Key Benefits:
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PROPOSED LAW NO. 109 /X
Exhibition of Motives
The subjects versed in this Review 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 of obtaining proof, the coat-ing and the
equity, the investigation, the instruction, the judgment, the special processes and the
resources. Having present that the Criminal Procedure is applied Constitutional Law, the
amendments intend to reconcile the protection of the victim-enhanced, in particular, in
thirst for secrecy of justice, wiretapping, access to autos, information on leakage
and release of inmates, statements for future memory and provisional suspension of the
process-and the efficacy of effectiveness with the defence guarantees, seeking to give
compliance with Article 32 (2) of the Constitution, which associates the presumption of
innocence to the swiftness of the trial.
As soon as Article 1, an update of the definitions of terrorism is carried out,
violent crime and highly organized crime. All concepts are
now considered separately, to be able to be used from per se the purpose of
each regime. The concept of organised crime goes on to cover the crimes of
criminal association, trafficking in persons, trafficking in arms, trafficking in narcotics or
of psychotropic substances, corruption, trafficking in influence and bleaching. The
reference is made without mention of legal standards to cover crimes in all
your modalities, regardless of whether they are provided for in the Criminal Code or in
avulsa legislation. It is further added the notion of especially violent crime
by imposition of the constitutional revision of 2001, which introduced it by admitting the entry
at the household overnight.
In accordance with Article 11, the President of the Supreme Court of Justice becomes
competent to authorize the interception, recording and transcript of talks or
communications in which you intervene the President of the Republic, the President of
Assembly of the Republic or the Prime Minister and determine, where appropriate, the
respective destruction. In Articles 11 and 12 it is ascribe to the Presidents of the Supreme
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Court of Justice, of the Relations and of the respective Criminal Sections the competence
to get to know the conflicts of competence so as to prevent these incidents from
provoat unwarranted delays. In Article 19, already within the framework of competence
territorial, it is determined that the court competent for the trial of the crime of
homicide is the one of the place of the practice of the fact and not the place of consummation, taking into account
that there may be a considerable dilation between the two moments.
The regime of impediments, provided for in Article 40, is modified. It is established that the
judge who has refused to apply the filing in the event of a penalty dispensation, the
provisional suspension of the process or the sumptiest process for considering insufficient
the sanction or there is applied a measure of coaction based on the existence of strong
evidence from the practice of crime is barred from participating in the ulterior stages of
trial and appeal. It does not extend the impediment to the judge who has kept the
measure of coaction, because such a ban does not have in its favour such intense justification and
would be of difficult practical application. In the course of the incident of refusal or escuses predicts
now the possibility of being practiced not only the urgent acts, referred to in the article
44, but also the acts necessary to ensure the continuity of the hearing.
Without forgetting that the quality of argumentation corresponds to a condition sine qua non from the
exercise of procedural rights and which may even be acquired at the initiative of the suspect,
excludes the possibility of the constitution of defendants when the news of crime is
manifestly unfounded and determines itself, in Article 58, that such a constitution depends
of the existence of suspicion founded and is subject to validation by the judicial authority
when it has been promoted by criminal police body.
It is established that the accused is compulsorily informed of the facts that are
imputed before giving statements (Article 61). It is determined that in the first
judicial interrogation of defendants arrested the judge informs the defendants of his rights, of the
grounds for the arrest, the imputed facts and the means of evidence whenever, in this
last case, the revelation does not critically cause the investigation, the discovery of the
truth or fundamental rights. The nocturful period, during which the accused can only
be interrogated in the detention sequence and if he / she himself requests it or are in
causes especially serious crimes, goes on to situate between 0 and 7 pm-and not between
the 0 and 6 hours-harmonizing this last limit with what is hosted for effects
of home searches. In an innovative way and to avoid the limitless drag of the
interrogation, it is premised that this has a maximum duration of 4 hours, finishes the
which can only be retaken for a new maximum period identical, during the same
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day, after a minimum interval of 60 (Article 103).
It extends the compulsory assistance of the defender to the cases of interrogation whenever the
accused is blind or is held or imprisoned (Article 64). When he is foreign the accused
has the right to choose interpreter to translate the talks with your defender
(Article 92).
The term for constitution of assistant in private crimes is extended from 8 to 10
days, attending to his exiguity (Article 68). To reinforce the position of the assistant,
it is expressly provided for him to be able to follow up with counsel at all
representations in which it intercomes (Article 70).
It devotes itself to greater breadth the principle of advertising. Thus, in the course of the
enquiry, the Public Prosecutor's Office can determine the publicity-"external"-by
application or with the concordance of the defendants, if the cessation of the secret does not
harm research and the rights of subjects and victims. However, if the accused
apply for publicity and the Public Prosecutor's Office not to grant, it is up to the judge to decide, by
irrecurrable dispatch, about the continuation or cessation of secrecy. During the
instruction, already only the accused can object to publicity (Article 86). But also the
"internal secret" is restricted. In the context of the survey is provided for access to the autos
to the accused, to the assistant and to the offending, the chances of injury to the
research or for the rights of participants or victims. Also in this
hypothesis, it is up to the judge of criminal instruction the last word in the case of the Ministry
Public do not provide access to the autos. Finishes the deadlines of the investigation, the accused, the
assistant and the offending can consult all the elements of the process, unless the
judge of instruction determine, in the interest of the investigation, a postponement by the period
maximum and imextendable 3 months (Article 89). After the course of the maximum time limits
of enquiry or extension for 3 months of the duration of the secret of
justice, the titular magistrate of the proceedings communicates to the immediate superior the
breach of the deadline, the reasons explaining it and the period necessary to complete the
survey. The hierarchical superior can avocate the process and gives always knowledge to the
Attorney General of the Republic and the procedural subjects of which the deadline has been exceeded and
of what is the period required to complete the enquiry. For his shift, the Prosecutor-
General of the Republic may decide itself by the procedural acceleration, officiously or the
application from the accused or the assistant (Article 276).
Finally, to dispel doubts about the subjective scope of the secret of justice, it introduces-
if a punctual alteration to clarify that they are subject to secrecy wants the people
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who have contact with the process want people who have knowledge of
elements to it belonging.
In the casting of elements and procedural acts that the media bodies do not
may publish, under penalty of simple disobedience, now includes the publication of the
identity of victims of crimes of human trafficking, against freedom and
sexual self-determination, the honour or reservation of private life, except if the victim
consent expressly to the revelation of your identity or if the crime is practiced
through the social media organ. It is a scheme designed to protect the
victim in situations in which advertising can have a stigmatizing effect. On the other
side, in honour of the right to the word and to prevent the devout, compose also the
punishment eat penalty of simple disobedience of the publication of talks or
communications intercepted in the criminal proceedings (Article 88).
The acts relating to summary and abbreviated proceedings, conflicts of competence, refusals
and needlework and probation go on to be able to practise on unhelpful days (article
103.) and the respective deadlines run during the court holidays (Article 104). By your
shift, the deadline to apply for the opening of the instruction, contest the claim for damages
civil, prosecution or pronunciation and interactions appeal may be extended to the limit
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 preventing proliferation
of interlocutory resources, it is determined that only the lack of legally binding acts
generates the insufficiency of the investigation or of the instruction for the purposes of arguing for nullity
(Article 120). Consistently, it continues to prescribe the irresribility of the
dispatch of concordant pronunciation with the prosecution of the Public Prosecutor's Office, even in the
part in which to appreciate nullities and other prior or incidental issues, but caveat-
if the jurisdiction of the trial court to exclude prohibited evidence (Article 310).
It is allowed the witnesses to indicate, for the purpose of notification, not only their
residence but also the place of work or other domicile at your choice. This is about
an indispensable regime to preserve certain witnesses-for example, members of
services and security forces-from possible constraints and retaliation. Having in
account for the provisions of Article 20 (2) of the Constitution and considering that a
witness can, at any time, convert to defendants, it is admitt to be
do follow up with lawyer, who informs you of the rights you attend to you, without intervening
in the respondent (Article 132). The prediction that defendants of the same crime or crime
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conexo can only testify as witnesses if in this consent will cover the cases already
transitioned on trial (Article 133). The right to refuse to depose as a witness
it also goes on to cover the situations of coexistence in conditions analogous to those of the
spouses between people of the same sex (Article 134).
Being certain that religious secrecy benefits from a special regime-by being a
corollary of freedom of religion-and it cannot be sacrificed in the name of an interest
preponderant, it is clarified that in the case of illegitimate invocation, there is no place for hearing
of "representative body" (as succeeding as to the professional secret). In
relation to the breaking of the professional secret, the concept of interest is explained
preponderant, referring to the printability of the deposition, the severity of the crime
and the need for the protection of legal goods (Article 135).
It is clarified that the evidence obtained, outside of the cases admitted by the law and without the
consent of the respective holder, upon intrusion into private life, at home,
in correspondence or telecommunications may not be used. Overcomes, for,
an interpretative doubt that the current wording of Article 126 (3) raises, by
refer only to nullity.
In the recognition of people, the possibility of the interveners is contemplable
photographed and of the photographs being put together to the autos, upon their respective
consent. It is predicted, on the other hand, that recognition by photography, film or
recording carried out in the scope of criminal investigation is only worth as a means of proof
when it is followed by presential recognition. But also here you admit that the
images of people who have not been recognized are joined to the auto, upon the
your consent (Article 147).
On the perices over physical or psychic characteristics of people who do not consinate in the
his achievement, requires dispatching from the judge, as they are in cause acts concerning
fundamental rights that only he can practise, by virtue of Article 32 (4) of the
Constitution. The order of the judge must weigh the need for the realization of the expertise
taking into account the right to personal integrity and to the reservation of the intimacy of the target
(Article 154). Personal exams have to be done by doctors or people legally
authorized and may not endanger the health of the target. Being in cause tissues
humans, exams and samples must be destroyed when they are not required
(Article 156). In the medico-legal and forensic expertise, the National Institute admits
of Legal Medicine indicates health service in which they should be carried out, in the hypothesis
of not having specialized doctors or the necessary material conditions.
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Being in cause the seizure of things without value, perishables, dangerous or
deteriorable, the judicial authority will be able to order the sale, the allocation for purpose
public or socially useful, the necessary conservation or maintenance measures or the
immediate destruction, as per the circumstances (Article 185). After the transit in
adjudication of the sentence, the people to whom they should be restituted the seized things are
notified to raise them and, if they do not, they lose these things in favour of the
State within a period of one year (Article 186).
Giving expression to the provisions of Article 34 (3) of the Constitution, in the version of the Law
Constitutional No. 1/2001, admits to carrying out nocturnal domicile searches,
between 21 pm and 7 pm, in the cases of terrorism, crime especially
violent or highly organized, consent of the targeted and flagrant offence by the
crime practice punishable with imprisonment of more than 3 years (article 177). The authorization is
given by judge, but the Public Prosecutor's Office and the criminal police bodies can take over the
initiative, subject to judicial validation, in the cases of consent and flagrant offence.
In this latter hypothesis, the dispensation of judicial authorization stems from the review as well
constitutional of 2001, which made the Tribunal's previous jurisprudence lapse
Constitutional.
The regime of interception and recording of talks or communications is modified in
multiple aspects. It is confined to this means of obtaining proof at the stage of inquiry and
demand, in an express manner, application from the Public Prosecutor's Office and dispatch
reasoned from the judge. To the cast of crimes contained in Article 187 (1)
added to the threat with a crime practice, the abuse and simulation of danger signs
and evasion when the accused has been convicted of some of the crimes of that cast. The
scope of persons who may be subjected to wiretapping is circumscribed to suspects, defendants,
intermediaries and victims (in this case, upon actual or presumed consent).
The judicial authorization is worth for a maximum and renewable term of 3 months. Clarifies
that fortuitous knowledge can only be worth as evidence when they have resulted
of interception directed the person and concerning the crime constant of the correspondents
legal elencs.
In respect of the procedure, it is established that the criminal police body that
carry out the interception and the recording elbots, in addition to the auto, a report on the
content of the conversation and its reach for the discovery of the truth. The organ of
criminal police hands over the materials to the 15 Public Prosecutor's Office in 15 days and this
presents them to the judge within a maximum of 48 hours. The judge determines the destruction
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immediate from the obviously strange supports to the process which, alternatively,
to respect talks in which they do not intervene constant persons from the legal cast,
matters subject to professional secrecy, employee or state or whose disclosure
can seriously affect rights, freedoms and guarantees. In addition, the judge determines,
upon application by the Public Prosecutor's Office, the transcript and junction to the autos of the
Talks and indispensable communications to substantiate the implementation of measures
of durational coating or guarantee.
From the closure of the survey, the assistant and the accused can examine and obtain
copy of the parties intending to transcribe to join the process. Worth as proof
the talks that the Public Prosecutor's Office, the accused and the assistant join, and the
court, in obedience to the principle of the investigation, to proceed to the hearing of the recordings
to determine the correction of the transcripts or the junction to the autos of new
transcripts. People whose talks or communications have been listened to and
transcripts can examine the technical supports until the closing of the hearing. The
technical supports referring to conversations or recordings that are not transcribed
are guarded in sealed envelope and destroyed after transit on trial of the decision
that puser term to the process. Supports that are not destroyed are guarded after
the transit on trial in sealed envelope and can only be used in the hypothesis of
extraordinary resource interposition.
The described scheme is applicable to any other forms of communication, under the terms of the
article 189, clarifying now that it covers electronic mail and other forms of
data transmission by telematics even if they find themselves guarded in support
digital. It is also demanded, in an express way, that there be dispatch from the judge to obtain and
join the autos data on cellular location or communications traffic,
by restricting such means of evidence to the crimes and persons referred to in the framework of the scheme
of the wiretaps (Article 189). However, it is conceded that the data on the cellular location
are obtained, within the framework of the cautionary and police measures, to ward off a danger
for life or of offense to serious physical integrity. Exclusively in this hypothesis, the
data may be requested by any judicial authority or criminal police officer, who
will always have to communicate such a request to a judge within a maximum of 48 hours.
In the seat of coaction and guarantee measures changes are made
general and, in particular, relating to the preventive prison regime. Thus, in the article
193. it enshrines in an express manner the principle of necessity, alongside the principles of
suitability and proportionality. It is clarified that the obligation to remain in the
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housing, implying the deprivation of liberty, only applies when the measures less
graves are insufficient, but it continues to set up preventive detention as
ultima ratio of the coaction measures.
By welcoming the dominant understanding, the judge of instruction to apply, during the course of
the survey, coaction measure or the most serious equity guarantee than the one recommended
by the dominus of that procedural phase-the Public Prosecutor's Office (Article 194). In addition,
it is required that the order dispatch indicates the facts on which it is founded
application of the measure and the facts that are charged to the accused, as well as its
legal qualification and the respective means of proof. In line with the
jurisprudence of the Constitutional Court, which admits, in this area, a weighting
of the conflicting interests, the communication of the means of proof is only refused when
puser gravely in cause the investigation, impait the discovery of the truth or
create danger for the most important fundamental rights of the participants
procedural and the victims. Abstracting from such a caveat, the facts and elements that do not
have been given to know the defendants cannot be used to substantiate the
measure (Article 194).
Withdraws, on the other hand, the draft strictly objective to the general requirement (of application
of measures for coating) of the disturbance of order and public tranquility, requiring-
if that disturbance is attributable to the accused (Article 202). Clarifies the regime
of accumulation of the various coating measures, seeking to strengthen their effectiveness.
It is expected that the officiating reexamination will take place not only from 3 in 3 months but also
when in the process they are given dispatch of charge or pronunciation or decision
who know of the object of the process and does not imply the extinction of the measure itself (article
213.).
The extinction of the coaction measures, by their shift, becomes immediate consequence of the
archiving of enquiry and the prowling of the dispatch of non-pronunciation or dispatch
that reject the charge (Article 214).
The preventive arrest deadlines are reduced in balanced terms, to accentuate the
exceptional character of this measure without prejudice to its cautionary purposes. However, in the
case of the accused having already been convicted in two successive instances, the maximum term
rises to half of the penalty that has been fixed. Although it continues to be worth the principle
of the presumption of innocence, enshrined in Article 32 (2) of the Constitution, the
gravity of the indications that militate against the accused justifies there the elevation of the deadline.
To prevent pretrial detention from being able to perpetuate, it stipulates that deadlines
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provided for such a measure may not be outdated when there is plurality of
processes (Article 215).
Also taking into account the exceptionality of preventive imprisonment, it is restricted to its
application to cases of punishable felony crimes with imprisonment of more than 5 years. However, given
the circumstance of some especially serious criminal phenomena being punishable
with lower maximum limit penalty, widens the catalogue of crimes, a
qualitative criterion that embraces felony felonies of terrorism, violent crime or
highly organized, punishable with imprisonment of more than 3 years. It is also expected to
application of preventive arrest in cases of serious breach of the obligation to remain
in housing, even if the crime matches jail time of maximum equal or
less than 5 years (and higher than 3).
It is clarified that there is no litigation relationship or the case judged between the appeal and the
providence of habeas corpus . Determines, still, that it is irrecourse to the decision that
dismiss the application, revoke or declare extinct the coaction measures (Article 219).
