered that there are simple and evident evidence when, namely: a) the agent has been arrested in flagrante delicto and the trial cannot take place in the form of summary procedure; b) is essentially documentary proof and can be collected within the time limit laid down for the deduction of the charge; or c) proof based on face-to-face with uniform version of the witnesses.

Article 391.º-B Charge, filing and suspension of the process 1-the prosecution of the prosecution service must contain the elements referred to in article 283.º, paragraph 3. The identification of the accused and the narration of the facts can be carried out, in whole or in part, by reference to the news or to the complaint. 2-the charge is deducted within 90 days following the Acquisition News: a) of crime, pursuant to article 241, in the case of public crime; or b) Presentation of a report, in all other cases. 3-If the procedure depend on private prosecutor, the Prosecutor's accusation takes place after deducted charges pursuant to article 285-4 is correspondingly applicable in abbreviated process articles 307 to 282 391.º Article 280a-C 1-process Sanitation Received the record, the judge knows the issues referred to in article 311 2-If not to reject the prosecution , the judge shall appoint a day for the hearing, with precedence over the trials in common process, without prejudice to the priority to give to urgent cases.

Article 391.º-D Hearing the trial hearing in abbreviated process starts within 90 days after the deduction of charges.

Article 391.º-1 Trial-the trial shall be governed by the provisions relating to the trial in common, with the amendments provided for in this article. 2-After production of proof, it is granted to prosecutors, representatives of the wizard and the civil parties and the Defender, which can use it for a maximum of 30 minutes, which can be extended if necessary and so is required. Replica is permitted for a maximum of ten minutes. 3-the sentence is soon given verbally and dictated to the minutes.

Article 391.º-F Recorribilidade is correspondingly applicable to the abbreviated process article 391.º.

TITLE III of the process accelerated, 308 Article 392.º When takes place 1-in the case of a crime punishable with imprisonment not exceeding 5 years or a fine penalty, the Prosecutor, at the initiative of the accused or after having heard and when understand that the case must be concretely applied penalty or security measure non-custodial , requires the Court to the application takes place in the process accelerated. 2-If the procedure depend on private prosecutor, the request provided for in the preceding paragraph depends on the concurrence of the Assistant.

Article 393.º Civil Parties is not permitted, in accelerated process, the intervention of civil parties, without prejudice to the possible application of article 82-.

Article 394 Application


1-the application of the public prosecution service is written and contains the indications for identification of the accused, the description of the facts complained of and the legal provisions violated, the existing evidence and the summary statement of the reasons why it considers that the case should not be applied in particular jail. 2-the application terminates with the precise indication by prosecutors: a) the sanctions specifically proposals; (b)) of the exact amount to be allocated by way of repair, in accordance with article 82-A, when it should be applied.

Article 395.º 1-rejection of the application judge rejected the request and resends the process to another so that it fits: 309 to) when it is legally inadmissible the procedure; b) When the application is manifestly unfounded pursuant to article 311, paragraph 3; c) When the sanction proposal is clearly guaranteed not to perform properly and the purposes of punishment. 2-in the case referred to in point (c)) of the preceding paragraph, the Court may, as an alternative to the referral of the case to another shape, fix different sanction on your species or the proposal of the public prosecutor, with the approval of this and of the accused. 3-If the judge refer the case back to another way, the request of the public prosecutions equates, in all cases, the charge. 4-the order referred to in paragraph 1 no appeal.

Article 396.º notification and the opposition accused 1-the judge, if not to reject the application in accordance with the previous article: the Name the defendant that Defender) has not lawyer constituted or public defender; and b) orders the notification to the defendant of the request of the Prosecutor and, where appropriate, the order referred to in paragraph 2 of the preceding article, to, want, oppose within 15 days. 2-the notification referred to in the preceding paragraph is made by personal contact, in accordance with article 113, paragraph 1, point (a)), and must contain obligatory the) information to the right of the defendant to oppose the sanction and the way to do it; b) an indication of the time limit for opposition and your final term; c) clarification of the purpose of opposition and of non-opposition referred to in the following article. 3-the application is also served on the Defender. 4-the opposition can be deduced by simple declaration.


Article 1 Decision 397.º 310-When the defendant does not object to the request, the Court, by order, the application of the sanction, adding condemnation in expense, being the rate of Justice reduced to one third. 2-the order referred to in the preceding paragraph shall be enforceable judgment and moves immediately. 3-is null order which apply different penalty proposal or fixed in accordance with the provisions of articles 394, n. º 2, and 395.º, paragraph 2.

Article 398-1 process to continue If the defendant objecting, the judge orders the return of the case to another so that you fit, equivalent to the charge, in all cases, the application of the public prosecution service formulated under article 2 394-ordered the reference, the accused is notified of the indictment, as well as to require, in the case of the following common form process , the opening statement.

BOOK IX Of title I ordinary resources resources Chapter I General principles Article 399 general principle is allowed to appeal the judgments, sentences and orders whose irrecorribilidade are not provided for in the law.


Article 311 400th decisions that do not admit 1-feature is not admissible appeal: a) orders of mere expedient; b) Of decisions ordering free resolution dependent acts of the Court; c) Of judgments, on appeal, by the relationships that don't know, the end, the object of the process; d) absolutórios judgments delivered, on appeal, by the relations, confirming the decision of first instance; and) Of judgments, on appeal, by the relations, which apply penalty of fine or imprisonment not exceeding five years; f) rulings condemning talks, on appeal, by the relations, confirming the decision of first instance and apply imprisonment not exceeding eight years; g) in other cases provided by law. 2-Notwithstanding the provisions of articles 427.º and 432.º, the use of part of the sentence concerning the civil compensation shall be admissible only in so far as the order amount exceeds the jurisdiction of the Court under appeal and the contested decision is unfavourable to the applicant in value more than half this purview. 3-even if it's not admissible appeal regarding criminal matters, an appeal may be lodged on the part of the sentence concerning the civil compensation.

Article 401.º legitimacy and interest in Act 1-Have legitimacy to resort: a) the prosecution, of any decisions, even though in the exclusive interest of the accused; (b)) the accused and his assistant, of decisions against them judgment; (c)) the parties of civil decisions against each uttered; d) those who have been sentenced to payment of any amounts, under this code, or have to defend a 312 law affected by the decision. 2-can't appeal who has no interest in acting.

Article 402.º scope of 1 feature-without prejudice to the provisions of the following article, the appeal of a sentence covers the whole decision. 2-unless it is founded on strictly personal reasons, the appeal: a) by one of the defendants, in case of reimbursement, leverages the other; b) by defendant, takes full advantage of responsible; c) By responsible civil, makes the defendant, even for criminal purposes. 3-the action brought only against one of the defendants, in cases of reimbursement, shall not affect the other.

Article 403.º 1 resource limitation-it is permissible to limit the use of a part of the decision when the defendant can be separated from the non-defendant, in order to make possible an appreciation and an autonomous decision. 2-for the purposes of the preceding paragraph, is autonomous, in particular, the part of the decision which refer to: a) criminal matters; b) civil matters; c) in the case of crimes, to each of the crimes; d) in the case of criminal unit, the question of guilt, with respect to refer to the question of the determination of the sanction; and in the case of criminal participation), each of the defendants, without prejudice to article 402.º, paragraph 2 (a)) and (c)); f) inside the issue of determining the penalty, each of the penalties or security measures. 3-the limitation of use of a part of the decision shall not affect the obligation to remove the origin that the consequences legally imposed in respect of all the contested decision 313.

Article 404.º-appeal 1-in the event of an appeal brought by one of the civil parties, the other party can appeal. 2-the appeal is lodged within 20 days, counted of the date of the notification referred to in paragraphs 6 and 7 of article 411 .° 3-If the first applicant give up the appeal, this being without effect or the Court does not take notice of him, the appeal is hereby dismissed.