Taking into account the jurisprudence of the Constitutional Court, prescribe itself
that the decision that will maintain the pretrial detention or the obligation to remain in the
housing does not determine the supervenient uselessness of interposed decision-making
preview that there is applied or maintained that same measure (Article 213).
In addition to the cases previously contemplated, the right to be
indemnity to those who have suffered detention, pretrial detention or obligation to
remain in housing and are not convicted of not having been the agent of the crime or
for having acted justifiably. Although the measure of deprivation of liberty has been
correctly applied, it is only fair for the rule of law to assume responsibility for the
damage suffered by innocent defendants. Finally, it is premised that the court informs the
offended by the date on which the release of the accused will take place, when the latter can create
danger, regime which is extensible to the cases of escape and release of inmates (Articles 217,
482. and 480, respectively).
It continues to be predicted that the criminal police bodies will pass the crime news to the
Prosecutor's Office in the shortest term, but it is added that this deadline cannot
exceed ten days (Article 298). It is determined that the anonymous tip only originates
enquiry when she withdraws evidence from the practice of crime or constitutes a crime in itself
same (for example, of defamation, slandering denunciation or simulation of crime). To
to viabilize the criminal procedure, the judicial authority informs the holder of the right of
complaint or participation of the existence of denunciation. The anonymous complaint that does not
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determine opening of inquiry will be destroyed (Article 246).
Having present that detention should only be carried out in cases of strict need,
it is established that it only takes place, out of flagrante delicto, when there are reasons for
to consider that the target would not spontaneously present itself for the realization of an act
procedural (Article 257). This principle is also worth for the in-flagrant detention
Offence (Article 385), hypothesis in which the accused who is not immediately presented
to the judge will only remain detained if there are reasons to believe that it will not attend
spontaneously before judicial authority-without prejudice to being released, from
any form, within the maximum period of 48 hours, by virtue of Article 28 (1) of the
Constitution.
In the crimes against freedom and sexual self-determination of a minor, it becomes
mandatory the collection of declarations for future memory (today predicted as
optional), during the investigation. In all cases of statements for future memory,
goes on to ensure the adversarial in its fullness, as it is in cause a
partial anticipation of the trial hearing. Thus, it is admitting that the subjects
inquire directly, in the general terms, the witnesses (Article 271).
To clarify the regime of hierarchical intervention after the filing of the survey,
it is established that the dispatch of a survey is communicated by the
magistrate of the Public Prosecutor's Office to his immediate superior. For another part,
it is expected that the period of thirty days during which the formulation of
prosecution or continuation of investigations into account as of the date on which the instruction
can no longer be required.
The provisional suspension of the procedure becomes power to be applied to the application of the
argued or the assistant. Still within the framework of the suspension, the requirement of
absence of criminal background going forward to demand only that there is no
conviction or previous provisional suspension for a crime of the same nature. Also
the requirement of diminished guilt is turned into prediction of absence of high guilt.
In the crimes of domestic violence and against the freedom and sexual self-determination of
minor not aggravated by the result allows the Public Prosecutor's Office to determine the
archiving regardless of the applicable penalty, in the name of the victim's interest,
as long as there is not, again, conviction or previous provisional suspension for crime
of the same nature. Through these changes it intends to extend the application of this
procedural institute of fun and consensus.
To ensure the swiftness of special process forms, it is determined that they do not
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behave statement. So, not even in the shortened process there is the debate
instructor (Article 287). In the private crimes, it continues to give precedence to the
assistant to deduct charge, but prescribe the filing in the case of the
Prosecutor's Office not to follow up on the particular charge (Article 285). Once the
Prosecutor's Office directed the inquiry, only he can assess whether there are sufficient evidence
to submit the defendants to trial. In the case of these indications do not exist, not if
sees reason to attribute to the accused the burden of asking for openness of instruction. It will be for the
assistant to do so, reiterating the particular charge. In the framework of the instruction intends-
if it limits the interlocating resource interposition to cases where hajam has been
pretermed mandatory acts, to promote procedural celerity (Article 120).
It is also clarified that the irrecurribility of the instructional decision concordant with the
dispatch of prosecution of the Public Prosecutor's Office is without prejudice to the jurisdiction of the court of
trial to exclude prohibited evidence (Article 310).
The trial hearing becomes always documented, not admitting that the
procedural subjects shall dispense with such documentation, whatever the court
materially competent (Articles 363 and 364). In case of interruption, the hearing
resumes from the last procedural act, even if hajam has elapsed more than eight
days, as long as it respects the maximum thirty-day period fixed for the postponement
(Article 328). The statements provided before the judge before the trial hearing
can always be read when they are contradictory or discrepanies with the pressings
at the hearing, regardless of the degree of contradiction or discrepancy (articles 356.
and 357.).
In the context of the substantial change of facts, the distinction is introduced between new facts
autonomizable and non-autonomizable, stipulating that only the first originate the
opening of new process (Article 359). It is a consequence of the principles
non bis in idem and of the accusatory , which they impose, in the case of new facts not
autonomizable, the continuation of the process without alteration of the respective object. Predicts-
if the non-substantial change of facts or legal qualification in the phase of
resource be given to know the accused (Article 424).
In the matter of the sentence, it begins by making a precision, by which the
concept of judgment (Article 97) as a decision coming from a collective court, be
interlocutory or final. Admittedly, when the decision is not unanimous, that each judge
declare the grounds for their vote of worship, without distinguishing matter of fact and law,
whether it is a judgment of a court of first instance whether it is a judgment of
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superior court (articles 372 and 425). On the one hand, it is a difficult distinction and
controversial and, on the other, a restriction on the declaration of vote is hardly reconcilable
with the internal dimension of the independence of the courts. Finally, prescribe itself to
reopening of hearing to apply new regime more favorable to convict always
that the most favourable criminal law has not determined the cessation of the execution of the penalty
(article 271). This solution is preferable to the spurious use of the extraordinary resource
of revision or the subversion of the functional competency criteria (which would result from the
allocation of competence to judge under the new law to the court of execution of
feathers).
In honour of procedural celerity, the scope of the proceedings is sought to be expanded
summary, making it mandatory in the cases of detention in flagrante delicto for crime
punishable with imprisonment of not more than 5 years. In addition to raising from 3 to 5 years the
limit of the penalty, admitbeing that the detention has been carried out by any person,
provided that it has proceeded, within a maximum of 2 hours, to the delivery of the suspect to the
judicial authority or the police entity (Article 381). It is also expected that the
trial hearing if it starts at the maximum of 5 days-and not 48 hours-
when there is the interposition of one or more non-useful days between detention and hearing
(Article 387). It does not get hampered, however, the possibility of the hearing being
postponed until the maximum limit of 30 days for the accused to prepare their defence or the
Prosecutor's Office to develop probate representations. The referral, which now heads to
any other form of process and not just the common one, it is only possible in cases of
inadmissibility of the summary process, impossibility duly justified of
develop the probatory representations within 30 days or exceptional complexity
of the process (Article 390).
Also with the aim of making applicable in a greater number of cases the case
abbreviated, which continues to be applicable to crimes punishable with imprisonment of not more than 5
years, concretizes the concept of simple and evident evidence through the technique of the
standard examples. In this way, it is considered that there is simple and evident evidence when the
agent has been held in flagrante delicto but the trial cannot follow the form
summary or proof is essentially documentary or settle on witnesses
presentials with uniform version of the facts. Continues to be worth the maximum term of 90
days to deduct the charge, but it introduces the 90-day deadline to get started
trial hearing (articles 391 º-B and 391.-D).
In the summary process only point changes are made, that it stands out to
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possibility of the judge, in the case of understanding that the proposed sanction is untenable of
satisfy the purposes of the punishment, fix different penalty, with the concordance of the
Prosecutor's Office and the accused (Article 397). In the alternative, it continues to predict
referral hypothesis, clarifying that it can come to fruition for another form of
process any and not just for the common.
The set of changes to the seat of resources presupposes that the right to
appeal constitutes a guarantee of defence, today explained in Article 32 (1) of the
Constitution, and a corollary of the guarantee of access to law and the courts (article 20,
n. 1, of the Constitution), but shall subordinate to a decor of expediency associated with the
presumption of innocence and the discovery of the material truth.
To restrict the second-degree appeal before the High Court of Justice to the
cases of higher criminal merit, is substituted, in Article 400, the prediction of limits
maximum exceeding 5 and 8 years in prison for a reference to concrete penalties with
those measures. It is also premised that when the Relation, in appeal, does not know the
final of the object of the process, it is not up to the Supreme. To ensure respect
for equality, the interposition of appeal of the part of the sentence relating to the equality is admitbeing
civil compensation even in the situations in which it does not fall into appeal from the criminal matter.
The ban on reformatio in pejus is the subject of two punctual modifications. Determines-
if the appeal interposed only against one of the defendants does not harm the remaining
(Article 402) and it is clarified that the possibility of aggravating the penalty of contemplated fine
in Article 409 (2) relates to the amount set for each day of fine and not to the
number of days in which the penalty is graded.
To harmonize the regimes of ascent and efficacy, it is determined that the resources whose
retention would render them absolutely worthless have suspensive effect of the process or of the
used decision, as per cases.
In the sense of avoiding the realization of superfluous procedural acts, and bearing in mind that the
hearing in the court of appeal corresponds to a renounceable right, it is expected that the
appellant requires the realisation, specifying the points it intends to see discussed
(Article 411). For the same purpose, the written claims are deleted, which the
experience demonstrated to constitute pure repetition of the motivations.
Within the framework of the motivation, to stop one of the main causes of the morosity in the
tramping of the appeal, eliminates the requirement for transcription of the trial hearing.
The appellant may refer to the concrete evidence that imposes amusing decision of the defendant
indicating the passages of the recordings; it is not obliged to proceed to the respective
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transcript (Article 412). The court ad who carries out the hearing or visualization of the
indicated passages and from others that may perhaps consider relevant.
There is a plurality of resources on the matter of fact and law, it is determined that
everyone is judged by the competent court to know matter of fact (article
414.). Being admissible resource per saltum to the Supreme as to the matter of law
(of final judgments delivered by the collective court or by the court of jury), prohibits
expressly the interposition of resource for Relation (Article 432). In
counterpart, passes the resource for the relations of the final judgments given by the
court of the jury as to the matter of fact. In effect, the solemnity of the jury does not justify,
still, a conversion of the right of appeal.
The view to the Public Prosecutor's Office goes on to target exclusively to take notice
of the case whenever a hearing has been requested (Article 416). In this case, the
Public prosecutor's office to the court of appeal will have opportunity to intervene in the
hearing. A prior visa with innovative content would trigger the adversarial,
unjustifiably dragging down the process.
The court of appeal goes on to operate on three levels. It will compete for the rapporteur to invite the
present, supplement or clarify the findings formulated by the appellant, decide whether
it shall remain the effect attributed to the appeal and whether there is a place for the renewal of the proof and
appreciate the resource when this should be rejected, there is extinctive cause of the
procedure or responsibility and the question to be decided has already been appreciated before
in a uniform and reiterating way (Article 417). From the dispatch of the reporter fits always
complaint to the conference. The conference, for its part, goes on to have a
more restricted composition, encompassing only the president of the section, the rapporteur and a
vogal, compete to judge the appeal when the court decision the quo no
constitute a final decision and when there is no hearing required
(Article 419). Only in the remaining cases does the appeal stand trial at a hearing. With this
apportionment of competences rationalises the functioning of the higher courts,
promoting a greater intervention by the judges who make them the singular title.
In the cases of referral of the case, the new trial is admits to be carried out by the
previous court (Article 426). Only if it requires to be respected the general regime of
impediments, not the judge that there will be intervening in the previous trial to participate
in the one of the renewal (Article 40).
It goes on to provide for the (extraordinary) appeal of the Public Prosecutor's Office
for fixing jurisprudence, whenever the respective assumptions are met
15
(Article 437). In honour of a procedural economy desicration, it establishes itself
that the 30-day time frame for the interposition of decision appeal delivered against
jurisprudence fixed account from the transit on trial of the contested decision (article
446.).
New fundamentals are added to the extraordinary review resource: the discovery
of which they served on the grounds of the conviction prohibited evidence; the statement, with force
general mandatory, from the unconstitutionality of content norm less favorable to the
argued that it has constituted ratio decidendi ; the existence of binding sentence of the
Portuguese state, handed down by international instance, which appears irreconcilable with
the conviction or raises serious doubts about his justice (Article 449). The norm that
prohibits new application for review by who has formulated previous application when the
review there has been denied or has been upheld the decision to be reviewed (Article 475) is
conformed to the jurisprudence of the Constitutional Court. Therefore, just not
there will be new review if no different ground is presented.
Finally, in order to carry out penalties, it is clarified that it is up to the terms
general of the decision to deny or revoke the probation (articles 485 and 486).
It is a jurisdictional act that focuses on a fundamental right of the convict
and is still included in the scope of the resource guarantee enshrined in Article 31 (1) of the
Constitution.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Amendment to the Code of Criminal Procedure
Articles 1, 11 to 14, 19, 23, 36, 38, 45, 58, 61, 68, 68, 68, 68, 68, 68, 68, 68
70, 75, 77, 86 to 89, 97 to 93, 103, 104, 107, 126, 131, 131, 131, 131.
a 135, 141, 147, 148, 154, 155, 157, 159, 159, 159, 159, 172 to 160-A., 166, 172, 172, 172
174 to 177, 180, 185 to 190, 194, 198, 212 to 219, 225 to 242, 242, 242, 242
243, 245 to 248, 251, 257, 260, 269, 276, 278, 282, 282, 282, 282, 282.
285 to 287, 289, 291, 302, 310, 310, 326, 328, 331, 331, 331, 331, 331, 331.
334, 336, 345, 355 to 357, 363, 364, 372, 380, 382, 382, 382, 382, 382.
16
385 to 387, 389, 390, 391-A. to 395, 400, 402, 402 to 409, 407 to 409.
411 to 420, 423 to 426-A., 428, 429, 432, 437, 446, 465, 465, 465, 465, 465, 465
480, 482, 484 to 488, 494 to 496, 517, and 522 and 522 of the Code of Procedure
Penal, approved by the Decree-Law No. 78/87, of February 17 and amended by the
Decrees-Law n. the
387-E/87, of December 29, 212/89, of June 30, and 17/91, of 10
of January, by Law No. 57/91, of August 13, by the Decrees-Law n. the
423/91, from 30 of
October, 343/93, of October 1, and 317/95, of November 28, by the Leis n. the
59/98,
of August 25, 3/99, of January 13, and 7/2000, of May 27, by the Decree-Law n. para.
320-C/2000, of December 15, by the Leis n. the
30-E/2000, of December 20, and
52/2003, of August 22, and by the Decree-Law No. 324/2003 of December 27, pass
to be replaced by the following:
" Article 1.
...XX_ENCODE_CASE_One ...
For the purposes of the provisions of this Code shall be deemed to be:
a) Thereof ...;
b) Thereof ...;
c) Thereof ...;
d) Thereof ...;
e) Thereof ...;
f) Thereof ...;
g) Thereof ...;
h) Thereof ...;
i) Terrorism: the conduits that integrate the crimes of organization
terrorist, terrorism and international terrorism;
j) Violent crime: the conduits that dolly address
against life, physical integrity or freedom of the people and are
punishable with a prison sentence of maximum equal or greater than 5 years;
l) Especially violent crime: the ducts provided for in the
previous paragraph punishable with penalty of maximum equal imprisonment or
greater than 8 years;
m) Highly organized crime: the conduits that integrate
17
crimes of criminal association, trafficking in persons, trafficking in arms,
trafficking in narcotic drugs or psychotropic substances, corruption,
trafficking in influence or bleaching.
Article 11.
[...]
1-In criminal matters, the plenum of the Supreme Court of Justice has the
competency that is assigned to it by law.
2-Compete to the President of the Supreme Court of Justice, in matter
penal:
a) Know of the conflicts of competence between sections;
b) Authorize the interception, recording and transcription of talks
or communications in which you intervene the President of the Republic, the
President of the Assembly of the Republic or the Prime Minister and
determine the respective destruction under the terms of Articles 187 to
190.
c) Exercise the remaining assignments conferred by law.
3-[ Previous Article No 2 ].
4-Compete to the criminal sections of the Supreme Court of Justice, in
criminal matter:
a) Judging prosecutions for crimes committed by judges of the Supreme
Court of Justice and the relations and magistrates of the Ministry
Public who exercise duties with these courts, or equated;
b) Judging resources that are not within the competence of the full
sections;
c) Know of the requests for habeas corpus by virtue of unlawful imprisonment;
d) Know of the applications for review;
e) Decide on the application for the assignment of competence to another court
of the same species and hierarchy, in the cases of obstruction to exercise
of the jurisdiction by the competent court;
f) Exercise the remaining assignments conferred by law.
5-The sections work with 3 judges.
6-Compete to the Chairpersons of the criminal sections of the Supreme Court of
18
Justice, in criminal matters:
a) Know of the conflicts of competence between relationships, between these and
the courts of 1. th instance or between courts of 1 th instance of
different judicial districts;
b) Exercise the remaining assignments conferred by law.