Article under Complaint against order not admit or retain the feature 1-order not admit or retain the application, the applicant may complain to the President of the Court to which the appeal is directed. 2-the complaint is lodged at the registry of the Court defendant within 10 days from the notification of the order that has not admitted the appeal or the date on which the applicant has been aware of the retention. 3-in the application the claimant sets out the reasons for the acceptance or the immediate rise of resource and indicates the elements that intend to instruct the complaint. 4-the decision of the President of the High Court is final when confirming the order of dismissal. In the otherwise, not binding on the Court of appeal.

Article 406.º Rise in autos and separately 1-Rise in own record the appeals of decisions that put an end to the cause and that with those should go up. 2-climb separated the resources referred to in the preceding paragraph that should go up immediately.


314 Article 407 Now rising 1-Rise immediately the resources whose retention would make them absolutely useless. 2-Also rise immediately appeal lodged:) of decisions that put an end to the cause; b) further decisions referred to in the preceding sub-paragraph; c) decisions that apply or maintain coercive measures or asset guarantee, under this code; d) decisions that condemn in payment of any amount under this code; and) when the judge dispatch does not recognize deterrent against you deducted; f) Of order refusing the Prosecutor legitimacy to the continuation of the process; g) Of order which does not admit the Constitution of Wizard or the intervention of civil party; h) Of order refusing the request for opening statement; I) of the decision to investigate, without prejudice to article 310; (j)) Of dispatch to refuse request for submissiveness of defendant suspected of mental abnormality to their expertise. 3-When should not rise immediately, resources rise and are instructed and tried in connection with the annulment of the decision which has put an end to the cause.

Article 408.º Appeal with suspensive effect


1-have suspensory effect of the process: a) The recourses of damning final decisions, without prejudice to article 214; b) appeal against the order of pronunciation, without prejudice to article 310 2-Suspend the effects of the contested decision: a) appeals of decisions that condemn the payment of any sums, under this code, if the applicant to deposit your 315 value; b) appeal against the order which he considers broken bail; c) recourse to order to order the execution in case of non-compliance of private freedom no penalty; d) dispatch feature that consider void for non-payment of fee, the appeal of final decision of conviction. 3-The resources provided for in paragraph 1 of the preceding article have suspensive effect when their process depend on the validity or effectiveness of subsequent acts, suspending the contested decision in other cases.

Article reformatio in pejus ban 409.º 1-appeal of final decision only by the accused, the public prosecutor, in the exclusive interest of that, or by the accused and the public prosecutor in the exclusive interest of the first, the High Court cannot modify, in your species or the sanctions contained in the contested decision, to the detriment of any of the defendants, even if non-recurring. 2-the prohibition in paragraph 1 shall not apply to the aggravation of the amount fixed for each day of fine, if the economic and financial situation of the accused has meanwhile improved so sensitive.

CHAPTER II of unitary proceedings Article 410.º grounds of the appeal 1-whenever the law does not restrict the cognition of the Court or its powers, the appeal may be based on any issues that could meet the contested decision. 2-Even in cases where the law restricts the cognition of the Court of appeal the matter of law, the appeal may be as foundations, since addiction resulting in the text of the contested decision, by itself or together with the rules of common experience: the 316) the inadequacy for the decision of the facts proved; b) the contradiction between the irreconcilable reasoning or reasoning and decision; c) notorious Error in assessing the evidence. 3-the resource can still have as a basis, even though the law restrict the cognition of the Court of appeal to disregard law cominado requirement under penalty of nullity that shouldn't be considered cured.

Article 411.º Filing and notification of the appeal 1-the deadline for appeals is 20 days and include: a) from the notification of the decision; b) in the case of a judgment, the filing at the registry; c) in the case of oral decision reproduced in minutes, from the date on which it was given, if the person concerned is or will be assumed this duty. 2-the use of judgment in hearing may be brought by simple declaration on acta. 3-the application of appeals is always motivated, under penalty of non-admission of the appeal, and the motivation, in the case of action brought by statement on acta, be submitted within 20 days, counted of the date of filing. 4-If the feature has as its object the review of recorded evidence, the deadlines set in paragraphs 1 and 3 are high for 30 days. 5-at the request of appeal the applicant may request that the hearing, specifying the points of motivation of the resource that you want to see discussed. 6-the application for filing or motivation are notified ex officio other procedural subjects affected by the appeal, and shall be delivered to the number of copies required. 7-the application of appeal affecting the defendant tried in absence, or motivation, prior to notification of the sentence, are notified that when it is notified, pursuant to paragraph 5 of article 333 .° 412.º Motivation Article 317 of the resource and conclusions 1-motivation States specifically the grounds of the appeal and ends by formulating conclusions less articles, in which the applicant summarizes the reasons for the request. 2-Law On findings indicate: a) legal provisions violated; b) the sense that, in the opinion of the applicant, the Court defendant played each standard or with the applied and the sense that she should have been interpreted or that should have been applied; and c) in the event of error in determining the applicable standard, the rule of law that, in the understanding of the applicant, must be applied. 3-When contests the decision about a matter of fact, the applicant must specify: a) the concretes that points it deems wrongly judged; (b)) The evidence which impose different decision concrete of the defendant; c) the evidence that must be renewed. 4-When the evidence has been recorded, the specifications referred to in paragraph 1 (b)) and c) of the preceding paragraph are made by reference to the recorded in the minutes, in accordance with the provisions of paragraph 2 of article 364, and the applicant indicate specifically the passages in which the challenge is based. 5-going on features retained, the applicant specifies, in the conclusions, which keeps interest. 6-in the case referred to in paragraph 4, the court proceeds to a hearing or viewing of the passages indicated and others consider relevant for the discovery of truth and the good decision.

Article 413.º 1 Response-The procedural subjects affected by the filing of the appeal may respond within 20 days from the date of the notification referred to in paragraphs 6 and 7 of article 318 411 .° 2-If the feature has as its object the review of recorded evidence, the time limit laid down in the preceding paragraph is high for 30 days. 3-the answer is notified to the procedural subjects affected by it, and shall be delivered to the number of copies required. 4-is correspondingly applicable the provisions of paragraphs 3 to 5 of article 412.º Article 414.º resource Admission 1-Received the answer of the subjects affected by the procedural appeals or expiry for this purpose, the judge gives order and, in the case of admission, your effect and ascent. 2-the feature is not admitted when the decision is unappealable manner, when it is brought out of time, when the applicant does not have the necessary conditions for challenging or when it's the motivation. 3-the decision to admit the feature or to determine the effect up or don't rise scheme binds the High Court. 4-If the resource is not brought for a decision to meet, the final of the subject-matter of the proceedings, the Court may, before ordering the referral of the case back to the superior court, support or repair that decision. 5-going on defendants arrested, must be mentioned such circumstance, stating the date of deprivation of liberty and detention facility where they are. 6-Rising the separate feature, the judge must ascertain whether the same shows instructed with all elements necessary for good cause, determining decision, where appropriate, the extraction and merging of certificate of relevant procedural documents. 7-if the feature up in autos and any defendants deprived of liberty, the Court, before the referral of the case to the higher court, orders the taking of necessary procedural parts certificate to your review. 8-going on multiple resources of the same decision, some of which focus on facts and other exclusively about law, are all judged by the competent court in matters of fact.


Article 415 319 1-Waiver the public prosecutor, the accused, the wizard and the civil parties may withdraw from the action brought, until the moment of the process be conclusion the rapporteur for preliminary examination. 2-the withdrawal is made by petition or by word in the process and is judged by the rapporteur to article 416.º for the Public Ministry 1-before being presented to the rapporteur, will process for the Prosecutor at the Court of appeal. 2-If you have been hearing required pursuant to paragraph 5 of article 411.º, the view to the public prosecutor for taking knowledge of the process.