7-Compete to each judge from the criminal sections of the Supreme Court of
Justice, in criminal matters, practise the jurisdictional acts concerning the
enquiry, direct the instruction, chair the instructional debate and profer
dispatch of pronunciation or non-pronunciation in the processes referred to in the
point ( a) of paragraph 3 and (3) a) of paragraph 4.
Article 12.
[...]
1-In criminal matters, the plenum of relations has the competence that it is
assigned by law.
2-Compete to the presidents of relations, in criminal matters:
a) Know of the conflicts of competence between sections;
b) Exercise the remaining assignments conferred by law.
3-Compete to the criminal sections of relations, in criminal matters:
a) Judging prosecutions for crimes committed by law judges,
attorneys of the Republic and procuratorates-adjuncts;
b) Judging resources;
c) Judging the extradition judicial proceedings;
d) Judging the processes of review and confirmation of criminal sentence
foreign;
e) Exercise the remaining assignments conferred by law.
4-The sections work with three judges.
5-Compete to the presidents of the criminal sections of relations, in matter
penal:
a) Know of the conflicts of competence between courts of l.
instance of the respective judicial district;
b) Exercise the remaining assignments conferred by law.
6-Compete to each judge from the criminal sections of relations, in matter
19
penal, practice the jurisdictional acts concerning the investigation, direct the
instruction, preside over the instructional debate and utter dispatch of pronunciation
or non-pronunciation in the processes referred to in paragraph a) of paragraph 3.
Article 13.
[...]
1-Compete to the court of the jury judge the proceedings that, having the intervention
of the jury was required by the Public Prosecutor's Office, the assistant or the
defendants, respect the crimes provided for in Title III and Chapter I of the
Title V of the Book II of the Criminal Code and the Criminal Law concerning the
Violations of International Humanitarian Law.
2-[...].
3-[...].
4-[...].
Article 14.
[...]
1-Compete to the collective court, in criminal matters, to judge proceedings
that, and should not be adjudicated by the court of the jury, respect crimes
provided for in Title III and in Chapter I of Title V of Book II of the Code
Penal and the Criminal Law on Violations of International Law
Humanitarian.
2-[...].
Article 17.
[...]
It is incumbent upon the investigating judge to proceed with the instruction, decide on the
pronunciation and exercise all jurisdictional functions up to the shipment of the
process for trial, on the prescribed terms in this Code.
20
Article 19.
[...]
1-[...].
2-Dealing with crime that understands as an element of the kind the death of
a person, is competent the court in whose area the agent has acted or,
in the event of omission, it should have acted.
3-[ Previous n. 2 ].
4-[ Previous Article No 3 ].
Article 23.
[...]
1-If in a proceeding is offended, person with the faculty of being constituted
assistant or civil party a magistrate, and for the process to have
jurisdiction the court where the magistrate carries out duties, is competent,
in accordance with the rules of distribution, other judgment or section of that
court.
2-If it is not possible to apply the provisions of the preceding paragraph, it is competent
the court of the same hierarchy or species with the nearest headquarters.
Article 35.
[...]
1-The court, as soon as it becomes aware of the conflict, raises it together from the court
competent to decide it, in accordance with Articles 11 and 12, by referring-
to you copy of the acts and all the necessary elements to your resolution,
with referral from the Public Prosecutor's Office, the accused, the assistant and the
respective lawyers.
2-The conflict can be aroused also by the Public Prosecutor's Office, by the
argued or by the assistant upon application directed to the organ
competent for the resolution, containing the indication of the decisions and of the
positions in conflict, to which the elements mentioned in the
final part of the previous number.
21
3-[...].
Article 36.
[...]
1-The competent body to address the conflict sends the autos with a view to the
Prosecutor's Office and notifies the procedural subjects that they have not
has aroused the conflict to, in all cases, claim within five
days, after which, and after collected the information and the evidence that
repute necessary, resolve the conflict.
2-A The decision on the conflict is irrecurrable.
3-[ Previous Article No 5 ].
4-[ Previous Article No 6 ].
Article 38.
[...]
1-[...].
2-It is correspondingly applicable to the provisions of paragraphs 1 and 3 of Article 36,
as well as in Article 33 (3)
3-[...].
4-[...].
5-[...].
Article 40.
[...]
No judge can intervene in trial, appeal, or request for review
relative to the process in which you have:
a) Applied measure of coaction provided for in Articles 200 to 202;
b) Presiding over the instructory debate;
c) Participated in a previous trial;
d) Delivered or participated in a decision to appeal or request to
previous review;
22
e) Refused the filing in the event of a penalty dispensation, the
provisional suspension or the sumptive form by dissent from the
sanction proposed.
Article 45.
[...]
1-The application for refusal and the application for escusa shall be submitted,
together with the elements in which they are founded, in the face of:
a) [...];
b) [...].
2-After submitted the application or the application provided for in the number
previous, the target judge practises only the urgent procedural acts or
necessary to ensure the continuity of the hearing.
3-[ Previous Article No 2 ].
4-[ Previous Article No 3 ].
5-The court has a time limit of 30 days, from the delivery of the
their respective application or request, to decide on the refusal or the
escusa.
6-A The decision provided in the preceding paragraph is irrecurrable.
7-[ Previous Article No 5 ].
Article 58.
...XX_ENCODE_CASE_One ...
1-Without prejudice to the provisions of the preceding Article, the constitution is mandatory
of arguido as soon as:
a) Running survey against determined person in relation to which
there is suspicion founded from the practice of crime, this one providing statements
in the face of any judicial authority or criminal police body;
b) Thereof ...;
c) Thereof ...;
d) It is raised self-made news that gives a person as an agent of
23
a crime and the one will be communicated to you, save if the news is
manifestly unfounded.
2-[...].
3-A The constitution of defendants made by the criminal police body is
communicated to the judicial authority within 10 days and by this
appreciated, in order to its validation, within 10 days.
4-percent Previous Article No 3 Just.
5-A omission or violation of the formalities provided for in the figures
previous implies that the statements provided by the target person do not
can be used as evidence.
6-A non-validation of the constitution of defendants by the judicial authority
does not harm the evidence previously obtained.
Article 61.
[...]
1-The accused shall enjoy, in particular, at any stage of the proceedings and, save the
exceptions from the law, the rights of:
a) [...];
b) [...];
c) Be informed of the facts that are charged to you before you provide
statements before any entity;
d) [ Previous paragraph (c) ];
e) [ Previous point (d) ];
f) [ Previous point (e) ];
g) [ Previous point f) ];
h) [ Previous point (g) ];
i) [ Previous point (h) ].
2-A communication in private referred to in para. f) of the previous number
occur in sight when so they impose security reasons, but in
conditions of not being heard by the in-charge of the surveillance.
3-[...].
24
Article 64.
[...]
1-It is mandatory the assistance of the defender:
a) In the interrogations of defendants arrested or arrested;
b) [...];
c) In any procedural act, except for the constitution of
argued, whenever the accused is blind, deaf, mute, illiterate,
unaware of the Portuguese language, less than 21 years old, or if
raise the question of your inimitability or your
diminished attributability;
d) [...];
e) [...];
f) [...];
g) [...].
2-[...].
3-[...].
4-In the case provided for in the preceding paragraph, the accused is informed, in the
dispatch of prosecution, of which it is obliged, if convicted, to
pay the fees of the officious defender, save if it is granted
judicial support, and which may proceed to the replacement of that defender
upon the constitution of lawyer.
Article 68.
[...]
1-Can constitute assistants in the criminal process, in addition to persons and
entities to whom special laws confer that right:
a) [...];
b) [...];
c) In the event that the offending dies without having renounced the complaint, the
surviving spouse not separate judicially from persons and goods
or the person, of another or of the same sex, who with the offending
lived in conditions analogous to those of the spouses, the descendants and
25
adopted, ascendant and adopters, or, in the absence of them, siblings and
your descendants, save if any of these people there are
participated in the crime;
d) [...];
e) [...].
2-Dealing with a particular charge-dependent procedure, the
application takes place within 10 days of the warning
referred to in Article 246 (4)
3-[...].
4-[...].
5-[...].
Article 70.
[...]
1-[...].
2-[...].
3-Assistants may be accompanied by counsel in the representations
in which they intervibe.
Article 75.
[...]
1-As soon as, in the course of the investigation, they take notice of the existence
of any injured persons, the judicial authorities and the police bodies
criminal must inform them of the possibility of deducting request from
civil compensation in criminal proceedings and the formalities to be observed.
2-Who has been informed that he / she can deduct claim for compensation
civil in the terms of the previous number, or, not having been, consider
aggrieved, may manifest in the process, until the closure of the investigation, the
purpose of doing so.
26
Article 77.
[...]
1-When presented by the Public Prosecutor's Office or by the Assistant, the application
is deducted in the charge or, on an articulated application, on the deadline in
that this must be formulated.
2-[...].
3-If it has not manifested the purpose of deducting claim for damages
or if it has not been notified under the preceding paragraph, the lessee
may deduct the application up to 20 days after the accused is notified the
dispatch of prosecution or, if there is not, the dispatch of pronunciation.
4-[...].
5-[...].
Article 86.
...XX_ENCODE_CASE_One ...
1-The criminal procedure is, under penalty of nullity, public, ressalvated the
exceptions provided for in the Act.
2-The process is subject to secret of justice until the expiry of the term for
apply for the opening of the instruction, except if the Public Prosecutor's Office
determine your advertising.
3-The prosecutor's office determines the publicity of the process, in any
moment of inquiry, upon application or with concordance
of the accused, when he understands that the cessation of secrecy does not harm the
research and the rights of procedural participants or victims.
4-In the event that the accused apply for publicity but the Public Prosecutor's Office
not to be determined, the autos are remitted to the judge, who decides, by
unrecurrable dispatch, after hearing the offending, if the process continues
subject to secret of justice or becomes public.
5-The process remains subject to secrecy from justice to transit in
trial of the instructional decision, if the accused declarates that he is opposed to the
advertising.
6-If the opening of the instruction is required by the defendants, the statement
27
referred to in the preceding paragraph shall be carried out in the respective
application and if it is required by the assistant shall be carried out in the
period of 10 days from the notification of the opening order of the
instruction.
7-The defendants may revoke the declaration provided for in paragraph 5 in any
moment of instruction.
8-Havendo several defendants, the publicity of the case, in the terms of the n.
3 a 7, depends on the concordance of all.
9-A The publicity of the process implies, in the terms defined by the law and, in
special, by the following articles, the rights to:
a) Assistance, by the general public, to the realization of the acts
procedural, excepting those to take place during the survey
and the instruction;
b) [ Previous Article (b) of paragraph 2 ];
c) [ Previous Article (c) of paragraph 2 ].
10-percent Previous Article No 3 Just.
11-The secret of justice binds all subjects and participants
procedural, as well as persons who, by any title, have
taken contact with the process or knowledge of elements to it
belonging, and implies the prohibitions of:
a) From Previous Article (a) of paragraph 4 Thereof;
b) From Previous Article (b) of paragraph 4 Just.
12-A The judicial authority may, however, give or order or permit that
be given knowledge to certain persons of the content of the act
or of document in secret of justice, if such non-puser in cause a
research and appear:
a) Convenient to the clarification of the truth; or
b) Indispensable to the exercise of rights by the concerned.
13-percent Previous Article No 6 Just.
14-percent Previous Article No 7 Just.
15-percent Previous Article No 8 Just.
16-The secret of justice does not preclude the provision of clarifications
public by the judicial authority, when they are required to
28
re-establishment of the truth and not to harm the research:
a) At the request of persons publicly called into question; or
b) To ensure the safety of people and goods or tranquility
public.
Article 87.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
2-percent ... ago.
3-In case of prosecution for a crime of human trafficking or against the
freedom and sexual self-determination, the procedural acts arise, in
rule, with exclusion from advertising.
4-percent ... ago.
5-percent ... ago.
6-percent ... ago.
Article 88.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
2-percent ... namely:
a) Thereof ...;
b) Thereof ...;
c) The publication, by any means, of the identity of victims of
crimes of human trafficking, against freedom and self-determination
sexual, the honour or reservation of private life, except if the victim
consent expressly to the revelation of your identity or if the
crime is practiced through social media organ.
3-percent ... ago.
4-It is not permitted, under penalty of simple disobedience, the publication, by
any means, of talks or communications intercepted in the
scope of a process, unless they are not subject to secrecy from
29
justice and the interveners expressly consent to the publication.
Article 89.
...XX_ENCODE_CASE_One ...
1-During enquiry, the accused, the assistant, the offending, the injured and the
responsible civil officer may consult, upon application, the process
or elements of it constant, as well as get the corresponding
extracts, copies or certificates, saved when the Public Prosecutor's Office
is opuser to consider, grounded, that it may harm the
research or the rights of procedural participants or victims.
2-If the Public Prosecutor's Office opposes the consultation or the obtaining of the
elements provided for in the preceding paragraph, the application is present to the
judge, who decides by irrecurrable dispatch.
3-For the purposes of the provisions of the preceding paragraphs, the self or the parts of the
self to which the accused, the assistant, the offending, the injured and the responsible
civil should have access are deposited in the registry, by photocopying and in
avulso, without prejudice to the progress of the process, and persisting for all
the duty to keep secret of justice.
4-When, pursuant to Article 86 (1 a) to 3, the process becomes
public, the persons mentioned in paragraph 1 may apply for the authority
judicial officer competent the free examination of the autos outside the office,
and the order shall be required to set the deadline for the purpose.
5-percent Previous Article No 4 Just.
6-Finds the deadlines set out in Article 276, the accused, the assistant and the
offending can consult all elements of the process, save if the
judge of instruction determine, the application of the Public Prosecutor's Office, which
access to the autos is postponed for a maximum period of 3 months.
Article 91.
[...]
1-[...].
2-[...].
30
3-The oath referred to in paragraph 1 shall be rendered before the judicial authority
competent and the commitment referred to in the preceding paragraph is provided
before the judicial authority or the criminal police authority
competent, which they warn in advance of who the duty to provide from the
sanctions in which it incurs whether to refuse them or to them to be missed.
4-[...].
5-[...].
6-[...].
Article 92.
[...]
1-[...].
2-[...].
3-The accused can choose, without charge for him, interpreter other than the
predicted in the previous number to translate the talks with your
defender.
4-The interpreter is subject to secret of justice, in the general terms, and not
can reveal the talks between the accused and his defender, be which
it is the stage of the process in which they occur, under penalty of violation of the
professional secret.
5-No evidence obtained upon violation of the
arranged in the n. the
3 and 4.
6-[ Previous Article No 3 ].
7-The interpreter is appointed by judicial authority or authority of
criminal police.
8-[ Previous Article No 4 ].
Article 93.
[...]
1-[...].
2-[...].
3-[...].
31
4-It is correspondingly applicable to the provisions of paragraphs 3 a to 5 of the article
previous.
Article 97.
[...]
1-The decision-makers of the judges take the form of:
a) [...];
b) [...].
2-The decisional acts provided for in the preceding paragraph take the form of
judgments when they are delivered by a collegial court.
3-[ Previous Article No 2 ].
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
Article 101.
[...]
1-[...].
2-When stenographical, stenotypic or other means are used
different from the common writing, the employee who of them if it has been
does the transcription at the shortest possible time, owing to the entity that
presided over the act to make sure of the compliance of the transcript, before the
signature.
3-Whenever it is performed recording, the employee delivers on the deadline of 48
hours a copy to any procedural subject that requires it and provides
to the court the necessary technical support.
4-The stenographed sheets and the stenotipate or engraved tapes are
preserved in sealed envelope to the order of the court, being made
mention in the self, of the whole opening and closing of the records
guarded by the entity carrying out the operation.
5-The technical supports referred to in the preceding paragraph are guarded by the
deadline of 2 years counted from the transit on trial of the final decision,
may be later destroyed by order of the court.
32
Article 103.
[...]
1-[...].
2-Except for the provisions of the preceding paragraph:
a) [...];
b) [...];
c) The acts relating to summary and abbreviated proceedings;
d) The procedural acts relating to conflicts of competence,
denial of refusal and requests for a scusa;
e) The acts relating to the granting of the probation, when
finding abiding by the portion of the penalty necessary for its application;
f) [ Previous point c )].
3-The interrogation of the accused cannot be carried out between 0 and 7
hours, save in act followed by detention:
a) In the cases of the paragraph a) of Article 174 (5); or
b) When the accused himself requests it.
4-The interrogation of the accused has the maximum duration of 4 hours, and may
be retaken, on each day, for one time and identical maximum term,
after a minimum interval of 60.
5-Are void, and may not be used as evidence, the statements
provided in addition to the limits provided for in the n. the
3 and 4.
Article 104.
[...]
1-[...].
2-Run on holiday the deadlines for proceedings in which they should
practise the acts referred to in points a) a f) of the Article 2 (2)
previous.
33
Article 107.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-When the procedure proves to be of exceptional complexity, in the
terms of the final part of Article 215 (3), the judge, the application of the
Prosecutor's Office, the assistant, the accused or the civil parties, may
extend the deadlines set out in Articles 78, 287, 315 and in n. the
1 and 3
of Article 411, up to the maximum limit of 30 days.
Article 120.
[...]
1-[...].
2-Constituting defendants dependent on defendants, in addition to those that are
commenced in other legal provisions:
a) [...];
b) [...];
c) [...];
d) The insufficiency of the survey or of the instruction, because they have not been
practiced legally binding acts, and the subsequent omission of
moves that could repudiate essential for the discovery
of the truth.
3-[...].
Article 126.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
34
2-percent ... ago.
3-Rids the cases provided for in the law, are also null and void and cannot
be used the evidence obtained by intromission in private life, in the
household, in the correspondence or in telecommunications without the
consent of the respective holder.
4-percent ... ago.
Article 131.
[...]
1-[...].
2-[...].
3-Addressing testimony of less than 18 years in crimes against the
freedom and sexual self-determination of minors, it can take place expertise
about the personality.
4-[...].
Article 132.
Rights and duties of witnesses
1-[...].
2-[...].
3-For the purpose of being notified, the witness may indicate his / her
residence, the place of work or other domicile at your choice.
4-Whenever you must provide testimony, albeit in the course of an act
vetted to the public, the witness can make himself keep up with
counsel, who informs her, when he understands it necessary, of the rights that
they assist you, without intervening in the respondent.
5-It cannot accompany witness, in the terms of the preceding paragraph, the
counsel who is a defender of defendants in the process.
35
Article 133.
[...]
1-They are barred from depose as witnesses:
a) [...];
b) [...];
c) The civil parties;
d) The experts, in relation to the perices they have carried out.
2-In the event of separation of proceedings, the defendants of a same crime or
of a consex crime, even if already convicted of a transitioned sentence
on trial, they can only depose as witnesses if in this expressly
consent.
Article 134.
[...]
1-Can refuse to depose as witnesses:
a) [...];
b) Who has been spouse of the accused or who, being of another or
of the same sex, with him conliving or has lived in conditions
analogous to those of the spouses, in respect of facts occurring 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 the other people to
who the law allows or impuser who keep secret can esque themselves to
depose about the facts by him covered.
2-[...].
3-The court higher than the one where the incident has been raised, or, in the
case of the incident having been raised before the Supreme Court of
36
Justice, the full of the criminal sections, can decide from the provision of
testimony with breaking of the professional secret whenever this one se
show justified, according to the principle of the prevalence of interest
preponderant, notably taking into account the printability of the
testimony for the discovery of the truth, the gravity of the crime and the
need for the protection of legal goods. The intervention is aroused
by the judge, officiously or the application.
4-[ Previous Article No 5 ].
5-The provisions of paragraphs 3 and 4 shall not apply to religious secrecy.
Article 141.
...XX_ENCODE_CASE_One ...
1-The accused held that should not be immediately tried is interrogated
by the investigating judge, within the maximum period of forty-eight hours after the
detention, as soon as it is present with the circumstantial indication of the
grounds for the detention and the evidence that substantiates it.
2-percent ... ago.
3-percent ... ago.
4-Thereafter, the judge informs the accused:
a) Of the rights referred to in Article 61 (1), explaining-
this is necessary;
b) Of the reasons for detention;
c) Of the facts that are concretely attributed to it, including,
whenever they are known, the circumstances of time, place and
mode; and
d) Of the elements of the process that indict the imputed facts,
where your communication does not puser into cause the investigation,
do not hinder the discovery of the truth nor create danger to life,
the physical or psychic integrity or the freedom of the participants
procedural or the victims of the crime;
staying all information, apart from those provided for in the a ), the
record of the self of interrogation.
37
5-[...].
6-[...].
Article 143.
[...]
1-[...].
2-The interrogation complies, in the applicable part, of the provisions relating to the
first judicial interrogation of defendants detained.
3-[...].
4-[...].
Article 144.
[...]
1-[...].
2-[...].
3-The defendants ' interrogations arrested are always done with assistance from the
defender.
4-A entity that proceeding to the interrogation of defendants in freedom
informs you in advance that you have the right to be assisted by
lawyer.
Article 147.
[...]
1-[...].
2-[...].
3-[...].
4-The people who intervene in the process of recognition provided for in the
n. 2 are, if this consents to, photographed, being the photographs together
to the auto.
5-The recognition by photography, film or recording performed in the framework
of the criminal investigation can only be worth as a means of proof when it is
38
followed by recognition carried out in accordance with paragraph 2.
6-The photographs, films or recordings that refer only to people who
have not been recognized can be joined to the auto, by the
respective consent.
7-The recognition that does not comply with the provisions of this article does not have
value as a means of proof, whatever the phase of the process in which
occur.
Article 148.
[...]
1-[...].
2-[...].
3-It is correspondingly applicable to the provisions of paragraph 7 of the preceding Article.
Article 154.
[...]
1-[...].
2-When it comes to forensics about physical or psychic characteristics of
person who has not provided consent, the order provided in the
previous number is the jurisdiction of the judge, which weighs the need for the
your achievement, taking into account the right to personal integrity and booking
of the intimacy of the visage.
3-[ Previous Article No 2 ].
4-[ Previous Article No 3 ].
Article 155.
[...]
1-[...].
2-[...].
3-If the technical advisor is assigned after the realization of the expertise, it may,
save in the case provided for in paragraph a) of paragraph 4 of the previous article, take
39
knowledge of the report.
4-[...].
Article 156.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-The expertise referred to in Article 154 (2) is carried out by medical practitioner
or another legally authorized person and cannot create danger to the
health of the target.
6-When it comes to blood or other body cell analyses, the
examinations carried out and the samples collected can only be used in the
process under way or in another already instituted, owing to be destroyed,
upon dispatch of the judge, as soon as they are not necessary.
Article 157.
[...]
1-Finda the expertise, the experts proceed to the elaboration of a report, in the
which they mention and describe their answers and conclusions
duly substantiated. Experts can be ordered
clarifications by the judicial authority, by the accused, by the assistant,
by the civil parties and the technical advisors.
2-[...].
3-[...].
4-[...].
5-[...].
40
Article 159.
Medico-legal and forensic expertise
1-The medico-legal and forensic perices that have been inspired by the assignments of the
National Institute of Legal Medicine is held by the delegations
of this and the medico-legal offices.
2-Exceptionally, in the face of manifest impossibility of the services, the
perices referred to in the preceding paragraph may be carried out by entities
third party, public or private, contracted or indicated for the purpose
by the Institute.
3-In the non-understood commissions in the area of acting of the delegations and
of the medical-legal offices in operation, the medical expertise-
legal and forensics can be carried out by doctors to hire for the
Institute.
4-The medico-legal and forensic expertise requested from the Institute in which if
check the need for specialist medical training in others
domains and which cannot be carried out by the delegations of the Institute
or by the medico-legal offices, so there are no experts with the
required training or material conditions for their realization, may
be carried out, by appointment of the Office, by university service or by
public or private health.
5-Whenever necessary, the medical-legal and forensic expertise of nature
laboratory may be carried out by third-party entities, public or
private, contracted or indicated by the Institute.
6-The provisions of the preceding paragraphs shall be applicable to the expertise
on psychiatric issues, in which they can participate as well
specialists in psychology and criminology.
7-A psychiatric expertise may be carried out on the application of the
legal representative of the defendants, of the spouse not judicially separated
of persons and goods or of the person, of another or of the same sex, which with the
argued alive in conditions analogous to those of the spouses, of the descendants and
adopted, ascendant and adopters, or, in the absence of them, of the brothers and
their descendants.
41
Article 160.
[...]
1-[...].
2-A expertise should be dewound to specialized services, including the
social reinsertion services, or, when this is not possible or
convenient, to experts in criminology, in psychology, in
sociology or in psychiatry.
3-[...].
Article 160-The
[...]
1-The expertise referred to in Articles 152 and 160 may be carried out by
third-party entities that for so much have been contracted by who the
have to carry out, provided that those have no interest in the
decision to proclaim or link with the assistant or the accused.
2-[...].
Article 166.
[...]
1-If the document is written in foreign language, it is ordered, always
what necessary, its translation, in accordance with Article 92 (6)
2-[...].
3-[...].
Article 172.
[...]
1-[...].
2-It is correspondingly applicable to the provisions of Article 154 (2) and
in the n. the
5 and 6 of Article 156 para.
3-[ Previous Article No 2 ].
42
Article 174.
[...]
1-[...].
2-[...].
3-[...].
4-The order provided for in the preceding paragraph has a shelf life
maximum of 30 days, under penalty of nullity.
5-Thessaloniki of the requirements contained in paragraph 3 the magazines and searches
carried out by criminal police body in the cases:
a) [ Previous Article (a) of the n. 4].
b) [ Previous Article (b) of the n. 4].
c) [ Previous paragraph (c) of the n. 4].
6-[ Previous n. 5].
Article 175.
[...]
1-Before the magazine is carried out is delivered to the target, save in the cases of the
n. 5 of the previous article, copy of the order that determined it, in which it
makes mention that the one can indicate, to witness the diligence,
person of your trust and to present yourself without delonga.
2-[...].
Article 176.
Formalities of the search
1-Before the search is carried out, it is delivered, save in the cases of the n. 5 of the
article 174, to whom it has the availability of the place in which the due diligence
takes place, copy of the order that determined it, in which it is made mention
of which you can watch the due diligence and make yourself follow up or replace with
person of your trust and to present yourself without delonga.
2-[...].
43
3-[...].
Article 177.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
2-Between the ages of 21 and 7 pm, the home search can only be carried out in the
cases of:
a) Terrorism or crime especially violent or highly
organized;
b) Consent of the visage, documented by any form;
c) Flagrant offence for the practice of crime punishable by prison sentence
top, at its most, to 3 years.
3-Home searches can also be ordered by the Ministry
Public or be carried out by criminal police body:
a) In the cases referred to in Article 174 (5), between 7 and 21
hours;
b) In the cases referred to in points b) and c) of the previous number, among the
21 and to 7 hours.
4-It is correspondingly applicable to the provisions of Article 174 (6) in the
cases in which the home search is carried out by the police body
criminal without consent from the targeted and out of flagrante delicto.
5-percent Previous Article No 3 Just.
6-percent Previous Article No 4 Just.
Article 180.
[...]
1-Apprehension operated in attorney's office or in office
physician is correspondingly applicable the provisions of the n. the
5 and 6 of the
article 177 para.
2-[...].
3-[...].
44
Article 185.
Seizure of things without value, perishables, dangerous or deteriorable
1-If the apprehension respects things without value, perishable, dangerous,
deteriorable or the use of which involves loss of value or qualities, the
judicial authority may order, as the cases may be, for its sale or
earmarking the public or socially useful purpose, the measures of
conservation or maintenance necessary or their immediate destruction.
2-Unless lawful provision to the contrary, the judicial authority determines
what the form to which must obey the sale, from among those provided for in the law
civil procedural.
3-The product ascertained in the terms of the previous number reverses to the State
after deducting the expenses resulting from the guard, conservation and sale.
Article 186.
[...]
1-[...].
2-[...].
3-The persons to whom the objects are to be restituted shall be notified to
proceed to your survey within a maximum of 90 days, finite the
which they go through to bear the costs resulting from their deposit.
4-If the persons referred to in the preceding paragraph do not proceed to the
surveying within one year of the notification referred to in the
previous number, the objects are deemed to be lost in favour of the State.
5-[ Previous Article No 3 ].
Article 187.
...XX_ENCODE_CASE_One ...
1-A interception and the recording of talks or communications
telephones may only be authorised during the investigation, if any
reasons to believe that diligence is indispensable for the discovery of the
45
true or that the proof would otherwise be impossible or very difficult
of obtaining, by reasoned order of the judge and upon application
of the Public Prosecutor's Office, as to crimes:
a) [...];
b) [...];
c) From detention of prohibited weapon and arms trafficking;
d) Of contraband;
e) [...];
f) Of threat with practice of crime or abuse and simulation of signs
of danger; or
g) Of evasion, when the accused there has been condemned by some of the
crimes set out in the previous paragraphs.
2-A authorization to which you rent the previous paragraph may be requested to the judge
of the places where to eventually be able to effect the conversation or
telephone communication or the registered office of the competent entity for the
criminal investigation, dealing with the following crimes:
a) Thereof ...;
b) Kidnapping, abduction and taking of hostages;
c) Against the cultural identity and personal integrity, provided for in the
Title III of Book II of the Criminal Code, and provided for in the Criminal Law
on Violations of International Humanitarian Law;
d) Thereof ...;
e) From Previous point f) Thereof;
f) From Previous point (g) Just.
3-In cases provided for in the preceding paragraph, the authorisation is taken, on the deadline
maximum of 72 hours, to the knowledge of the judge of the process, to whom it is up
practice subsequent jurisdictional acts.
4-A interception and the recording predicted in the previous numbers can only
be authorized, regardless of the entiarity of the medium of
communication used, against:
a) Suspect or defendants;
b) Person who serves as an intermediary, for which there is
founded reasons to believe that it receives or transmits messages
46
intended for or coming from suspect or defendants; or
c) Victim of crime, upon the respective consent, effective or
presumed.
5-percent Previous Article No 3 Just.
6-A interception and the recording of talks or communications are
authorized for the maximum period of 3 months, renewable for periods
subject to the same limit, provided that they check their respective
admissibility requirements.
7-Without prejudice to the provisions of Article 248, the recording of talks or
communications may only be used in another process, in progress or the
institute, if it has resulted from interception of medium
used by person referred to in paragraph 4 and to the extent that it is
indispensable to the proof of crime provided for in paragraph 1.
8-In the cases provided for in the preceding paragraph, the technical supports of the
talks or communications and the dispatches that substantiated the
respective interceptions are together, upon dispatch of the judge, to the
process in which they should be used as a means of proof, being
extracted, if necessary, copies to the effect.
Article 188.
...XX_ENCODE_CASE_One ...
1-The criminal police body that carries out the interception and recording a
referring to the previous article lavra the corresponding auto and elabora
report in which it indicates the relevant passages for the proof, describes from
succinct mode the respective content and explains its reach to the
discovery of the truth.
2-[...].
3-The criminal police body referred to in paragraph 1 leads to the knowledge of the
Public prosecutor's office, from 15 in 15 days from the beginning of the first
interception carried out in the process, the corresponding technical supports,
as well as the respective autos and reports.
4-The Public Prosecutor's Office leads to the judge's knowledge the elements
referred to in the preceding paragraph within the maximum term of 48 hours.
47
5-To be aware of the content of the talks or communications, the judge is
coadjuved, when understanding convenient, by criminal police organ
and appoints, if necessary, interpreter.
6-Without prejudice to the provisions of paragraph 7 of the preceding Article, the judge determines the
immediate destruction of the technical supports and reports manifestly
strangers to the process:
a) To be disregarding talks in which they do not intervene
persons referred to in paragraph 4 of the previous article;
b) Which cover subjects covered by the professional secret, from
employee or state; or
c) Whose disclosure may seriously affect rights, freedoms and
guarantees;
getting all the actors linked to the duty of secrecy
relatively to the talks that they have become aware of.
7-During the investigation, the judge determines, the application of the Ministry
Public, the transcription and junction to the autos of the talks and
communications indispensable to substantiate the implementation of measures
of coating or of a patrimonial guarantee, other than the term of
identity and residence.
8-A from the closure of the survey, the assistant and the accused can
examine the technical supports of the talks or communications and
get, at your expense, copy of the parties intending to transcribe to join
to the proceedings, as well as the reports provided for in paragraph 1, to the end of the
deadlines set out to apply for the opening of the instruction or to submit the
contestation, respectively.
9-It can only be worth as proof of the talks or communications that:
a) The Public Prosecutor's Office to send transcribe to the police body
criminal who have carried out the interception and the recording and indicate
as a means of proof in the prosecution;
b) The defendants transcribe from the copies provided for in the number
previous and join the application for the opening of the instruction or the
contestation; or
c) The assistant transcribe from the copies provided in the number
previous and join the process within the deadline to apply for the
48
opening of the instruction, yet it does not require it or does not
legitimacy to the effect.
10-The court may proceed to the hearing of the recordings to determine the
correction of the transcripts already made or the junction to the autos of
new transcripts, whenever they understand it necessary to the discovery of the
truth and the good decision of the cause.
11-The people whose talks or communications have been
listened to and transcripts can examine the respective supports
technicians until the close of the trial hearing.
12-Technical supports referring to talks or communications that
are not transcribed to serve as means of proof are
tucked away in sealed envelope, to the court order, and destroyed after
the transit on trial of the decision that pits terminus to the process.
13-After the transit on trial provided for in the preceding paragraph, the supports
technicians that are not destroyed are guarded in sealed envelope,
together with the process, and can only be used in case of interposition
of extraordinary resource.
Article 189.
Extension
1-The provisions of Articles 187 and 188 shall be correspondingly applicable to the
talks or communications conveyed by any technical means
different from the phone, in particular e-mail or other
forms of transmission of data by telematics, even if
find guarded in digital support, and the interception of the
communications between gifts.
2-A obtaining and joining the autos of data on cellular or cellular localization
records of the holding of talks or communications can only be
ordered or authorized, at any stage of the proceeding, by dispatch
of the judge, as well as the crimes provided for in Article 187 (1) and in relation to the
persons referred to in paragraph 4 of the same article.