417.º Preliminary Examination article 1-Harvested by the Public Ministry the process conclusion the rapporteur for preliminary examination. 2-If, in the view referred to in the previous article, the Prosecutor does not limit your Visa affixed, the defendant and the other guys affected by procedural appeals are notified to, wanting to respond within 10 days. 3-If the motivation of the resource does not contain conclusions or these you cannot deduct in full or in part the particulars provided for in paragraphs 2 to 5 of article 412, the Rapporteur invites the applicant to submit complete or clarify the conclusions formulated, within 10 days, under penalty of the appeal being rejected or not being known in the affected party. 4-the previous paragraph improvement allows you to modify the scope of the resource that has been fixed in motivation. 5-in the case referred to in paragraph 3, the subject affected by interposition of procedural



320 appeal are notified of amendment or clarification by the applicant, and can reply to you within 10 days. 6-After preliminary examination, the rapporteur gives summary judgment where: Any circumstance prevent knowledge) of the resource; b) recourse should be rejected; c) Exist about the extinctive or procedure of criminal responsibility that put an end to the process that is the only reason of the appeal; or (d)) the issue to be decided has already been judicially assessed uniformly and reiterated. 7-When the resource cannot be tried by summary decision, decide on the preliminary examination: a) should remain the effect that was assigned to the appeal; b) If there is evidence to renew and people who should be invited. 8-complaint to the Conference of orders delivered by the rapporteur in accordance with paragraphs 6 and 7. 9-When the feature should be judged in Conference, the Rapporteur draws up a draft judgment within 15 days of the date on which the process is completion in accordance with paragraphs 1, 2 or 5. 10-the complaint referred to in paragraph 8 is assessed in conjunction with the resource, when this should be judged in Conference.

Article 418.º 1 Visa – completed the preliminary examination, the dossier, together with the draft judgment if applicable, go to the President and Deputy judge and after the Conference, in the first session that takes place. 2-where the nature of the process and the availability of technical means allow, are taken to copies that the visas are carried out simultaneously.

Article 419.º 1 Conference-the Conference involved the President of the Chamber, the rapporteur and a deputy judge.


321 2-the discussion is directed by the President, which, however, only votes to break the tie, when cannot form majority with the votes of the rapporteur and of the Deputy judge. 3-the feature is judged in Conference when: a) the claim has been submitted summary decision referred to in paragraph 6 of article 417.º; b) the contested decision does not meet, the final, subject matter of the procedure, in accordance with subparagraph (a)) of paragraph 1 of article 97; or c) has not been required to conduct the hearing and is not necessary for the renewal of proof under article 430.º Article 420 1 rejection of the appeal-the appeal is rejected where:) Is is your rejection; b) that cause that should have determined your entry in accordance with paragraph 2 of Article 414; or c) the applicant does not produce complete or clarify the conclusions formulated and this addiction affect the entire resource, in accordance with paragraph 3 of article 2-417.º In case of rejection of the appeal, the decision is limited to identify the defendant, the court process and their subject and to specify briefly the grounds of the decision. 3-If the appeal is rejected, the court sentences the applicant, if not the public prosecutor's Office, the payment of an amount between UC and UC 10 3.

Article 421.º 1 process continued the process any further, is open to the conclusion section, which means the audience for one of the 20 days following, determines people to convene and send complete visa, if applicable. 2-are always summoned to the hearing the Prosecutor, the Defender, Assistant representatives and the civil parties. 3-with the exception of the case prosecutors, notifications are made by post.


322 4-is correspondingly applicable the provisions of article 418.º, paragraph 2.

Article 422.º postponement of hearing 1-non-attendance of people convened only determines the postponement of the hearing when the Court considers it indispensable to the attainment of Justice. 2-If the Defender fails to appear and there is no room for delay, the court appoints new Defender. Is correspondingly applicable the provisions of article 67, paragraph 2. 3-is not allowed more than a postponement of the hearing.

Article 423.º 1-After Hearing the President declared open the audience, the rapporteur introduces the debates with a summary on the subject of the appeal, in which it sets out the issues that the Court believes deserve special examination. 2-to the Rapporteur follows the renewal of proof, when there is any. 3-Then, the President gives the word, to allegations, representatives of the applicant and the defendants, each for a period of not more than 30 minutes, which may be extended in case of particular complexity. 4-there is no way to reply, without prejudice to the granting of the word to the Defender, before the closure of the hearing, for 15 more minutes, if he has not been the last to intervene. 5-subsidiarily applicable provisions concerning trial hearing in first instance.

Article 424.º Decision 1-Closed the hearing, the Court meets to deliberate. 2-Are correspondingly applicable provisions on deliberation and vote on trial, taking into account the nature of the issues that are the subject of the resource.


323 3-whenever there is a change in the non-substantial facts described in the contested decision or its legal classification does not known the defendant, this is notified to, say, within 10 days.

Article 425.º 1-completed the Judgment deliberation and voting, is drawn up by the rapporteur or judgment, if this has been won, by Deputy judge. 2-explanations of vote shall be admissible. 3-if it is not possible to cultivate the judgment, the President publicly fixed the date, within the 15 days following, to the publication of the decision, after their registration in Scrapbook signed by judges. 4-is correspondingly applicable to judgments on appeal pursuant to articles 379.º and 380.º, being the judgment still NULL when it is drawn against the won, or without the necessary maturity. 5-the judgments referred to in article absolutórios, paragraph 1 400th (d)), confirming the decision of first instance without any explanation can simply dismiss the appeal, referring to the grounds of the contested decision. 6-the judgment is notified to the applicants, the defendants and the public prosecutor. 7-the time limit for appeal is counted as of the notification of the judgment.

Article 426.º Referral process for new trial-1 where, for there are addictions referred to in points (a) of paragraph 2 of article 410.º, it is not possible to decide the question, the Court of Appeal determines the referral process for new trial in respect of all subject matter of the procedure or the issues specifically identified in the order for reference. 2-renvoi decreed by the Supreme Court of Justice, in the context of action brought, in second instance, judgment of the relationship is done to this Court, which admits the renewal of proof or resends the process for new trial in first instance. 3-In case of related proceedings, the superior court he maketh the connection and 324 orders the separation of one or more of them for the purposes of new trial when referred to in the preceding paragraph addiction relapse only about them.

Article 426.º-the competence for the new trial 1-when it is decreed the return process, the new trial the Court that made the previous trial, without prejudice to the provisions of article 40, or, if not possible, the Court which is closest to, and category composition identical to those of the Court which delivered the contested decision. 2-When in the same region there are more than two of the same category and composition courts, the duty of the trial court that result from the distribution.

CHAPTER III of the appeal before the relations Article 427.º resource for the relationship with the exception of cases in which there is direct appeal to the Supreme Court of Justice, the appeal of the decision by District Court brings to the relationship.

Article 428.º powers of cognition know relations of fact and law.

Article 429.º composition of the Court in hearing 1-at the hearing involved the President of the Chamber, the rapporteur and a deputy judge. 2-whenever possible, keep to the audience judges that have intervened in the Conference.


325 Article 1 proof 430.º Renewal-When should meet de facto and de jure, admits the renewal of evidence if the defects referred to in points (a) of paragraph 2 of article 410.º and there is reason to believe that will avoid the resubmission process. 2-the decision to admit or refuse the renewal of the evidence is definitive and fixed the terms and the extent to which the evidence produced at first instance may be renewed. 3-the renewal of the race takes place in ratings. 4-the accused is always summoned to the hearing, but, if you have been regularly summoned, your not missing the adjournment, unless the Court otherwise. 5-is correspondingly applicable the provisions as to the discussion and judgement in first instance.

431.º teacher education article of the contested decision Without prejudice to article 410.º, the decision of the Court of first instance on matters of fact can be modified: the) If the process provided all the evidence that you used; b) if proof has been challenged pursuant to paragraph 3 of article 412.º; or c) if there has been renewal.

CHAPTER IV of the appeal before the Supreme Court of Justice Article 432.º appeal to the Supreme Court of Justice


1-Appeals to the Supreme Court of Justice: the) decisions of relations made in first instance; b) decisions that are not made in relations indisputable appeal, pursuant to article 326 400th; c) Of final judgments delivered by the Court of the jury or by the Court to apply collective imprisonment exceeding five years, targeting only the matter of law review; d) making interlocutórias to come up with the resources referred to in paragraph 1(a) above. 2-in the case of subparagraph (c)) of the preceding paragraph is not permissible prior to feature the relationship, without prejudice to the provisions of paragraph 8 of Article 414 Article 433.º other cases of appeal is to the Supreme Court in other cases that the law specifically so provides.