49
Article 190.
Nullity
The requirements and conditions referred to in articles 187, 188 and 189 are
established under penalty of nullity.
Article 193.
Principles of necessity, adequacy and proportionality
1-The coaction and guarantee measures to be applied in concrete
must be necessary and appropriate to the precautionary requirements that the case
apply for and commensurate with the seriousness of the crime and the sanctions that
predictably come to apply.
2-A preventive detention and the obligation to stay in housing only
can be applied when they reveal inappropriate or insufficient
the other coaction measures.
3-When couber to the case measure of deprivative coaction of freedom in the
terms of the preceding paragraph, preference shall be given to the obligation of
stay in the dwelling whenever it proves sufficient for
satisfy the cautionary requirements.
4-percent Previous Article No 3 Just.
Article 194.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
2-During the investigation, the judge may not apply a measure of coaction or of
a more serious equity guarantee than that required by the Ministry
Public, under penalty of nullity.
3-A The application referred to in paragraph 1 shall be preceded by hearing of the accused,
re-salvaged the cases of impossibility duly substantiated, and
may take place in the act of first judicial interrogation, applying
always to the hearing the provisions of Article 141 (4).
50
4-A statement of reasons for the order applying any coping measure
or of a patrimonial guarantee, except for the term of identity and
residence, contains, under penalty of nullity:
a) The description of the facts concretely imputed to the accused
including, whenever they are known, the circumstances of
time, place and mode;
b) The enunciation of the elements of the process that indict the facts
imputed, whenever its communication does not severely puser
in cause the investigation, impossible the discovery of the truth or
create danger for life, physical or psychic integrity or the
freedom of procedural participants or victims of crime;
c) The legal qualification of the imputed facts;
d) The reference to the concrete facts that fulfil the assumptions
of the application of the measure, including those provided for in Articles 193 and
204.
5-Without prejudice to the provisions of the paragraph b) from the previous number, cannot be
considered to substantiate the application to the accused of measure of
coating or of a patrimonial guarantee, other than the term of identity and
residence, any facts or elements of the process that do not
have been communicated during the hearing referred to in paragraph 3.
6-Without prejudice to the provisions of the paragraph b) of paragraph 4, the defendants and their
defender can consult the elements of the determinant process of the
application of the coaction or guarantee measure, the exception
of the term of identity and residence, during the judicial interrogation and
within the time frame for the interposition of appeal.
7-The order referred to in paragraph 1, with the warning of the consequences of the
non-compliance with the obligations imposed, it is notified to the accused.
8-In the case of pretrial detention, the dispatch is communicated immediately to the
defender and, whenever the accused intends him, the relative or the person of the
your trust.
51
Article 198.
[...]
1-[ Previous body of the article ].
2-A The periodic presentation obligation can be cumulated with any
another measure of coaction, with the exception of the obligation to remain
in housing and preventive detention.
Article 199.
Suspension of the exercise of profession, function, activity and rights
1-If the imputed crime is punishable with imprisonment of higher maximum
at 2 years, the judge may impose on the accused, cumulatively, if that is
case, with any other measure of coaction, the suspension of the exercise:
a) Of profession, function or activity, public or private;
b) [ Previous paragraph (c) ].
where the interdiction of the respective exercise may turn out to be
decreed as an effect of the imputed crime.
2-When referring to public function, the profession or activity whose
exercise depends on a public title or a permit or
approval of the public authority, or the exercise of rights
provided for in paragraph b) from the previous number, the suspension is communicated to the
administrative, civil or judicial authority normally competent
to enact the respective suspension or interdiction.
Article 200.
Prohibition and imposition of pipelines
1-If there are strong evidence of punishable felony practice punishable by
imprisonment of most more than 3 years, the judge may impose on the accused,
cumulatively or separately, the obligations of:
a) Thereof ...;
b) Thereof ...;
52
c) Thereof ...;
d) Do not contact, by any means, with certain persons or
not to attend certain places or certain means;
e) Do not acquire, do not use or, within the time limit set, deliver
weapons or other objects and utensils that they hold, capable of
facilitate the practice of another crime;
f) If subjecting, upon prior consent, the processing of
dependency that padeça and there is favored the practice of crime,
in appropriate institution.
2-percent ... ago.
3-percent ... ago.
Article 201.
...XX_ENCODE_CASE_One ...
1-If it considers inappropriate or insufficient, in the case, the measures
referred to in the previous articles, the judge may impose on the accused the obligation
of not being absent, or of not absent without authorization, from housing
own or another in which of the moment it resides, if there are strong indications
of felony felony practice punishable with maximum prison sentence
higher than 3 years.
2-A The obligation to remain in the dwelling is cumulable with the obligation
of not contacting, by any means, with certain persons.
3-For monitoring the fulfilment of the obligations referred to in the figures
previous, technical means of remote control can be used,
on the terms provided for in the law.
Article 202.
...XX_ENCODE_CASE_One ...
1-If it considers inappropriate or insufficient, in the case, the measures
referred to in the previous articles, the judge may impose on the accused the arrest
preventive when:
53
a) There are strong indications of doleful crime practice punishable by
prison term of a maximum of more than 5 years;
b) There are strong indications of the practice of felony crime of terrorism,
violent or highly organized crime punishable with pity
of imprisonment of a maximum of more than 3 years; or
c) [ Previous point (b) ].
2-percent ... ago.
Article 203.
[...]
1-[ Previous body of the article ].
2-The judge may impose pretrial detention under the terms of the preceding paragraph,
when the accused does not comply with the obligation to remain in the dwelling,
even if the crime kayba prison sentence of maximum equal or lower than
5 and more than 3 years.
Article 204.
...XX_ENCODE_CASE_One ...
No coaction measure, other than that provided for in Article 196, may
be applied if in concrete if not check, at the time of application of the
measure:
a) [...];
b) [...];
c) Danger, on the grounds of the nature and circumstances of the crime or of the
personality of the accused, of which this continues the activity
criminal or severely disrupts order and tranquility
public.
54
Article 212.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
2-percent ... ago.
3-percent ... ago.
4-A revocation and the replacement provided for in this article take place
officiously or at the request of the Public Prosecutor's Office or the accused,
owing to these being heard, save in the cases of impossibility
duly substantiated. If, however, the judge judges the application of the
argued manifestly unfounded, condemns it to the payment of a
sum between 6 UC and 20 UC.
Article 213.
Re-examination of the assumptions of pretrial detention and the obligation to
stay in housing
1-The judge officiously proceeds to the reexamination of the prison's assumptions
preventive or the obligation to remain in the dwelling, deciding whether
they are to maintain or should be replaced or revoked:
a) Within the maximum period of 3 months, from the date of its application or
of the last review; and
b) When in the process they are given dispatch of charge or of
pronunciation or decision that you know, the final, of the subject matter of the case
and do not determine the extinction of the applied measure.
2-In the decision referred to in the preceding paragraph, or where necessary,
the judge checks the grounds of the lifting of jail time limits
preventive or the obligation to remain in the dwelling, on the terms and
for the effects of the provisions of the n. the
2, 3 and 5 of Article 215, and in paragraph 3 of the
article 218.
3-percent ... ago.
4-A-The end of substantiating decisions on maintenance, replacement or
revocation of pretrial detention or the obligation to remain in the
55
housing, the judge, officiously or at the request of the Public Prosecutor's Office
or from the accused, may request the elaboration of expertise on the
personality and social reporting or information of the services of
social reinsertion, provided that the accused conspicuously in its realization.
5-A decision that maintains preventive detention or the obligation to
stay in housing is likely to appeal in the general terms,
but does not determine the supervenient inutility of interposed resource of
prior decision making that there is applied or maintained the measure in question.
Article 214.
...XX_ENCODE_CASE_One ...
1-The coaction measures extinguish immediately:
a) With the archiving of the survey;
b) With the prowling of the dispatch of non-pronunciation;
c) With the prolation of the order rejecting the charge, pursuant to the
point ( a) of Article 311 (2);
d) Thereof ...;
e) ...XX_ENCODE_CASE_One ... ......
2-The measures of preventive arrest and obligation to remain in the
housing extinguished equally immediately when it is delivered
sentencing sentence, even if it has been appealing, if the
applied penalty is not superior to imprisonment or to the obligation to remain already
suffered.
3-percent ... ago.
4-percent ... ago.
Article 215.
...XX_ENCODE_CASE_One ...
1-A preventive arrest extinguishes itself when, from its inceptive, they have
elapsed:
a) 4 months without any charge being deducted;
56
b) 8 months without which, taking place the instruction, has been delivered
instructional decision;
c) 1 year and 2 months without there having been conviction in the first
instance;
d) 1 year and 6 months without there has been conviction with transit in
judged.
2-The time limits 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
if proceeding with a crime punishable with maximum imprisonment of higher than
8 years, or by crime:
a) Thereof ...;
b) Thereof ...;
c) Thereof ...;
d) Thereof ...;
e) From bleaching of advantages of illicit provenance;
f) Thereof ...;
g) ...XX_ENCODE_CASE_One ... ......
3-The time limits 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 for one of the crimes referred to in the preceding paragraph and if
reveal of exceptional complexity, due in particular to the
number of defendants or of offending or to the highly organized character
of the crime.
4-A exceptional complexity as referred to in this article only
can be declared during the first instance, by dispatching
reasoned, officiously or at the request of the Public Prosecutor's Office,
heard the accused and the assistant.
5-percent Previous Article No 4 Just.
6-In the event that the accused was sentenced to prison sentence in first
instance and the sentencing sentence has been confirmed at the headquarters of
ordinary resource, the maximum term of the remand amount rises to
half the penalty that has been fixed.
57
7-A The existence of various prosecutions against the accused for practiced crimes
before you have been applied for preventive detention does not allow to exceed the
deadlines set out in the preceding paragraphs.
8-In the count of the maximum duration of the pretrial prison term are
included the periods in which the accused has been subject to obligation
of permanence in housing.
Article 216.
...XX_ENCODE_CASE_One ...
The course of time limits provided for in the preceding article shall be suspended in the event of
the accused's disease that impose hospital internment, if its presence
is indispensable to the continuation of investigations.
Article 217.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
2-percent ... ago.
3-When to consider that the release of the accused can create danger to the
offended, the court informs him of the date on which the release will take place.
Article 218.
[...]
1-[...].
2-To the extent of coaction provided for in Article 200 is correspondingly
applicable the provisions of Articles 215 and 216.
3-[...].
Article 219.
...XX_ENCODE_CASE_One ...
58
1-Only the defendants and the Public Prosecutor's Office for the benefit of the accused can
interchange appeal of the decision that applies, maintain or replace measures
provided for in this title.
2-There is no litigation or case-to-case relationship between the appeal
provided for in the preceding paragraph and the providence of habeas corpus ,
regardless of the respective grounds.
3-A Decision dismising the application, revoking or declaring extinct the
measures provided for in this title is irrecurrable.
4-The appeal is judged within a maximum of 30 days from the time in
that the autos are received.
Article 225.
...XX_ENCODE_CASE_One ...
1-Who has suffered detention, pretrial detention or obligation to
stay in housing may require, before the competent court,
compensation of the damage suffered when:
a) The deprivation of liberty is illegal under the terms of paragraph 1 of the article
220. or of Article 222 (2);
b) The deprivation of liberty if it has due to gross error in the
appreciation of the de facto assumptions that it depended on; or
c) If it proves that the accused was not an agent of the crime or acted on
justifiably.
2-In cases of the points b) and c) of the previous number the duty to indemnify
cessa if the accused has competed, by dolo or negligence, for the
deprivation of your freedom.
Article 242.
[...]
1-[...].
2-[...].
3-When referring to crime whose procedure depends on complaint or from
particular charge, the complaint only gives way to enquiry if
59
the complaint is filed within the legally prescribed time frame.
Article 243.
[...]
1-[...].
2-[...].
3-The news self is mandatorily referred to the Public Prosecutor's Office in the
shorter term, which cannot exceed 10 days, and is worth as a complaint.
4-[...].
Article 245.
[...]
The complaint made to the diverse entity of the Public Prosecutor's Office is transmitted to
this one in the shortest term, which cannot exceed 10 days.
Article 246.
Form, content and species of complaints
1-[...].
2-[...].
3-[...].
4-[...].
5-A anonymous tip-off may only determine the opening of inquiry if:
a) Of her withdrawing hints from the practice of crime; or
b) Constitute crime.
6-In cases provided for in the preceding paragraph, the judicial authority or organ
of competent criminal police inform the holder of the right of complaint
or participation of the existence of the complaint.
7-When the anonymous complaint does not determine the opening of inquiry, the
competent judicial authority promotes its destruction.
60
Article 247.
Communication, registration and certificate of the complaint
1-The Public Prosecutor's Office informs the offending of the news of the crime, always
who has reason to believe that he does not know her.
2-[ Previous Article No 1 ].
3-[ Previous Article No 2 ].
Article 248.
[...]
1-The criminal police organs that have news of a crime, by
knowledge of its own or upon denunciation, transmit it to the
Prosecutor's Office in the shortest term, which cannot exceed 10 days.
2-Applies the provisions of the previous number to crime news
manifestly unfounded that hajam was transmitted to the organs of
criminal police.
3-[ Previous Article No 2 ].
Article 251.
...XX_ENCODE_CASE_One ...
1-In addition to the cases provided for in Article 174 (5), the organs of
criminal police can proceed, without prior authorization from the authority
judicial:
a) Thereof ...;
b) To the magazine of people who have to participate or wish to
assist in any procedural act or that, in the quality of
suspects, should be conducted the police post, whenever
there are reasons to believe that they conceal weapons or other objects with
to which they can practice acts of violence.
2-It is correspondingly applicable to the provisions of Article 174 (6)
61
Article 254.
...XX_ENCODE_CASE_One ...
1-A The arrest to which the following articles are referred is carried out:
a) [...];
b) To ensure the immediate presence or, not being possible, in the most
short term, but without ever exceeding 24 hours, from the detainee before the
judicial authority or criminal police act in procedural act.
2-[...].
Article 257.
[...]
1-Out of flagrant offence, detention can only be carried out, by warrant
of the judge or, in cases where it is admissible preventive imprisonment, of the
Prosecutor's Office, when there are founded reasons to consider that
the target if it would not present spontaneously before authority
judicial at the time of time being fixed.
2-[...].
Article 260.
[...]
It is correspondingly applicable to the detention the provisions of paragraph 2 of the article
192. and in Article 194 (8)
Article 269.
[...]
1-During the investigation competes exclusively with the judge of instruction
order or authorize:
a) The efectivation of expertise, in accordance with Article 154 (2);
b) The effectivation of examinations, in accordance with Article 172 (2);
c) [ Previous point (a) ];
62
d) [ Previous point (b) ];
e) [ Previous paragraph (c) ];
f) [ Previous point (d) ].
2-[...].
Article 270.
[...]
1-[...].
2-Except for the provisions of the preceding paragraph, in addition to the acts that are of the
exclusive jurisdiction of the judge of instruction, pursuant to Articles 268 para.
and 269, the following acts:
a) [...];
b) [...];
c) Watch the examination likely to offend the pudor of the person, in the
terms of the second part of paragraph 3 of the artigo172.
d) Order or authorize magazines and searches, in the terms and limits of the
n. os
3 and 5 of Article 174;
e) [...].
3-[...].
4-Without prejudice to the provisions of paragraph 2, paragraph 3 (3) of the Article 58 of the
article 243 and in Article 248 (1), the delegation referred to in paragraph 1
may be carried out by dispatching of a generic nature indicating the
types of crime or the limits of penalties applicable to crimes in
research.
Article 271.
[...]
1-In the event of serious illness or displacement to the foreigner of a
witness, who predictably prevents her from being heard on trial,
as well as in cases of the victim of a crime of human trafficking or against the
freedom and sexual self-determination, the judge of instruction, the application
of the Public Prosecutor's Office, the defendant, the assistant or the civil parties, may
63
proceed to your respondent in the course of the investigation in order that the
testimony can, if necessary, be taken into account in the trial.
2-In the case of prosecution for crime against freedom and self-determination
sexual of minor, always proceeds to the respondent of the offence in the course
of the survey, as long as the victim is not even greater.
3-To the Public Prosecutor's Office, the accused, the defender and the lawyers of the
assistant and the civil parties are communicated the day, the time and the place of the
provision of the testimony so that they may be present, being
compulsory the comparency of the Public Prosecutor's Office and the defender.
4-In cases provided for in paragraph 2, the making of statements is carried out in
informal and reserved environment with a view to ensuring, inter alia, the
spontaneity and the sincerity of the answers, owing the least to
assisted in the course of the procedural act by a technician especially
enabled for your follow-up, previously assigned to the
effect.
5-A respondents are made by the judge, and may then the Public Prosecutor's Office,
attorneys for the assistant and the civil parties and the defender, for this
order, formulate additional questions.
6-It is correspondingly applicable to the provisions of Articles 352, 356,
363. and 364.
7-[ Previous Article No 4 ].
8-A outlet of statements in the terms of the previous figures no
undermines the provision of testimony at a trial hearing,
whenever it is possible and does not puser into a cause of physical health or
psych of person who should pay him.
Article 272.
[...]
1-Running inquiry against determined person in relation to which there is
suspicion founded from the practice of crime it is mandatory to interrogate it as
defendants, unless it is not possible to notify it.
2-[...].
3-[...].
64
4-[...].
Article 273.
[...]
1-[...].
2-[...].
3-If the warrant refers to the assistant or whistleblower with the
faculty of constituting an assistant represented by counsel, this is
informed of the realization of the due diligence for, wanting, to be present.
4-[ Previous Article No 3 ].
Article 276.
[...]
1-[...].
2-[...].
3-[...].
4-The titular magistrate of the process communicates to the hierarchical superior
immediate violation of any period provided for in the n. the
1 and 2 or in paragraph 6
of Article 89, indicating the reasons that explain the delay and the period
required to complete the enquiry.
5-In cases referred to in the preceding paragraph, the hierarchical superior may
avocate the process and always give notice to the Attorney General of the
Republic, the defendants and the assistant of the breach of the period and period
required to complete the enquiry.
6-Received the communication provided for in the preceding paragraph, the Prosecutor-
General of the Republic may determine, officiously or the application
of the accused or the assistant, the procedural acceleration in the terms of the article
109.
65
Article 278.
[...]
1-Within 20 days of the date on which the opening of instruction already
may not be required, the immediate superior of the magistrate
of the Public Prosecutor's Office may, either by its initiative or the application of the
assistant or whistleblower with the faculty of constituting an assistant,
determine that it is formulated charge or that investigations
proceed, indicating, in this case, the representations to be made and the deadline for
your fulfillment.
2-The assistant and whistleblower with the faculty of constituting assistant
may raise hierarchical intervention, under the previous number,
within the deadline to require the opening of instruction.
Article 281.
[...]
1-If the crime is punishable with a prison sentence not more than five years or
with sanction other than imprisonment, the Public Prosecutor's Office, officiously or the
application of the accused or the assistant, determines, with the
concordance of the judge of instruction, the suspension of the proceedings, upon
imposition to the accused of injunctions and rules of conduct, whenever if
check the following assumptions:
a) [...];
b) Absence of previous conviction for a crime of the same nature;
c) Absence of previous application of provisional suspension of
process for crime of the same nature;
d) [ Previous paragraph (c) ];
e) Absence of a high degree of guilt;
f) [ Previous point (e) ].
2-Are opponents to the accused, cumulatively or separately, the following
injunctions and rules of conduct:
a) [...];
b) [...];
66
c) Handing over to the State or private institutions of solidarity
social certain amount or carry out service provision of interest
public;
d) Reside in a given place;
e) Attend certain programmes or activities;
f) [ Previous point (d) ];
g) [ Previous point (e) ];
h) [ Previous point f) ];
i) [ Previous point (g) ];
j) Do not attend certain associations or participate in certain
meetings;
l) [ Previous point ( h) ];
m) [ Previous point (i) ].
3-[...].
4-[...].
5-[...].
6-In proceedings for the crime of domestic violence not aggravated by the
result, the Public Prosecutor's Office, upon free application and
enlightened from the victim, determines the provisional suspension of the process,
with the concordance of the judge of instruction and the accused, provided that
check the assumptions of the points b) and c) of paragraph 1.
7-In proceedings for crime against the freedom and sexual self-determination of
minor not aggravated by the result, the Public Prosecutor's Office, having in
account for the interest of the victim, determines the provisional suspension of the
process, with the concordance of the judge of instruction and the accused, since
that if you check the assumptions of the points (s) b) and c) of paragraph 1.
Article 282.
[...]
1-A suspension of the process can go up to 2 years, with the exception of the willing
in paragraph 5.
2-[...].
3-If the accused complies with the injunctions and rules of conduct, the Ministry
67
Public archives the process, it cannot be reopened.
4-The process proceeds and the benefits made shall not be repeated:
a) If the accused does not comply with the injunctions and rules of conduct; or
b) If, during the period of suspension of the process, the accused commit
crime of the same nature for which it comes to be condemned.
5-In cases provided for in paragraphs 6 and 7 of the preceding Article, the duration of the
suspension can go up to 5 years.
Article 285.
[...]
1-[...].
2-The Public Prosecutor's Office indicates, in the notification provided for in the preceding paragraph,
whether sufficient evidence was collected from the verification of the crime and of
who were your agents.
3-[ Previous Article No 2 ].
4-[ Previous Article No 3 ].
5-The Public Prosecutor's Office decides itself for the filing of the survey always
that, upon reasoned dispatch, do not follow up the charge sheet
particular, in the terms of the previous number.
Article 286.
[...]
1-[...].
2-[...].
3-There is no place for instruction in the special process forms.
Article 287.
[...]
1-A The opening of the instruction may be required, within 20 days of counting
of the notification of the prosecution or of the filing:
a) [...];
68
b) [...];
c) By the assistant, regarding facts by which there is deduced
particular charge, when the Public Prosecutor's Office has determined
the filing of the inquiry, pursuant to Article 285 (5)
2-[...].
3-In the case provided for in paragraph c) of paragraph 1, the assistant may limit itself, in the
application, to refer to the particular charge it deduced.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-[ Previous Article No 5 ].
7-The provisions of Article 113 (12) shall apply.
Article 289.
[...]
1-[...].
2-The Prosecutor's Office, the accused, the defender, the assistant and his / her
lawyer can attend the acts of instruction by any of them
required and raise requests for clarification or require them to be
formulated the questions that we understand relevant to the discovery of the
true.
Article 291.
[...]
1-Acts of instruction shall be carried out by the order that the judge repute more
convenient for the clearance of the truth. The judge indefere the acts
required that you understand not to interest the instruction or to serve only
to stall the progress of the process and practise or order officialness
those who consider useful.
2-From the order provided in the preceding paragraph falls only to claim, being
irrecursible the dispatch that decides it.
3-[ Previous Article No 2 ].
4-[ Previous Article No 3 ].
69
Article 296.
[...]
The proofs of evidence carried out in an act of instruction are documented,
upon recording or reduction to auto, being joined to the process the
applications submitted by the prosecution and the defence at this stage, well
as any relevant documents for consideration of the cause.
Article 302.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-It is admissible to replica succinct, to exercise at one time, however, being
always the defender, if you ask for the word, the last one to speak.
Article 303.
[...]
1-Whether the acts of instruction or the instructional debate result in no change
substantial of the facts described in the prosecution of the prosecutor's office or the
assistant, or in the application for the opening of the instruction, the judge,
officiously or the application, communicates the amendment to the defender,
interrogates the accused about her whenever possible and grants her, the
application, a time frame for preparation of the defence not exceeding 8 days,
with the consequent postponement of the debate, if necessary.
2-[...].
3-A substantial change in the facts described in the prosecution or the
application for opening of the statement cannot be taken into account
by the court for the effect of pronunciation in the ongoing process, nor
implies the extinction of the instance.
70
4-A communication of the substantial change in facts to the Public Prosecutor's Office
is worth as a complaint for it to proceed by the new facts, if these
are autonomizable in relation to the object of the process.
5-The provisions of paragraph 1 shall be correspondingly applicable when the judge
change the legal qualification of the facts described in the prosecution or in the
application for the opening of the instruction.
Article 310.
[...]
1-A The instructional decision to pronounce the accused by the constant facts of the
prosecution of the Public Prosecutor's Office, formulated in accordance with Article 283 or
of Article 285 (4), is irrecurrable, even in the part where to appreciate
nullities and other prior or incidental issues, and determines the shipment
immediate from the autos to the competent court for the trial.
2-The provisions of the preceding paragraph shall be without prejudice to the jurisdiction of the court
of judgment to exclude prohibited evidence.
3-[ Previous Article No 2 ].
Article 311.
[...]
1-[...].
2-If the process has been remitted for trial without having been
instruction, the president dispatches in the sense:
a) [...];
b) From not accepting the prosecution of the Assistant or the Public Prosecutor's Office
in the part where it represents a substantial change of the
facts, in accordance with Article 284 (1) and paragraph 4 of the article
285., respectively.
3-[...].
71
Article 312.
[...]
1-[...].
2-[...].
3-[...].
4-The court must mark the date of the hearing so as to avoid the
overlap with other legal acts to which lawyers or
advocates have an obligation to attend, applying the willing
in Article 155 of the Code of Civil Procedure.
Article 315.
[...]
1-The accused, in 20 days from the notification of the dispatch designating
day for the hearing, presents, wanting, the contestation, accompanied
of the rol of witnesses. The provisions of Article 113 (12) shall apply.
2-[...].
3-[...].
4-[...].
Article 326.
[...]
If the lawyers or defenders, in their claims or requirements:
a) [...];
b) [...];
c) [...];
d) [...].
are cautioned with urbanity by the president of the court; and if,
after adverts, continue, can that draw them the word,
being applicable in this case the provisions of the law of civil procedure.
72
Article 328.
[...]
1-[...].
2-[...].
3-The adjournment of the hearing is only admissible, without prejudice to the rest
cases provided for in this Code, when, not being the simple interruption
quite a lot to remove the obstacle:
a) Skipping or making it impossible to participate in person who can't
be immediately replaced and the presence of which is indispensable by
force of the law or order of the court, except if they are
gifts other persons, in which case you will proceed
respondent or hearing, even if this implies the amendment of the
proof of production order referred to in Article 341;
b) [...];
c) [...];
d) [...].
4-In the event of an interruption of the hearing or of its postponement, the hearing
resumes from the last procedural act practiced at the hearing
interrupted or postponed.
5-A interrupt and the adjournment always depend on dispatch
reasoned from the President who is notified to all subjects
procedural.
6-[...].
7-[...].
Article 331.
[...]
1-[...].
2-If the president, officiously or the application, decides, by dispatch,
that the presence of some of the persons mentioned in the preceding paragraph is
indispensable to the good decision of the cause and it is not foreseeable to obtain the
your turnout with the simple interruption of the hearing, are
73
surveyed the witnesses and ears the assistant, the experts or
technical advisors or the civil parties present, even if this implies
the amendment of the proof production order referred to in Article 341.
3-[...].
4-[...].
Article 334.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[ Previous Article No 7 ].
Article 336.
[...]
1-[...].
2-As soon as he presents himself or is detained, the accused is subjected to the term of
identity and residence, without prejudice to other coaction measures,
observing the provisions of the n. the
2, 4 and 5 of Article 58 para.
3-[...].
Article 345.
[...]
1-[...].
2-[...].
3-[...].
4-Can't be worth as a means of proof the statements of a co-defendant
in injury to another co-defendants when the declarant refuses to
respond to the questions formulated in the terms of the n. the
1 and 2.
74
Article 355.
[...]
1-[...].
2-Ressalwere from the provisions of the preceding paragraph the evidence contained in
procedural acts whose reading, visualization or hearing in hearing
are permitted, in the terms of the following articles.
Article 356.
[...]
1-[...].
2-[...].
3-It is also permitted to read statements previously provided
before the judge:
a) [...];
b) When there are, among them and those made in hearing, contradictions
or discrepancies.
4-[...].
5-[...].
6-[...].
7-[...].
8-A view or the hearing of recordings of procedural acts is only
permitted when the for the reading of the respective self in the terms of the
previous numbers.
9-A permission from a reading, visualization or hearing and its justification
legal stay the record on the minutes, under penalty of nullity.
Article 357.
[...]
1-A The reading of statements previously made by the accused is only allowed:
a) [...];
75
b) When, having been made before the judge, there are contradictions or
discrepancies between them and those made at a hearing.
2-It is correspondingly applicable to the provisions of paragraphs 7 a to 9 of the article
previous.
Article 359.
[...]
1-A substantial change in the facts described in the prosecution or in the
pronunciation may not be taken into account by the court for the purpose of
conviction in the ongoing process, nor does it imply the extinction of the instance.
2-A communication of the substantial change in facts to the Public Prosecutor's Office
is worth as a complaint for it to proceed by the new facts, if these
are autonomizable in relation to the object of the process.
3-[ Previous Article No 2 ].
4-[ Previous Article No 3 ].
Article 363.
Documentation of oral statements
The statements given orally at the hearing are always documented
in the minutes, under penalty of nullity.
Article 364.
Form of documentation
1-A The documentation of the statements given orally at the hearing is
carried out, as a rule, by means of magnetofonic or audiovisual recording,
without prejudice to the use of stenographical or stenotypic means, or
of other idoidal technical means to ensure full reproduction
of those. It is correspondingly applicable to the provisions of the n. the
2 and 3 of the
article 101 °
2-When there is place the magnetofonic or audiovisual recording, it must be
consignment in the minutes the beginning and the end of the recording of each statement.
76
Article 370.
[...]
1-[...].
2-Regardless of request, the social reinsertion services
may send to the court, when the accompanist of the accused the
advising, the social report or the respective update.
3-[...].
4-[...].
Article 372.
[...]
1-[...].
2-Then, the sentence is signed by all the judges and the jurors and,
if any of the judges sign won, it accurately declares the motives of the
your vote.
3-[...].
4-[...].
5-[...].
Article 380.
[...]
1-[...].
2-[...].
3-The provisions of the preceding paragraphs are correspondingly applicable to the
remaining decisive acts provided for in Article 97.
Article 381.
[...]
1-Are adjudicated in summary proceedings those arrested in flagrante delicto, in the
77
terms of the articles 255 and 256, by crime punishable by imprisonment
whose maximum limit is not more than 5 years, even in case of
competition for offences:
a) When the detention has proceeded with any judicial authority
or police entity; or
b) When the detention has been carried out by another person and, in a
term not exceeding 2 hours, the detainee has been handed over to a
of the entities referred to in the preceding paragraph, having this drawn up self
summary of delivery.
2-Are still adjudicated in summary proceedings, pursuant to the preceding paragraph,
those arrested in flagrante delicto for crime punishable by prison sentence of
maximum limit of more than 5 years, even in case of a contest of
offences, when the prosecutor's office, on the charge, understands that not
must be applied, in concrete, a prison sentence of more than 5 years.
Article 382.
[...]
1-A judicial authority, if it is not the Public Prosecutor's Office, or the entity
officer who have proceeded to detention or to whom it has been
carried out the delivery of the detainee, present-in, immediately or at the most
short term possible, to the Public Prosecutor's Office with the competent court
for the trial.
2-The Public Prosecutor's Office, after summarily interrogating the accused,
presents him immediately, or in the shortest possible time, to the court
competent for the trial.
3-If you have reason to believe that the trial hearing cannot be held
start within 48 hours after detention, the Public Prosecutor's Office releases
immediately the accused, subjecting him, if this is the case, to the term of
identity and residence, or present it to the judge for the purpose of application
of a coaction or equity guarantee measure.
78
Article 385.
Release of the accused
1-If the presentation to the judge does not take place in an act followed by the arrest in
blatant offence, the accused only remains detained if there is reason to believe
who will not present himself spontaneously before the judicial authority
on the deadline set.
2-In any case, the accused is immediately released when he concludes
that it cannot be submitted to judge within 48 hours.
3-In the case of release in the terms of the preceding paragraphs, the organ of
criminal police subject to the defendants ' term of identity and residence and
notifies you to appear before the Public Prosecutor's Office, on the day and time
that they are assigned, to be submitted:
a) The trial hearing in summary proceedings, with the
warning that this one will perform, even if it does not compare,
being represented by advocate; or
b) The first judicial interrogation and eventual application of measure
of coating or of equity guarantee.
Article 386.
General principles of judgment
1-The judgment in summary proceedings regulates the provisions of this
Code relating to the trial by natural court, with the
constant modifications of this title.
2-The acts and terms of the trial are reduced to the indispensable minimum
to the knowledge and good decision of the cause.
Article 387.
Hearing
1-The start of the trial hearing in summary proceedings takes place in the
maximum term of 48 hours after detention.
2-The beginning of the hearing can be postponed:
79
a) Up to the limit of the 5. day after the arrest, when there is
interposition of one or more non-working days within the time frame provided for in the
previous number;
b) Up to the limit of 30 days, if the accused request that deadline to
preparation of your defence or if the court, officiously or the
application from the Public Prosecutor's Office, consider necessary that if
proceed to any representations of evidence essential to the discovery of the
true.
3-If the hearing is postponed, the judge warns the defendants that this if
will perform on the designated date, even if it does not compare, being
represented by defender.
4-If witnesses are missing that the Public Prosecutor's Office, the Assistant or the
defendants do not prescind, the hearing is not postponed, the respondents being asked
witnesses present by the order indicated in the subparagraphs b) and c) of the article
341., without prejudice to the possibility of changing the rol presented.
Article 389.
[...]
1-[...].
2-[ Previous Article No 3 ].
3-[ Previous Article No 4 ].
4-[ Previous Article No 5 ].
5-[ Previous Article No 6 ].
6-[ Previous Article No 7 ].
Article 390.
Referral to another form of process
The court only refers the autos to the Public Prosecutor's Office for tramping under
another procedural form when:
a) If you check the inadmissibility, in the case, of the summary process;
b) They have not been able, for duly justified reasons, to perform-
if, within the maximum period provided for in Article 387, the representations of
80
prove necessary to the discovery of the truth; or
c) The procedure proves to be of exceptional complexity, due,
notably, to the number of defendants or offending or to the
highly organized character of the crime.