Article 434.º powers of cognition Without prejudice to article 410.º, paragraphs 2 and 3, the appeal to the Supreme Court of justice aims at the law review.

Article 435.º Audience at the hearing the Court shall consist of the President of the section, by the rapporteur and by a deputy judge.

Article 436.º change in the composition of the Court is not possible the participation at the hearing of the judges who have spoken at the Conference, other judges are called to become the new rapporteur or completing the visas.


TITLE II 327 extraordinary resources Chapter I of jurisprudence Article 1-feature bedding 437.º When, in the field of law, the Supreme Court of Justice judgments made by the judge who, on the same point of law, based on opposing solutions, appeal to the full criminal sections, the judgment delivered in last place. 2-it is also permissible to appeal, in accordance with the preceding paragraph, when a court ruling that is utter relationship as opposed to another, or from a different relationship, or of the Supreme Court of Justice, and it is not permissible to appeal unless the guidance endorsed that judgment in accord with the jurisprudence previously fixed by the Supreme Court of Justice. 3-the judgments shall be deemed to be delivered in the area of law when, during the interval of your delivery, no legislative modification has occurred that interfere, directly or indirectly, in resolving the question of law at issue. 4-in support of the resource can only invoke himself previous judgment acquired the authority of a final decision. 5-the appeal provided for in paragraphs 1 and 2 may be brought by the defendant, by the wizard or by civil parties is mandatory for the Public Ministry.

Article 438 Interposition and 1 effect-the resource for case law is brought within 30 days of the final transit of the judgment delivered in last place. 2-at the request of appeals the applicant identifies the judgment with which the judgment under appeal is in opposition and, if published, the place of publication and justifies the opposition that stems from the conflict of jurisprudence.


328 3-the resource for case law does not have suspensory effect.

Article 439.º 1-Secretariat Acts Brought the appeal, the Secretariat provides the procedural process to interested to reply within 10 days and passes the judgment under appeal certificate certifying narratively the date of submission of the application for filing and notification or filing of the judgment. 2-the application for filing the appeal and the reply are cases filed with the certificate, and the process thus formed is the distribution or, if an appeal has been brought to judgment, submitted to the Supreme Court of Justice. 3-in the case where the appeal was lodged is the certificate application for filing and the order that he admitted the appeal.

Article 440.º Vista and 1-preliminary examination Received at the Supreme Court of Justice, the process for the Prosecutor, for 10 days, and is then conclusion the rapporteur, for 10 days, for preliminary examination. 2-the rapporteur may determine that the applicant join the judgment certificate with which the defendant is in opposition. 3-on the preliminary examination the rapporteur checks the admissibility and the conditions of the resource and the existence of opposition between the judges. 4-carried out the examination, the process is referred, with draft judgment, the visas to the President and deputy judges, for 10 days, and after the Conference, in the first session that takes place. 5-is correspondingly applicable the provisions of article 418.º, paragraph 2.

Article 441.º 1 Conference-if there is reason for inadmissibility or the Court to conclude non-opposition of 329 judged, the appeal is rejected; be concluded by the opposition, the appeal proceeds. 2-If, however, the opposition of judged has already been recognized, the terms of the resource are suspended until the trial of the resource in that first if you are finished by the opposition. 3-is correspondingly applicable the provisions of Article 419.º, paragraphs 1 and 2.

Article 442.º 1-trial preparation if the appeal proceeding, the procedural subjects interested are notified to submit, in writing, within 15 days, their claims. 2-the allegations concerned formulate conclusions that indicate the direction in which it must settle the case law. 3-Together the claims, or the date of expiry for your presentation, the process is conclusion the rapporteur, for 30 days, and then sent, with draft judgment, the remaining judges, simultaneous visa for 10 days. 4-sold out the deadline for the visas, the President of the Supreme Court of Justice send subscribe to the process table.

Article 443.º 1 Trial-the trial is done, in Conference, by the middle of the criminal sections. 2-the Conference is chaired by the President of the Supreme Court of Justice, who heads the works and playoff when cannot form majority. 3-is correspondingly applicable the provisions of article 409.º, even if the appeal was brought by the Prosecutor or by the wizard, unless any of these have resorted, in disfavor of the accused, the proceedings in which it was delivered the judgment under appeal.

Article 444.º publication of the judgment 1-the judgment is immediately published in the 1st series of the Diário da República and sent, 330 per certificate, the courts in relation to record in a proper book. 2-the President of the Supreme Court of Justice to the Ministry of Justice sends copy of judgment accompanied by the allegations of the prosecution service.

Article 445.º decision effectiveness 1-Without prejudice to article 443.º, paragraph 3, the decision to settle the conflict have efficacy in the process in which the resource was brought and in cases whose proceedings have been suspended in accordance with article 441.º, paragraph 2. 2-the Supreme Court of Justice, as appropriate, to review the contested decision or resends the process. 3-the decision to solve the conflict does not constitute binding case law for the judicial courts, but these must substantiate the differences concerning the case-law laid down in that decision.

Article 446.º decision against resource case law set by the Supreme Court of Justice 1-is admissible appeal straight to the Supreme Court of Justice of any judgment given against jurisprudence for him fixed, the appeal within 30 days of the final transit of the contested decision, and accordingly the provisions of this chapter. 2-the action may be brought by the defendant, by the wizard or by civil parties is mandatory for the Public Ministry. 3-the Supreme Court can limit itself to apply the case law attached, and should only proceed to the review your understanding that is outdated.

Article 447.º Resources in the interests of unity of law 1-the Attorney General may determine that appeal to be fixing the jurisprudence of final decision for more than 30 days.


331 2-whenever it has reason to believe that a fixed case-law is outdated, the Prosecutor-General can appeal the judgment that it has entered into this case-law in the direction of your review. The allegations the Attorney General's Office indicates the reasons and the sense that the jurisprudence previously fixed must be modified. 3-in the cases provided for in the preceding paragraphs the decision resolving the conflict has no effective process in which the appeal has been brought.

Article 448 Provisions subsidiaries to resources provided for in this chapter shall apply on a supplementary basis the provisions governing the ordinary resources.

CHAPTER II of the review Article – 449 fundamentals and admissibility of the review


1-the revision of final judgment is permissible when: a) another final judgment has considered false evidence having been instrumental in the decision; b) another final judgment has given as proven crime committed by a judge or jury in connection with the exercise of your function in the process; (c)) The facts which serve as grounds for conviction are irreconcilable with the data as proven in another sentence and the opposition serious doubts about justice are the result of the conviction; d) If they find out new facts or evidence that, in and of itself, or combined with the were appreciated in the process, give rise to serious doubts about the fairness of the conviction; and if you find out which) plea to the conviction evidence prohibited pursuant to paragraphs 1 to 3 of article 126;


332 f) Is declared by the Constitutional Court, the unconstitutionality with General binding force of standard content less favourable to the defendant who has served Foundation to condemnation; g) A binding sentence of the Portuguese State, given by an international instance, is irreconcilable with the conviction or raise grave doubts about your justice. 2-For the purposes of the preceding paragraph, the sentence is equated order you have put an end to the process. 3-based on subparagraph (d)) of paragraph 1, it is not acceptable for review with the sole purpose of correcting the concrete measure of the penalty imposed. 4-the review is admissible even if the procedure is extinguished or the penalty prescribed or accomplished.

Article 450.º 1-Legitimacy Have legitimacy to request the review: a) the Prosecutor; b) the wizard for absolutórias sentences or dispatches not pronunciation; c) the convict or your Defender, for sentencing. 2-Have yet to claim legitimacy to review and to continue, when the convict has deceased, the spouse, descendants, ascendants, adopted, adopters, relatives or the like to the 4th degree of the collateral line, the heirs to show a legitimate interest or who the convicted have received Commission expressed.

Article 451.º 1 request formulation-the application asking for the review is presented in court where he uttered the sentence should be revised. 2-the application is always motivated and contains an indication of the evidence. 3-Are together to request the certificate of decision that asks the review and your 333 traffic, as well as the documents necessary for the application.

Article 452.º Processing the review is processed by attached to record where he delivered the judgment to review.

Article 453.º production of evidence 1-If the revision is article – 449, paragraph 1, point (d)), the judge shall make the arrangements it deems essential for the discovery of truth, sending document, by reduction to writing or by any means of reproduction, the statements made. 2-the applicant cannot indicate witnesses who have not been heard in the process, unless that was ignoring your existence justified at the time of decision or were unable to testify.

Article 454.º Information and referral of the case within eight days after the deadline for reply has expired or has been completed the steps, when they proceed, the judge refers the case back to the Supreme Court of Justice accompanied by information on the merits of the request.

Article 455.º Processing in the Supreme Court of Justice 1-Received in the Supreme Court of Justice, the process for the Prosecutor, for 10 days, and is then conclusion the rapporteur for a period of 15 days. 2-With draft judgment, the process goes, then the seen of the judges of the criminal sections, for 10 days. 3-the decision to authorize or deny the review is taken in by the criminal sections Conference.


334 4-If the Court deem necessary at any stage, the, indicating the judge that she must preside. 5-Held the stage, the Court shall act without need for new visas. 6-is correspondingly applicable the provisions of articles 418.º, paragraph 2, and Article 435.º 456.º denial of review If the Supreme Court deny the review requested by the wizard, by convicted or by any of the persons referred to in article 450.º, paragraph 2, condemns the applicant in expense and, if satisfied that the request was manifestly unfounded, on payment of an amount between 6 to 30 UC UC.

Article 457.º 1 review-authorization if it is authorized to review, the Supreme Court refers the case back to the Court of category and composition identical to those of the Court which delivered the judgment to review and to meet. 2-If the convict is serving time in prison or detention order for internment, the Supreme Court decides, in the light of the seriousness of the questions about the conviction, if the execution shall be suspended. 3-If ordering a stay of execution or if the convicted has not yet started the fulfillment of the sanction, the Supreme Court decides whether to convict must be applied coercive measure legally permissible in the case.

458.º cancellation of irreconcilable judgments article 1-if the review is authorized pursuant to article – 449, paragraph 1, point (c)), for having criminal judgments irreconcilable that have convicted defendants many of the same facts, the Supreme Court Annuls the judgments and determines that the trial set of all defendants, indicating the Court which, according to the law , is competent.


335 2-for the purposes of the preceding paragraph, the processes are attached, followed by the terms of the review. 3-the annulment of sentences he maketh the execution of sanctions applied in them, but the Supreme Court decides whether the condemned coercive measures should be applied legally admissible in the case.

Article 459.º evidence and urgent acts 1-Downloaded the process, the judge says to give sight to the public prosecutor to indicate evidence and, for the same purpose, the notification of the defendant and the wizard. 2-Then, the urgent actions required practice judge under article 320, and orders the execution of the required steps and the other which it deems necessary for the clarification of the case.

Article 460.º new trial 1-Performed the acts referred to in the previous article, is designated day for trial, observing in all the terms of the respective process. 2-If the review has been authorised pursuant to article – 449, paragraph 1 (a)) or (b)), cannot intervene in the trial people convicted or indicted by prosecutors for facts that have been instrumental in the decision to review.

Article 461.º of acquittal Sentence in judgment of the decision 1 Review magazine has been voided and the review court acquit the defendant, that decision is overturned, locked its registration and the defendant restored to the previous legal situation to the conviction. 2-the sentence that absolve the defendant in the Court of review is posted by certificate outside the Court of the judicial district of your residence and outside the Court which has handed down the conviction and published in three consecutive numbers of the newspaper headquarters of the Court or of the nearest town, that there are no newspapers.


Article 336 462.º 1-Compensation in the case referred to in the previous article, the sentence gives the defendant compensation for damages suffered and send refund you any amounts relating to costs and fines that have supported. 2-compensation is paid by the State, getting this subrogation in the accused's right against those responsible for facts that have determined the decision magazine. 3-at the request of the applicant, or when it does not have sufficient elements to fix the damages the court settlement for relegates sentence.

Article 463.º enforceable judgment in mind 1 review the review tribunal concluded by condemning the defendant, apply the sanction it deems fit to the case, and you have already fulfilled. 2-is correspondingly applicable article 3 the decision 409.º magazine has been of acquittal, but the judgment is condemnatory sentence review: a) the defendant that any received compensation is ordered to return it; and (b)) to the wizard are refunded the costs you have paid.

Article 464.º review of dispatch in cases where it is allowed to review order which has put an end to the process, in accordance with article – 449, paragraph 2, the Supreme Court of Justice, if grant review, declares void the order and orders the process proceed.

Article 465.º Legitimacy for new application for review having been denied the revision or maintained the decision reviewed, there can be no new 337 review with the same plea.

Article 466.º of the judicial Priority When the convict who was asked to review whether find arrested or hospitalized, judicial acts that should practice like any other service.

Book X of the plays title I General provisions Article 1 467.º enforceable Decisions-criminal sentencing decisions which have become res judicata have executive force in Portuguese territory or under Portuguese administration and also in foreign territory, in accordance with the treaties, conventions and rules of international law. 2-absolutórias criminal decisions are enforceable as soon as delivered, without prejudice to article 214, paragraph 3.


Article 468.º Decisions unenforceable is not feasible: the criminal decision) does not determine the penalty or security measure applied or apply non-existent sentence or on Portuguese law; (b)) is not reduced to writing; or c) in the case of foreign penal sentence, has not been reviewed and confirmed in cases where it is legally required.


338 Article 469.º implementing promotion rests with the Prosecutor's Office to promote the enforcement of sentences and security measures, as well as, the execution by the expense, compensation and more amounts owed to the State or the people that you represent is assigned.

Article 470.º competent court for execution 1-running runs in their own selves to the President of the Court of first instance that the process has been running. 2-If the subject has been judged in first instance by or by the Supreme Court of Justice, or if the decision has been reviewed and confirmed the execution runs on the domicile of the doomed, unless this is judicial magistrate or public prosecutor there in exercise, in which case the execution runs in court.

471.º incidental Knowledge Article 1-contest For the effect of the provisions of article 78, paragraphs 1 and 2, of the Criminal Code shall, as appropriate, the collective court or the Court. Is correspondingly applicable article 14, paragraph 2, point (b)). 2-Notwithstanding the previous paragraph, is territorially competent court the last conviction.

Article 472.º-1 for Processing effect to article 78, paragraph 2, of the Penal Code, the Court shall appoint a day for the hearing, of its own motion or at the request by ordering, the steps that are necessary to the decision. 2-is the presence of the proponent and the Public Ministry, who are 339 granted fifteen minutes for closing arguments. The Court determines the cases in which the accused must be present.

Article 1-473.º stay of execution as soon as it is handed down order of pronunciation or designating the day to judgment of a magistrate, juror, witness, expert or bailiff for facts that might have determined the condemnation of the accused, the Prosecutor-General may request the Supreme Court to suspend the sentence until it was decided the process joining the supporting documents. 2-the Supreme Court decides, in the middle of the criminal sections, if the execution of the sentence should be suspended and, if so, whether it should be applied measure of coercion or legally permissible asset assurance in the case. 3-is correspondingly applicable to the trial article 455.º Article 474.º Competence for matters incidental 1-it is up to the competent court for the execution to decide matters relating to the enforcement of sentences and security measures and the extinction of responsibility, as well as the extension, instalments or replacement work of fine and penalty to prison subsidiary. 2-the application of Amnesty and other clemency measures provided for in the law it is for the Court referred to in the preceding paragraph or to the Court of appeal or execution of penalties where the process.