Article 391-The
[...]
1-In case of a crime punishable with penalty of fine or with penalty of imprisonment do not
greater than 5 years, and there is simple and evident evidence that it results
sufficient evidence to have verified the crime and who its
agent, the Public Prosecutor's Office, in the face of the news self or after carrying out
summary inquiry, deduct prosecution for trial in proceedings
abbreviated.
2-Are still adjudicated in abbreviated proceedings, in the terms of the number
previous, the crimes punishable with maximum limit imprisonment
greater than 5 years, even in the case of an infringement procedure, when the
Prosecutor's Office, on the charge, understand that it should not be enforced, in
concrete, penalty of imprisonment of more than 5 years.
3-[ Previous Article No 2 ].
4-For the purposes of the provisions of paragraph 1, it is considered that there is simple evidence and
evident when, inter alia:
a) The agent has been detained in flagrante delicto and the trial not
can be carried out in the form of summary process;
b) The proof is essentially documentary and can be collected in the
deadline provided for the deduction of the charge; or
c) The proof rests on presential witnesses with uniform version
of the facts.
Article 391-B
Prosecution, archiving and suspension of proceedings
1-[...].
2-A The charge is deducted within 90 days of the:
81
a) Acquisition of the news of the crime, pursuant to the provisions of the article
241., dealing with public crime; or
b) Submission of complaint, in the remaining cases.
3-[ Previous Article No 2 ].
4-It is correspondingly applicable in abbreviated proceedings the willing us
articles 280 to 282.
Article 391-C
Sanitation of the process
1-Received the autos, the judge knows of the issues referred to in the article
311.
2-If it does not reject the charge, the judge designates day for hearing, with
precedence over judgments in common process, without prejudice to the
priority to confer on urgent processes.
Article 391-D
Hearing
Trial hearing in abbreviated proceedings commenced within 90
days to count from the deduction of the charge.
Article 391-And
[...]
1-[...].
2-[ Previous Article No 3 ].
3-A sentence is soon prowound verbally and dictated to the minutes.
Article 392.
[...]
1-In case of a crime punishable with a prison sentence not exceeding 5 years or
only with penalty of fine, the Public Prosecutor's Office, on the initiative of the accused or
82
after having heard it and when to understand that to the case it should be
concretely applied penalty or non-custodial security measure of the
freedom, it requires the court that the application take place in proceedings
sumarest.
2-[...].
Article 393.
[...]
It is not allowed, in summary process, the intervention of civil parties,
without prejudice to the possibility of application of the provisions of Article 82.
Article 394.
[...]
1-[...].
2-The application ends with the precise indication by the Ministry
Public:
a) Of the specifically proposed sanctions;
b) Of the exact amount to be allocated for redress, under the terms of the
provisions of Article 82, when this should be applied.
Article 395.
[...]
1-The judge rejects the application and reshape the process to another form that
to kayba:
a) When the procedure is legally inadmissible;
b) When the application is manifestly unfounded, on the terms
of the provisions of Article 311 (3);
c) When to understand that the proposed sanction is manifestly
unceptible to carry out properly and sufficient the
purposes of the punishment.
2-In the case provided for in paragraph c) of the previous number, the judge may, in
83
alternative to the referral of the process to another form, fix sanction
different, in its kind or measure, of the proposal by the Public Prosecutor's Office,
with the concordance of this and the accused.
3-If the judge resubmit the proceeding to another form, the application of the
Public prosecutor's office amounts, in all cases, to the prosecution.
4-[...].
Article 398.
[...]
1-If the accused deducts opposition, the judge orders the referral of the case to
another form that fits you, equating to the prosecution, in all cases, the
application from the Public Prosecutor's Office formulated pursuant to the article
394.
2-Ordinated the referral, the accused is notified of the charge, as well as for
require, in the event that the process follows the common form, the opening of
instruction.
Article 400.
[...]
1-It is not permissible to appeal:
a) [...];
b) [...];
c) Of judgments delivered, in appeal, by the relationships that do not
meet, the final, the subject matter of the case;
d) Of absolute judgments delivered, in appeal, by the relations,
that confirmed decision of 1ª instance;
e) Of judgments delivered, in appeal, by the relations, which apply
penalty of fine or jail term of not more than 5 years;
f) Of sentencing judgments delivered, in appeal, by the relations,
which confirm decision of 1 th instance and apply prison sentence
not more than 8 years;
g) [...].
84
2-[...].
3-Even if it is not admissible to appeal as to the criminal matter, it may be
interposed appeal of the part of the sentence relating to civil indemnity.
Article 402.
[...]
1-[...].
2-[...].
3-The appeal brought only against one of the defendants, in cases of
comparticipation, does not harm the remaining.
Article 403.
[...]
1-[...].
2-For the purpose of the provisions of the preceding paragraph, it shall be autonomous, inter alia,
the part of the decision that is to be referred to:
a) The criminal matter;
b) The civil matter;
c) [ Previous point (b) ];
d) [ Previous paragraph (c) ];
e) [ Previous point (d) ];
f) [ Previous point (e) ];
3-[...].
Article 404.
[...]
1-[...].
2-The subordinate resource is interposed within 20 days, counted from the date
of the notification referred to in Article 411 (6) and (7).
3-[...].
85
Article 407.
[...]
1-Sober immediately the resources whose retention would render them
absolutely useless.
2-Also immediately rise the interposed resources:
a) [ Previous Article (a) of paragraph 1 ];
b) [ Previous Article (b) of paragraph 1 ];
c) [ Previous Article (c) of paragraph 1 ];
d) [ Previous Article (d) of paragraph 1 ];
e) [ Previous Article (e) of paragraph 1 ];
f) [ Previous Article (f) of paragraph 1 ];
g) [ Previous Article (g) of paragraph 1 ];
h) [ Previous Article (h) of paragraph 1 ];
i) [ Previous Article (i) of paragraph 1 ];
j) [ Previous Article (j) of paragraph 1 ].
3-[...].
Article 408.
[...]
1-[...].
2-[...].
3-The resources provided for in paragraph 1 of the preceding Article shall have suspensive effect of the
process when they depend on the validity or effectiveness of the acts
subsequent, suspending the decision appeasing in the remaining cases.
Article 409.
[...]
1-[...].
2-A prohibition set out in the preceding paragraph shall not apply to aggravation
of the amount fixed for each day of fine, if the economic situation and
financial of the accused has meanwhile improved in a sensitive manner.
86
Article 411.
[...]
1-The deadline for interposition of the resource is 20 days and counts:
a) As of the notification of the decision;
b) Dealing with sentence, of the respective deposit in the Registry;
c) Dealing with oral decision reproduced in minutes, as of the date
in which you have been handed, if the person concerned is or duty
consider yourself present.
2-[...].
3-The application for interposition of the resource is always motivated, under penalty
of non-admission of the appeal, and may the motivation, in the case of appeal
interposed by statement in the minutes, be submitted within 20 days,
counted from the date of the interposition.
4-If the appeal is for the purpose of re-examination of the engraved proof, the deadlines
established in the n. the
1 and 3 are high for 30 days.
5-In the application for appeal interposition the appellant may apply for
that is held audience, specifying the points of the motivation of the
feature that it intends to see debated.
6-The application for interposition or the motivation are notified
officiously to the remaining procedural subjects affected by the appeal,
the number of copies required shall be delivered.
7-The application for an appeal interfacing which affects the defendants ' trial
in the absence, or the motivation, prior to the notification of the sentence, are
notified to that when this is notified to you, pursuant to paragraph 5 of the
article 333 °
Article 412.
[...]
1-[...].
2-Versation of law, the findings indicate as yet:
a) [...];
87
b) [...];
c) [...].
3-When impugn the decision handed down on matter of fact, the appellant
must specify:
a) The concrete points of fact that it considers incorrectly
judging;
b) The concrete evidence that imposes amusing decision of the defendant;
c) [...].
4-When the evidence has been recorded, the specifications laid down in the
points b) and c) of the previous number are made by reference to the consignment
in the minutes, pursuant to the provisions of Article 364 (2), and shall
appellant concretely indicate the passages in which it is founded
impugation.
5-[...].
6-In the case provided for in paragraph 4, the court proceeds to the hearing or view
of the indicated passages and of others that it considers relevant to the
discovery of the truth and the good decision of the cause.
Article 413.
[...]
1-Procedural subjects affected by the interposition of the appeal may
reply within 20 days, counted from the date of the notification referred to
in the n. the
6 and 7 of Article 411 para.
2-If the appeal is for the purpose of re-examination of the engraved proof, the time limit
established in the previous number is raised to 30 days.
3-[ Previous Article No 2 ].
4-It is correspondingly applicable to the provisions of paragraphs 3 a to 5 of Article 412.
Article 414.
[...]
1-Received the response of the procedural subjects affected by the interposition
of the appeal or the expiry of the deadline for the purpose, the judge professes dispatch and,
88
in case of admission, fixes its effect and ascent regime.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-If the resource goes up in the autos themselves and there are private defendants of the
freedom, the court, before the remittance of the proceedings to the court
top, orders the extraction of certifing of the procedural parts
necessary for your review.
8-Havendo various features of the same decision, of which some versem
on matter of fact and others exclusively on the matter of law,
are all adjudicated jointly by the competent court for
know of the matter of fact.
Article 415.
[...]
1-[...].
2-A desistance is made by application or by term in the process and is
judged by the rapporteur.
Article 416.
[...]
1-[ Previous body of the article ].
2-If any hearing has been requested pursuant to Rule 411 (5), the
view to the Public Prosecutor's Office is intended only to take notice of the
process.
Article 417.
[...]
1-[...].
89
2-[...].
3-If the motivation of the resource does not contain any conclusions or these are not
possible to deduct fully or partially the particulars provided for in the n. the
2 a
5 of Article 412, the rapporteur invites the appellant to submit, complete
or clarify the conclusions formulated, within 10 days, under penalty of
the appeal is rejected or not to be known in the affected part.
4-The improvement provided for in the preceding paragraph does not allow to modify the
scope of the appeal that has been fixed in the motivation.
5-In the case provided for in paragraph 3, the procedural subjects affected by the
interposition of the resource are notified of the addition presentation
or clarification by the appellant, and may respond to it within the period of
10 days.
6-After preliminary examination, the rapporteur proffers summary decision whenever:
a) Some circumstance obstinate the knowledge of the resource;
b) The appeal should be rejected;
c) There is an extinguishing cause of the procedure or the responsibility
criminal to put an end to the proceedings or be the sole motive of the
resource; or
d) The issue to be decided has already been judicially appreciated in a manner
uniform and reiterated.
7-When the appeal cannot be judged by summary decision, the rapporteur
decides on the preliminary examination:
a) The effect that has been attributed to the appeal should be kept;
b) If there is evidence to be renewed and people who should be summoned.
8-It is up to the complaint for the conference of the dispatchers profiled by the
rapporteur in the terms of the n. the
6 and 7.
9-When the resource should be tried in conference, the rapporteur draws up an
draft judgment no later than 15 days from the date on which the
process is conclusive to us in the terms of the n. the
1, 2 or 5.
10 -A The claim provided for in paragraph 8 is appreciated jointly with the
resource, when this should be judged in conference.
90
Article 418.
[...]
1-Completed the preliminary examination, the process, accompanied by the project of
judgment if any, goes on the visa of the President and the Judge-adjunct and
after the conference, in the first session that takes place.
2-[...].
Article 419.
[...]
1-At the conference the president of the section, the rapporteur and a
juiz-adjunct.
2-A The discussion is directed by the president, who, however, only votes, to
de-empathise, when it cannot form majority with the votes of the rapporteur
and the juiz-adjunct.
3-The appeal is judged in conference when:
a) Complaint of the missing summary decision has been lodged in the
n Article 417 (6);
b) The contested decision does not know, the final, the object of the procedure, in the
terms of the point a) of Article 97 (1); or
c) No hearing has been required and it is not
necessary to carry out the renewal of the evidence pursuant to Art. 430 para.
Article 420.
[...]
1-The resource is rejected whenever:
a) It is manifested in its improvenance;
b) If you check cause you should have determined your non-admission
in accordance with Article 414 (2); or
c) The appellant does not present, complete or clarify the findings
formulated and such an addiction affects the whole of the appeal, in the terms
of Article 417 (3)
91
2-In the event of a rejection of the appeal, the decision is limited to identifying the
court under appeal, the case and its subjects and to specify
summarily the fundamentals of the decision.
3-[ Previous Article No 4 ].
Article 423.
[...]
1-[...].
2-[...].
3-Hereinafter, the president gives the floor, to allegations, to the
representatives of the appellant and the appellates, each per period not
greater than 30, extended in case of special complexity.
4-[...].
5-[...].
Article 424.
[...]
1-[...].
2-[...].
3-Where a non-substantial change of the facts is found
described in the contested decision or of the respective legal qualification not
known to the accused, this one is notified to, wanting, to pronounce in the
period of 10 days.
Article 425.
[...]
1-Completed the deliberation and voting, is drawn up by the rapporteur or,
if this one has become overdue, by the juiz-adjunct.
2-admissible declarations of vote are admissible.
3-If it is not possible to immediately wash down the judgment, the fixed president
publicly the date, within the following 15 days, for the publication of the
92
decision, after the respective record in book of remembrances signed by the
judges.
4-[...].
5-[...].
6-[...].
7-The deadline for the appeal interposition is due to the notification of the
judgment.
Article 426.
[...]
1-[...].
2-The referral enacted by the Supreme Court of Justice, in the context of
inter-post appeal, in 2 th instance, judgment of the relationship is made for
this court, which admits the renewal of the proof or ressends the proceedings
for new trial in 1 th instance.
3-[ Previous Article No 2 ].
Article 426-The
[...]
1-When the referral of the case is enacted, the new trial
compete with the court that has carried out the previous trial, without
prejudice to the provisions of Article 40, or, in the event that it is not possible, to the
court that will find itself closer, of category and composition
identical to those of the court that handed down the contested decision.
2-When in the same comarch there are more than two courts of the same
category and composition, judgment is incumbent on the court to result
of the distribution.
Article 428.
[...]
Relations know de facto and in law.
93
Article 429.
[...]
1-At the hearing they intervene the president of the section, the rapporteur and a judge-
adjunct
2-[...].
Article 431.
[...]
Without prejudice to the provisions of Article 410, the decision of the court of 1 th
instance on matter of fact can be modified:
a) [...];
b) If the evidence has been impugned in the terms of paragraph 3 of the article
412. º; or
c) [...].
Article 432.
[...]
1-Cut yourself to the Supreme Court of Justice:
a) [...];
b) [...];
c) Of final judgments delivered by the court of jury or by the court
collective who apply jail term of more than 5 years, aiming
exclusively the re-examination of law matters;
d) [ Previous point (e) ].
2-In cases of the c) of the preceding paragraph shall not be admissible
prior to the Relation, without prejudice to the provisions of Article 414 (8)
94
Article 435.
[...]
At the hearing the court is made up of the chairman of the section, by the rapporteur
and by a juicer-adjunct.
Article 437.
[...]
1-When, in the field of the same legislation, the Supreme Court of
Justice to provide two judgments that, relatively to the same issue of
right, sign up in opposing solutions, it is up to appeal, to the full
criminal sections, of the judgment handed down in last place.
2-[...].
3-[...].
4-[...].
5-The appeal provided for in paragraphs 1 and 2 may be brought by the defendant, by the
assistant or the civil parties and is mandatory for the Public Prosecutor's Office.
Article 446.
[...]
1-It is admissible direct appeal to the Supreme Court of Justice, of
any decision handed down against jurisprudence by it fixed, the
intern within 30 days of the transit on trial of the decision
recurrate, being correspondingly applicable to the provisions of the
this chapter.
2-The appeal may be brought by the defendants, by the assistant or by the
civil parties and is mandatory for the Public Prosecutor's Office.
3-[...].
95
Article 449.
[...]
1-A The sentence review carried forward on trial is admissible when:
a) [...];
b) [...];
c) [...];
d) [...];
e) If you find that you have served as a foundation of the conviction evidence
prohibited under the terms of the n. the
1 a to 3 of Article 126;
f) Be declared, by the Constitutional Court, the unconstitutionality
with general mandatory force standard of less favorable content
to the defendants who have served on the grounds of conviction;
g) A binding sentence of the Portuguese state, delivered by a
international instance, is irreconcilable with the conviction or
raise serious doubts about his justice.
2-[...].
3-[...].
4-[...].
Article 465.
Legitimacy for new review request
Having been denied the review or held the revised decision, there can be no
new review with the same foundation.
Article 480.
...XX_ENCODE_CASE_One ...
1-percent ... ago.
2-percent ... ago.
3-When to consider that the release of the inmate may create danger to the
offended, the court informs him of the date on which the release will take place.
96
Article 482.
Communications
1-[ Previous body of the article ].
2-The Public Prosecutor communicates the escape from the inmate to the court that, if
to consider that it may result in danger to the offending, the informs of the
occurrence.