Article 475.º Extinction of executing the Court with jurisdiction for implementing the penalty or declares security measure, notifying the beneficiary with copy and delivery where appropriate mailing copies to the prison service, probation service and other institutions that determine.


340 Article 476.º default judgment To convict who intentionally if there may not, in whole or in part, the execution of a prison sentence or of a measure of internment is correspondingly applicable the provisions of articles 335.º, 336 and 337.º, with the following modifications: a) The notices and announcements contain, in place of the indication of the crime and the legal provisions that punish , the condemnatory sentence and the sentence or run; (b)) the order for default judgment and Declaration of attachment must exist are within the jurisdiction of the Court referred to in article 470.º or the Court of execution of Sentences.

Implementation of title II, CHAPTER I of imprisonment prison sentence to communication 477.º Article number 1-the prosecutor sends the Court of execution of Sentences and the prison services and social reintegration, within five days after the traffic, copy of the sentence apply penalty involving deprivation of liberty. 2-in cases of admissibility of parole the prosecution indicates the dates calculated for the effects provided for in articles 61, 62 and 90, paragraph 1, of the Penal Code, and communicate in the future any changes that occur in the execution of the prison. 3-in the case of relatively indeterminate sentence, the prosecution indicates the calculated date to the effect provided for in article 90, paragraph 3, of the Penal Code. 4-in the event of an appeal of the decision to apply penalty involving deprivation of liberty and of the defendant if find freedom, private prosecutors send to prison services 341 copy of the decision, with the indication that her appeal.

Article 478.º entry into the prison convicts in jail give entry in prision by warrant from the competent judge.

Article 479.º count of the jail time 1-on the count of jail time, years, months and days are computed according to the following criteria: a) the prison set in years ends on the corresponding day in the last year, at the start of the count and, if there is no corresponding day in the last day of the month; b) prison set in months is counted considering each month until the day of the following month or correspondent, having not, on the last day of the month; c) prison set in days is counted considering each day a 24-hour period, without prejudice to article 481.º available as to when the release. 2-when the prison is not met continuously, day found according to the criteria of the previous paragraph in addition the time corresponding to the interruptions.

Article 480.º 1 release warrant the inmates are released by warrant from the judge, the term of imprisonment or probation period begins. 2-In case of emergency release may be ordered by any means of communication, duly authenticated, referring later to the respective warrant. 3-when you consider that the release of the prisoner can create danger for the victim, the 342 Court informs you of the date on which the release will take place.

Article 481.º time of 1-release the release takes place during the morning of the last day of the completion of the sentence. 2-If the last day of the fulfilment of the penalty is Saturday, Sunday or holiday, the release may take place in the immediately preceding working day if the duration of the sentence and to justify not contrary to reason. 3-When the reasons referred to in the preceding paragraph shall permit and the national holiday is on December 25, the release may take place during the morning of the day 23. 4-the moment of liberation can be anticipated for two days, when pressing reasons of probation warrant. 5-the preceding paragraphs shall not apply to the prison in semidetenção regime or prison subsidiary of fine, when you don't have lasting 15 days. 6-it is the director of the correctional facility to choose the moment of liberation, within the limits laid down in the preceding paragraphs.

Article 482.º 1 Communications-the directors of prisons shall inform the public prosecutor at the court competent for execution of the sentence of death, your escape, any suspension or interruption or cause of your modification, replacement or partial or total extinction, as well as the release, being communications together to the process. 2-the public prosecutor informs the escape of arrested the Court, if it considers that it can result in danger to the offended, informs of occurrence.

Article 483 psychic Anomaly 1 later during the execution of the sentence, the agent a psychic anomaly, with the effects provided for in articles 343 105, paragraph 1, and 106, paragraph 1, of the Penal Code, the Court of execution of orders: a) Psychiatric Expertise or about the personality of the convicted and the report will be presented within 30 days; b) reintegration services Report containing analysis of the family and professional framework of the condemned; c) ex officio or at the request of the Prosecutor, the sentenced or defender, steps that are of interest to the decision. 2-the decision is preceded by hearing the public prosecutor, the defender and the sentenced and the presence of this be waived if your state of health make hearing useless or infeasible.

CHAPTER II of 484.º Article probation parole process


1-up to two months before the date of conditional release permissible convicted or for the grant period of adaptation to probation under staying in housing, with supervision by technical means of remote control, the prison services refer to the Court of execution of sentences: the prison technical services) report on the implementation of the sentence and the prison inmate behavior; b) reasoned opinion on granting parole, drawn up by the director of the establishment. 2-up to 4 months before the date the conditional liberation of permissible convicted or the granting of probation period in residence Scheme in housing, with supervision by technical means of remote control, the Court of execution of requests the services of social reintegration: the individual rehabilitation Plan); b) social Report containing an analysis of the effects of the sentence; or 344 c) social Report containing other elements of interest to the decision on parole or the granting of probation period. 3-the application for development of individual plan of upgrading is required for: a) the decision on the procedure for the granting of probation period; b) the decision on the grant of parole with proof; c) cases of particular complexity. 4-ex officio or at the request of the Prosecutor or the convicted, the Court calls on any other reports, documents or representations that are of interest to the decision on parole.

Article 1 Decision-485.º Until 10 days before the date the conditional release permissible, the prosecutor sends, in autos, opinion on the lease. 2-before uttering dispatch about the granting of parole, the Court of execution of sentences the condemned in particular listen to obtain your consent. 3-the order to grant parole or accept the adaptation to probation, in addition to describing the basics of your grant, specifies its period of duration and the rules of conduct or other obligations shall be subject the beneficiary, it notified and receiving copy before his release. 4-the order denying parole or deny the adaptation to probation is served on the prisoner. 5-the order about the probation or parole adaptation is posted copy, for more expeditious means of communication, for the prison service, probation service and other institutions that the court determine. 6-the order to deny parole is likely to appeal. 7-is correspondingly applicable the provisions of article 495.º, paragraph 1.


Article 345 486.º 1 instance Renewal-When the parole is revoked and jail there is still continuing for more than a year, are shipped new reports and opinion, under article 484.º, until two months before expiry of the period of the lease. 2-the order to revoke the probation or parole adaptation is notified to the inmate. 3-the order to revoke the probation or parole is posted the copy to the director of the establishment and social reintegration services. 4-the order to revoke the parole is likely to appeal.

CHAPTER III implementation of the prison for free days and in semidetenção scheme or to remain in housing Article 487.º content of the decision and early compliance 1-the decision to establish compliance with the prison for free days, in semidetenção scheme or to remain in housing, with supervision by technical means of remote control, specifies the elements necessary for your implementation , indicating the date of the beginning of this. 2-the court sends immediately to prison services and social reintegration copy the sentence referred to in the preceding paragraph and shall: a) The prison services inform the Court in 10 days, the establishment in which the penalty must be accomplished, indicating him to facilitate the relocation of the condemned; b) social reintegration services inform the Court, in 48 hours, the immediate installation of the technical means of remote control. 3-the delivery to the Court sentenced copy of judgment and presentation guide in prision where the penalty must be fulfilled. 4-the beginning of the prison for free days or under semidetenção can be postponed, with the permission of the Court, 346 by the time seem reasonable, but never over the three months, for health reasons of the condemned or your professional or family life.

Article 488.º running, faults and term of completion 1-inputs and outputs in prision are noted in individual process of the condemned. 2-are not passed driving warrants or release. 3-The lack of entry into the correctional facility in accordance with the sentence are communicated to the Court. If the Court, after hearing the convicted and proceeding with necessary steps, not consider the lack justified, prison being accomplished in continuous regime by the time skip, the arrest warrants. 4-The late presentations, with no delay to 3 hours, can be considered justified by the director of the prison, after hearing the convicted. 5-the implementation of adaptation to probation under staying in housing, with supervision by technical means of remote control, is carried out in accordance with the law.

TITLE III implementation of non-custodial penalties chapter I of the execution of the sentence of a fine Article 489.º payment deadline 1-the fine is paid after the transit in trial of decision that imposed and by this quantitative limit, and may not be increased by any additional. 2-the payment deadline is 15 days from the date of notification to the effect.


347 3-the provisions of the preceding paragraph shall not apply in the case of payment of the fine have been deferred or allowed by the system of benefits.

Article 490.º replacing the fine for working days 1-an application for replacement of the fine for days of work is presented within the time limit laid down in paragraphs 2 and 3 of the previous article, and sentenced the professional qualifications and the literary work and family situation and the time available, as well as, if possible, mention any institution wishing to provide work. 2-the Court may request additional information to probation services, including the location and hours of work and remuneration. 3-the replacement decision indicates the number of working hours and is communicated to the convicted, probation services and the entity to which the work should be provided. 4-in case of replacement of the fine for working days, the payment deadline is 15 days from the date of notification of the decision.

Article 491.º failure to pay the fine within 1-payment of the fine or any of their performances without the payment is made, the execution. 2-Taking the condemned goods sufficient and clear that the Court is aware or that he indicates in the payment deadline, the Ministry promotes Public soon the execution, which follows the terms of the execution by the expense. 3-the decision on the suspension of the execution of prison subsidiary is preceded by the opinion of the Prosecutor, when this was not the applicant.

CHAPTER II execution of suspended sentence Article 348 492.º Modification of duties, rules of conduct and other tax obligations 1-modification of duties, rules of conduct and other obligations imposed on the convicted sentence that have decreed the suspension of execution of imprisonment is decided by Decree, after collected evidence of relevant circumstances arising or that the Court only later have been aware. 2-the order is preceded by the opinion of the Prosecutor and the sentenced hearing, and even social reintegration services in the case of the suspension have been accompanied by proof scheme.

Article 493.º periodic Presentation and subjection to medical treatment or the cure 1-Being given periodic presentation to the Court, the presentations are noted in the process. 2-if it's determined presentation in front of another entity, the Court makes this the necessary communication, and the entity concerned to inform the Court about the regularity of the presentations and, where appropriate, of non-compliance on the part of the condemned, with indication of the reasons which are of your knowledge. 3-the subjection of the condemned to medical treatment or the cure in appropriate institution during the period of suspension is performed by warrant issued for that purpose by the Court. 4-those responsible for the institution shall inform the Court of the progress and termination of treatment or cure, and may suggest measures as they deem appropriate to the success.

Article 494.º individual social readaptation


1-the decision to suspend the execution of the prison system of proof must contain the individual plan of social readaptation to the Court asks the probation services. 2-the decision, once final, is communicated to 349 social reintegration services. 3-When the decision does not contain the plan of rehabilitation or this should be completed, the probation service shall your development or redevelopment, heard the doomed, within 30 days, and submit to the approval of the Court.

Article 495.º lack of compliance with the conditions of suspension 1-Any authorities and services to which request support for the condemned in fulfilling the duties, rules of conduct or other tax obligations shall communicate to the Court the lack of compliance by that, of those duties, rules of conduct or obligations, for the purposes of article 51, paragraph 3, 52, n° 3, 55 and 56 of the Criminal Code. 2-the Court by order, once collected the evidence, obtained opinion of Attorney General's Office and heard the condemned in the presence of the technician who supports and supervises the compliance with the conditions of suspension. 3-A conviction for any crime committed during the period of suspension is immediately communicated to the Court responsible for the execution, and posted a copy of the judgment. 4-for the purposes of paragraph 1, the decision to enact the imposition of duties, rules of conduct or other obligations shall be notified to the authorities and services mentioned therein.

CHAPTER III implementation of the provision of community work and Article 496.º provision of admonition community work 1-If the Court decides to apply the provision of work in favour of the community asks the probation services to draw up a plan of execution. 2-social reintegration services prepare the execution plan within 30 days. 3-which has become final, the condemnation is communicated to social reintegration services and the entity to whom the work is to be provided, must carry out the placement of the 350 condemned at the workplace within three months.

Article 497.º 1 Admonition-the warning is given after the decision has become final transit to apply. 2-the admonition is given immediately if the public prosecutor, the accused and his assistant declared in the minutes that they resign to appeal. 3-the Court performs the admonition so that it is not to be confused with the address referred to in article 375.º, paragraph 2.

Article 498.º provisional Suspension, revocation, revocation, replacement and modification of implementation 1-the Court may request information to probation services for the effect of the provisions of article 59, paragraph 1, of the Penal Code. 2-after the provision of work, or in your course if serious anomalies, social reintegration services send to court the respective report. 3-the provisional suspension, revocation, revocation and replacement is correspondingly applicable the provisions of article 495.º, paragraphs 2 and 3. 4-whenever circumstances or anomalies that can justify changes to the specific mode of work, social reintegration services communicate these facts to the Court, providing, of course, whenever possible, the indicators necessary for the modification of the provision of work. 5-in the case referred to in the preceding paragraph, the Court may waive the collection of evidence and the hearing of the convict who has expressed joining the modification indicated by probation services, deciding immediately by order, after hearing the public prosecutor.

CHAPTER IV the implementation of ancillary penalties 351 Article 499.º decision and procedures 1-the decision to enact the ban or suspension of exercise of public function is communicated to the head of Department or body to which the condemned. 2-the decision to enact the ban or suspension of exercise of profession or activity which depends on title or public authorization or approval of a public authority is informed, as appropriate, to the professional body in which the condemned is registered or to the competent authority for the authorization or approval. 3-the Court may decree the seizure, by the time the ban, the documents containing the profession or activity. 4-failure is communicated to the Electoral Commission of voter registration in that damned if find subscribed or duty register. 5-the inability to exercise parental authority, guardianship, custodianship, the administration of goods or for jury duty is reported to the civil registry office where is denominated the birth registration of the condemned. 6-in addition to the preceding paragraphs, the court orders the necessary measures for the implementation of ancillary penalty.

Article 1-driving Ban 500th decision to enact a ban on driving motor vehicles is communicated to the direction-DMV. 2-within 10 days following final transit of the sentence, the convicted at the court registry, delivery or in any police station, that refers to that, the driving licence, if it is not already seized in the process. 3-If the convicted on prohibition of driving motor vehicles not to proceed in accordance with the provisions of the preceding paragraph, the court orders the seizure of driver's license. 4-the driving license is retained in the registry of the Court for a period of time for the ban. After that period the licence is returned to the holder. 5-the provisions of paragraphs 2 and 3 shall apply to the driving license issued in 352 foreign country. 6-in the case referred to in the preceding paragraph, the registry of the Court send the licence to the General Directorate of Traffic, in order to be noted the ban. If it is not feasible to seizure, the Secretariat, through the General Directorate of Traffic, communicate the decision to the competent body in the country which issued the license.

TITLE IV of the implementation of security measures chapter I implementation of custodial safety measures Article 501.º decisions about admission 1-the decision to enact the internment specifies the type of institution in which it must be fulfilled and shall, where appropriate, the minimum and maximum duration of hospital stay. 2-the beginning and the end of internment shall be carried out by court order.

Article 502 communication from the sentence to several entities 1-the prosecutor sends the Court of execution of sentences, prison services and social reintegration and the institution where the relocation is carried out within five days after the traffic, copy of judgment to apply security measure involving deprivation of liberty. 2-the Public Ministry indicates the date expressly calculated for the effect provided for in article 93, paragraphs 2 and 3, of the Penal Code and shall inform any future changes that occur in the execution of the security measure. 3-in the event of an appeal of the decision to apply security measure of internment and of the defendant if find freedom, private prosecutors send to prison service copy of the decision, with the indication that her appeal.


353 Article 503.º 1-personal file at the institution where the relocation is carried out is organized a single process, in which there are or the communications received from the Court and this provided, as well as periodic evaluation reports of the effects of treatment on the hazardous nature of the hospitalized. 2-Annually and whenever conditions warrant, or the Court of execution of the request, the director of the institution refers to the organized process that Court the periodic evaluation report.

Article 504.º Review, extension and review of the hospital stay 1-up to two months before the date calculated for the mandatory review of the situation of the patient, the Court of execution of orders: a) Psychiatric Expertise or the personality to carry out, whenever possible, on the establishment of the admitted and the report will be presented within 30 days; b) on their own initiative or at the request of the Prosecutor, the admitted or defender, steps that are of interest to the decision. 2-to the same date the social reintegration services send report containing analysis of the family and professional framework of institutionalized. 3-the mandatory review of the situation in the hospital takes place with the Prosecutor and the Defender admitted, just the presence of this be waived if your state of health make hearing useless or infeasible. 4-the Court can apply correspondingly to the provisions of paragraphs 1 and 3 when the revision is required, as well as social reintegration services request the report referred to in paragraph 2. 5-the decision on the extension of admission referred to in article 92, paragraph 3, of the Penal Code is correspondingly applicable to the provisions of paragraphs 1, 2 and 3. 6-the review provided for in article 96. the Penal Code is correspondingly applicable to the provisions of paragraphs 1, 2 and 3.


Article 354 505.º abrogation of freedom for the abrogation of the freedom to test is correspondingly applicable the provisions of article 495.º, and must be heard necessarily the Defender.


Article 506.º provisions is correspondingly applicable as the internment provisions of articles 479.º to 482.º CHAPTER II of execution of the sentence and the security measure involving deprivation of liberty, Article 507.º and Execution of the security measure involving deprivation of freedom 1-the application for the replacement of the jail time for provision of community work in accordance with article 99 of the criminal code, are up to 60 days before the date calculated for the mandatory review or in the application of the review, and admitted the professional qualifications and the literary work and family situation, as well as if possible to mention any institution wishing to provide work. 2-is correspondingly applicable the provisions of article 490.º, paragraphs 2 and 3. 3-the decision taken pursuant to paragraph 6 of article 99 of the criminal code is always preceded by the Defender.

CHAPTER III implementation of the measures of non-custodial 355 security Article 508.º Measures non-custodial safety 1-prohibition of activity is correspondingly applicable to Article 499.º, paragraphs 2 and 3. 2-the decision to impose the forfeiture of license and the license grant is reported to DMV, that shall communicate to any other entities legally empowered to issue this license. 3-the decision provided for in the preceding paragraph is correspondingly applicable to the provisions of paragraphs 2 and 3 of article 4-500th is correspondingly applicable to driving licence issued in a foreign country the provisions of paragraphs 2, 3, 5 and 6 of article 5-the 500th extend the period of interdiction and the review of the situation to substantiate the implementation of the measure are decided by the Court before hearing public prosecutor , and defender of the people they subject, unless, as these, your State make hearing useless or infeasible. 6-the application of rules of conduct is correspondingly applicable the provisions of the preceding paragraph and in article 492.º title V of the execution of the sentence in respect of indeterminate Article relatively undetermined penalty Execution 509.º 1-within 30 days after entry into the prison, the prison shall draw up technical services individual plan of execution of the sentence in respect of indeterminate, which includes working schemes , learning, treatment and detoxification deemed suitable. For both are collected the required information from any public or private entities and used, whenever possible, the collaboration of the condemned. 2-the individual plan of execution and its modifications, required by the progress of the offender and other relevant circumstances, is subject to approval of the Court of execution of Sentences and communicated to the offender.


356 3-The parole process and its decision shall apply the provisions of articles 484.º and 485.º 4-show that punishment accomplished concretely fit the crime committed, are shipped new reports and opinions, in accordance with article 484.º: a) a year has elapsed on the grant of parole; b) After two years on the beginning of the continuation of the fulfilment of the penalty when his parole is revoked. If parole is not granted, new reports and opinion are sent until two months before the expiry of each further period of one year. 5-the review of the situation of the sentenced is correspondingly applicable the provisions of article 504.º, paragraphs 1, 2, 3 and 4. 6-the abrogation of the freedom to test is correspondingly applicable article 7 495.º-the order of revocation of probation or revocation of freedom for proof is served on the prisoner and are forwarded copies to the director of the establishment and social reintegration services.

TITLE VI enforcement of goods and destination of fines Article 510.º applicable law In everything that is not specifically provided for in this code, the execution of goods is governed by the code of legal costs and, in the alternative, by the code of Civil procedure.

Article 511.º payment Order With the product of goods payments shall be executed in the following order: 1 The criminal penalties and fines; 2 the rate of Justice; 3 The charges paid to the State, the General courts and Safe Social services of the Ministry of Justice;


357 4 the remaining charges in proportion; 5 compensation.

Article 512.º Fate of fines unless the law otherwise, the importance of the penalties and fines imposed on must have the destination fixed in code of legal costs.

BOOK XI of responsibility for expense 513.º the accused's Responsibility Article by Justice 1-rate is payable by defendant justice rate when convicted in first instance, decay, in whole or in part, in any feature or be beaten in incident that require or you do. 2-the defendant is convicted in a single justice, still rate that answer for various crimes, provided they are judged in one process. 3-the conviction rate of Justice is always individual and the respective amount is fixed within the limits for the process corresponding to the most serious crime for which the defendant is convicted.

Article 514.º liability of the defendant for costs 1-the defendant convicted Justice paid rate also charges that your activity there is given way. 2-If the defendants are several condemned in justice rate and it is not possible to individualize responsibility for each one of them by the charges, this is solidarity when the charges result from a common and joint activity in other cases, unless another criterion is expressed in the decision. 3-If you are simultaneously convicted the defendant justice rate and the wizard, is joint responsibility for 358 charges which cannot be imputed to the simple activity of one or the other.

Article 515.º Liability of the wizard for Justice-1 rate is due justice rate by the wizard in the following cases: a) If the defendant is acquitted or cannot be pronounced for all or for some crimes listed in the indictment that there is less or that if there is conformed; b) decay, in whole or in part, on appeal there is brought, to which any given membership or has made opposition; c) If you get beaten in incident analysis or in which opponent; d) If you do finish the process by forfeit or unjustified abstention to acknowledge; and), for more than a month, the process is stopped by your negligence; f) If rejected accusation that there is deducted. 2-going on various wizards, each pays the corresponding fee. 3-The limits within which the justice rate must be fixed, in the cases of paragraph 1 (a)) and (b)), are those corresponding to the process that would fit the crime more serious understood in the indictment dismissed.

Article 516.º archiving or suspension is not due process of Justice fee when the process has been terminated or suspended pursuant to articles 280 and 281 Article 517.º Cases of exemption of the wizard the wizard is exempt from the payment of Justice in rate cases: a) in which, for reasons which the charge that there is less or with 359 that have conformed and not imputable to him , the defendant is not pronounced or is acquitted; or b) of paragraph 3 of article 287.º Article 518.º Responsibility of the wizard for charges When the procedure depend on private prosecutor, the Assistant convicted in fee paid also charges that your activity there is given way.

Article 519.º Rate due by the Constitution of 1 Assistant-Assistant's Constitution gives way to payment of fee, the amount laid down in the code of legal costs, which is taken into account in the case of the Assistant, the end, convicted new rate. 2-the payment provided for in paragraph 1 shall be carried out under the conditions laid down in the code of legal costs. 3-in the case of death or incapacity of the wizard the payment of the fee already carried out takes advantage of those who perform, in your place, in order to continue the assistance.

Article 520.º Liability to other people also Pay expense: a) the parties when civilians are not wizards or defendant and should understand that gave cause to the expense, according to the rules of civil procedure; b) any person who is not subject of the process, by incidents that cause when them come to decay; c) the complainant, when you show who denounced in bad faith or with gross negligence.


360 Article 521.º Exemption of penalty remission of the penalty does not release the accused the obligation to pay the expense.

Article 522.º 1-Exemptions the Prosecutor is free of costs and fines. 2-the accused prisoners enjoy tax exemption of Justice for appeal in first instance; enjoy exemption still in incidents that require or you do.

Article 523.º Expense in civil liability claim for costs relating to the application for civil compensation shall apply the rules of civil procedure.

Article 524.º Provisions subsidiaries is the provisions of the code in court fees.