Article 484.
[...]
1-Up to 2 months before the permissible date for the conditional release of the
doomed or for the purpose of granting the period of adjustment to the
probation in regime of permanence in housing, with
supervision by technical means of remote control, services
prisms refer to the court of execution of the penalties:
a) [...];
b) [...].
2-Up to 4 months before the permissible date for the conditional release of the
doomed or for the purposes of granting the adjustment period to the
probation in regime of permanence in housing, with
supervision by technical means of distance control, the court of
execution of the penalties asks for social reinsertion services:
a) Individual readaptation plan;
b) Social report containing an analysis of the effects of the penalty; or
c) Social report containing other elements with an interest for the
decision on parole or the granting of the period of
adaptation to probation.
3-The application for the drafting of individual readaptation plan is mandatory
to:
a) The decision on the process of granting the adaptation period
to probation;
b) The decision on the granting of parole with regime
97
of proof;
c) The cases of special complexity.
4-Officially or the requirement of the Public Prosecutor's Office or the
doomed, the court requests any other reports, documents or
representations that are afflicted with interest for the decision on the
probation.
Article 485.
[...]
1-[...].
2-[...].
3-The dispatch that defer parole or defer the adaptation to the
probation, in addition to describing the fundamentals of your
grant, specifies the respective length of time and the rules of
conduct or other obligations to which the beneficiary is subordinated,
being this one of him notified and receiving copy before release.
4-The dispatch that denies parole or denies adaptation to the
probation is notified to the reclusive.
5-From dispatching on probation or adaptation to freedom
probation is remitted copy, by the most expeted communication medium,
for prison services, social reinsertion services and other
institutions that the court determines.
6-The dispatch that denies parole is likely to appeal.
7-[ Previous Article No 6 ].
Article 486.
[...]
1-[...].
2-The dispatch that revoke the probation or the adaptation to the
probation is notified to the reclusive.
3-From dispatch that revoke probation or adaptation to
probation shall be remitted to the Director of the establishment and
98
to social reinsertion services.
4-The dispatch that revoke the probation is likely to appeal.
Article 487.
[...]
1-A decision to fix prison compliance for free days, in regime
of semideation or permanence in housing, with supervision by
technical means of remote control, specifies the elements
required for your execution, indicating the date of the beginning of this.
2-The court immediately sends to prison and reinsertion services
social copy of the sentence referred to in the preceding paragraph, owing to:
a) The prison services communicate to the court, in the 10 days
immediate, the establishment in which the penalty is to be fulfilled,
indicating it in such a way as to facilitate the displacement of the convict;
b) The social reinsertion services communicate to the court, in the 48
immediate hours, the installation of the technical means of control to
distance.
3-[...].
4-[...].
Article 488.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-A implementation of the adaptation to probation in regime of
stay in the dwelling, with supervision by technical means of
distance control, is carried out in the terms provided for in the law.
99
Article 494.
[...]
1-A decision that suspending the execution of prison with proof regime must
contain the individual social readaptation plan that the court requests
to social reinsertion services.
2-[...].
3-[...].
Article 495.
[...]
1-[...].
2-The court decides by order, after collected the proof, obtained
opinion of the Public Prosecutor and heard the convict in the presence of the
coach that supports and scrutinizes compliance with the conditions of the suspension.
3-[...].
4-[...].
Article 496.
[...]
1-If the court decides to apply the provision of work in favour of the
community asks for social reinsertion services the drafting of a
execution plan.
2-Social reinsertion services draw up the implementation plan at the deadline
of 30 days.
3-[...].
Article 509.
[...]
1-Within 30 days of the entry into the prison establishment, the
prison technical services draw up individual implementation plan of the
100
relatively undetermined penalty, which includes the working regimes,
learning, treatment and detoxing that show appropriate.
For so much are collected the necessary information from any
public or private entities and used, where possible, the
collaboration of the convict.
2-The individual implementation plan and its modifications, required by the
progress of the delinquent and by other relevant circumstances, are
subjected to the approval of the Court of Enforcement of the Penas and
communicated to the delinquent.
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 517.
[...]
The assistant is exempt from the payment of justice fee in the cases:
a) Where, for supervent reasons to the charge that there is
deducted or with which if you have conformed and that you are not
attributable, the accused is not uttered or is acquitted; or
b) From Article 287 (3)
Article 522.
[...]
1-The Public Prosecutor's Office is exempt from the expense and fines.
2-[...]. "
Article 2.
Addition to the Code of Criminal Procedure
They are deferred to the Code of Criminal Procedure Articles 252-A, 371.-A and 391.-F, with the
101
following wording:
" Article 252.
Cellular location
1-The judicial authorities and the criminal police authorities can
get data on cellular location when they are needed
to ward off danger to life or from offense to serious physical integrity.
2-If the data on the cellular location predicted in the previous number if
refer to an ongoing process, their achievement must be communicated
to the judge within the maximum term of 48 hours.
3-If the data on the cellular location provided for in paragraph 1 is not
refer to any ongoing process, communication should be directed
to the judge of the registered office of the competent body for criminal investigation.
4-It is void to obtain data about cellular localization with violation of the
willing in the previous figures.
Article 371-The
Opening of the hearing for retroactive application of more favourable criminal law
If, after transit on trial of conviction but before it has ceased to
execution of the penalty, to enter into force more favorable criminal law, the convict
may apply for reopening of the hearing so that it is applied to the new
regime.
Article 391-F
Recurrability
It is correspondingly applicable to the abbreviated process the provisions of the article
391. "
Article 3.
Redenomination of Chapter III of Title III of Book X
of the Code of Criminal Procedure
102
Chapter III of Title III of Book X of the Code of Criminal Procedure passes through
denominate " From the execution of the prison for free days and in a regime of semideretention or
of permanence in housing ".
Article 4.
Addition to Law No. 144/99 of August 31
The Article 154 is added to the Act No 144/99 of August 31 approving the law of the
international judicial cooperation in criminal matters, amended by the Leis n. the
104/2001,
of August 25, and 48/2003, of August 22, with the following:
" Article 154.
Transmission and reception of complaints and complaints
1-The criminal police bodies and the judicial authorities receive
denounces and complaints by the practice of crimes against residents in Portugal
that have been committed in the territory of another Member State of the
European Union.
2-The complaints and complaints received in the terms of the previous number are
transmitted by the Public Prosecutor's Office, in the shortest time, to the authority
competent of the Member State in whose territory the crime was practised,
save if the Portuguese courts are competent for the
knowledge of the offence.
3-The Public Prosecutor's Office receives from the competent authorities of States-
members of the European Union complaints and complaints for crimes practiced
in Portuguese territory against residents in another Member State, to
effects of prosecution of criminal procedure. "
Article 5.
Abrogation standard
They are revoked:
a) The Decree of Government No 12487 of October 14, 1926; and
103
b) Article 54 of the Decree-Law No. 15/93 of January 22.
Article 6.
Republication
It is republished, in annex, which is an integral part of this Act, the Code of Procedure
Penal, with the current wording.
Article 7.
Entry into force
This Law shall come into force on the September 1, 2007.
Seen and approved in Council of Ministers November 16, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
104
Attachment
CODE OF CRIMINAL PROCEDURE
I
1. The urgency of a systematic and global review of criminal procedural planning
constitutes one of the most consensual topics in the contemporary legal experience.
Claimed by the culvers of the criminal procedural doctrine, eagerly awaited by the
practice of law, the reform of the criminal procedure has also persisted as a
commitment invariably enrolled in the programmes of successive governments
constitutional.
Equally peaceful is today the conviction that only a new codification of the right
criminal procedural may represent the beginning of a consistent response to the multiples and
ingenuous challenges that in this field arise for Portuguese society. In fact, from
a any attempt at partial revision of the encoding still beholdant more could not
expected to increase the complexity and multiplication of the apories, both in the plan
theoretician as in the application of law. Started in 1929, the term cycle of the Code of
Previous Criminal Procedure characterized by virtually uninterrupted production of
new legal diplomas in criminal proceedings: a few times with the purpose of
sanction innovations to enroll in the codified text itself, others engrossing the already
uncontrollable flow of extravagant laws. It has, moreover, dealt with diplomas
projected on historical horizons several, with different ideological density and
cultural, and, therefore, paying homage to distinct conceptions of the world and
of life, the state and the citizen, the community and the person, and bearers of programs
centrifugal and often antagonistic politico-criminality.
The sketched framework has further aggravated with the reforms dictated and introduced by the
transformations started on April 25, 1974. Of all it resulted in a planning
criminal procedural undermined by contradictions, laggings and dysfunctionalities
compromising; a planning where, to the difficulties of identification, in the crowd
of overlapping regulations, of the concretely applicable regime, amounted to the
emerging from the impossibility of referencing a coherent system, preordained to the
realization of a clearly perspectival teleology and assumed.
2. It is to give response to the imperatives that relies on this context that is intended for the present
Code of Criminal Procedure. For easier apprehension of your spirit and your
105
purposes, and as a way of mediatizing their consensus and widespread acceptance,
will it matter to point out some of the principles that deliberately were erected in matrix
and the ultimate legitimizer of the technical solutions why it has opted. How will it count for another
side, and the title merely exemplify, put into relief some of these solutions,
many of them of innovative cariz. Before, however, it will be timely to explain some of the
coordinates that defined the environment in which the reform had to operate and that
have, therefore, conditioned the lines of balance and overcoming principles of
often anti-genomic projection, dictating this way, often, the preference
by a certain technical solution among several in principle available.
It will be distinguished, to the effect, between exogenous and endogenous constraints: the
first, derived from the increasingly intense insertion of Portugal into the communities and
supranational organizations and the increasingly accentuated tune with the rhythm of the
major ideological, cultural, scientific, politico-criminal and legal movements
that permanently agitates and renovates the face of the world; the seconds, coming
of the national legal experience and the irredeemable idiosyncrasies of our universe
historical-cultural.
3. In what the exogenous factors respects, the lesson of law is carefully considered
compared. It was sought in particular to take advantage of the teachings offered
by the experience of community countries (Spain, France, Italy, the Federal Republic of
Germany) with which Portugal maintains a more extensive legal heritage and
common cultural; countries of rest, all of them, committed in a process of profound
renovation of the criminal procedural institutions. Also took care of analyzing the
results achieved by the saturated criminological investigations undertaken
in some of those countries and which focus on the action of the different instances that
integrate the formal system of crime control. Without advocating or aiming
a mechanical transposition of such results, truth is that they should not disservice themselves
the consistent political-crime injunctions that they emanate from, in the perspective of a
system affixed to maximize and rationalize its functioning; bettered, in others
terms, in obviating the high "black ciphers" and the inequalities they embody and
in winning the misadjustments and dysfunctionalities between the singular instances and between
the globally considered system and the environment community.
Particularly relevant to the drafting of this Code was the legal science-
criminal procedural of the referred countries. What easily understands, right as it is to have
106
been to this powerful movement of dogmatic elaboration that were due to the
progress recorded in affirmation of the implications of the basilar principles of a
State of democratic and social law on a criminal case that wants to be attuned
with such principles. The same doctrine should, incidmore, credit the efforts more
consequent in the search for alternatives capable of plasming with greater efficacy, in the
everyday experience, those principles and the ultimate axiology to which they provide
homage.
Dispatched was not, lastly, the influence that radiates from a venue with the prestige
moral and cultural of the Council of Europe, to which our country is proud to belong.
It is recalled, by the way, that numerous topics of criminal proceedings-with prominence, v. g.,
for the problems of pretrial detention, the guarantees and rights of the defendants, of the
accelerated and simplified processes, from the legal position-procedural position of the victim, of the
sense and scope of application of the principle of opportunity, etc. -have constituted
object of scientific meetings under its sponsorship and, not rare, recommendations or
deliberations of its competent bodies.
4. From among the endogenous conditioners should be evidenced, in the first place, the relief
that in this Code wanted to assign itself to the Portuguese criminal procedural tradition.
It was sought, in effect, that the pursuit of innovation and modernity if it did not do so with
indiscriminate sacrifice of institutions and principles that, in spite of everything, must be
preserved as identifiable signs of an autonomous way of being in the world,
of making history and of creating culture. Paradigmatic in this respect is what is the case with the
status of the victim-assistant, who singularizes us clearly in the context of the right
compared and by whose model they are now beginning to orient the reform movements
of many countries, under the thrust of the latest criminological investigations-
victimological.
It should be mentioned, in the second place, the Constitution of the Republic and the Criminal Code-two
diplomas which, for their role in the context of the Portuguese legal order, in many
cases drastically narrow the spectrum of available alternatives, while in others
cases predetermine the sense and scope of the solutions to be enshrined in criminal proceedings.
Thus, the Constitution of the Republic elevated, for example, to the category of rights
fundamental the principles concerning the basic structure of the criminal procedure, to the limits to
pre-trial detention as a measure that is decidedly subsidiary, to regularity
of the evidence, to the procedural speed compatible with defence guarantees, to assistance
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of the defender, the natural judge. For its part, from among the constraints arising from the
Penal code can be stressed, since soon, what is about their allegiance to the
socialising ideary and which points in turn, for example, to an autonomy, to the
less relative, of the procedural moment of determination and measure of the penalty. Less
obvious and significant are not, of the rest, the implications arising from the circumstance of
the Criminal Code has defined the compensation, arbitrated to the aggrieved as a consequence of
a crime, as a provision of a civilistical nature; what it cannot leave of
contender, for example, with the principle of a generalized officiating arbitrage,
beholdant in the previous right.
Relevant was, in third place, the representation-which had wanted so approximate and
true as possible-of the main bottlenecks and deviations recorded in the
praxis of our courts and responsible for the frustration of a tempestive justice and
effective. Such dysfunctionalities were mainly diagnosed: in the existence of the
instruction, as a necessary phase to the submission of the made to trial in the crimes more
serious; in the unruly in the matter of continuity and discipline of the hearing of
judgment and in the invincible abnormality of the disrespect of deadlines in general; in a system of
resources that, by overinducing the abuse, were paradoxically relevant as offering
a second degree of appeal without simultaneously securing a dual jurisdiction over
merit; in a plethora of common and special forms of the procedure. Everything, from the rest,
worsening with the widespread distrust of citizens as to the suitability of the
formal justice provided, in a process of estrangement that was fed into spiralling and
induces the search for informal solutions of self-tutelage, disforce or vindicta, of
composition and private ressarcement.
II
5. To gain the right perspective to the understanding of the basic structure of the model
of the process underlying the present Code, of its fundamental principles and of its
concrete solutions, will invite you to start by a prior reference to the ends or goals that,
in the final instance, it is legitimate to expect criminal proceedings in the framework of a State
of democratic and social law.
They are, in effect, the values and the forms of this model of community organization that
define the horizon in which the Code intends to sign up. This one assumes, in
compliance, the master idea according to which the criminal process has an end to the realization
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of justice in the case, by means of a procedural means admissible and in order to ensure peace
legal of citizens.
It is known, however, how these three references are worth in the criminal proceedings as
autonomous polarizers of universes of values and generators of principles of
unavoidably unethical implications. Estranged is therefore, at departure, the possibility of
if you set up a procedural system that gives full satisfaction to the demands arising
of each of those three references. For the majority of reason it should, incidentally, stand out, without
more, the whole pretense of absolutizing unilaterally any of them-under penalty of if
open the door to the most intolerable forms of tyranny or of advocating solutions of the most
innocuous procedural ritualism. The possible, and also-matter accentuate it-the desirable,
is thus a preordained procedural model to the practical concordance of the three teleologies
antinomics, in the quest for the achievable and admissible maximization of the respective
implications.
In the current state of knowledge, and having present the ballast of the historical experience,
would be idle any demonstration of the antinomies that medevout between, for example, the
freedom and dignity of the defendants and the demand for the whole transe of a material truth
or between the addition of efficiency of criminal justice and the respect of forms or rites
procedural, which present themselves as the bulwark of fundamental rights.
The most recent political and social transformations, and even the advancement of reflection
theoretical more or less committed, they have meanwhile made new and important afloration
lines of cleavage and conflict between the ends of the criminal procedure.
It is in the first case the triumph of the modern state of social law, whose reflections on the
criminal proceedings (socialization, conciliation, transaction, opportunity, etc.) can collide
drastically with the demands anchored in more than two centuries of affirmation of the
merely liberal strand of the classical rule of law.
Paradigmatic, in what the second case respects, is the antinomy that results from the discovery
of the institutional relief of certain fundamental rights, to the point of the rule of law
contemporary to take on them as their own symbolic values. What translates, v.
g., in its irrenunciability even in the context of the criminal procedure, to mediate the
its purposes and under the involvement of its formal guarantees. What is going on with the
prohibitions on proof-that, by obedience to constitutional imperatives, the Code
expressly enshrines-, whose regime explicitly overtakes the consent of the
defendants and their autonomy, constitutes the perhaps most expressive manifestation, but
not surely the only one, of this stance of the rule of law in the face of rights
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fundamental. By erecting them in "institution" and by imposing them in a certain way against the
own holder, it is also the "institution" of a fully legitimized criminal case
that the modern state seeks to preserve. By way of reflex and ultimately, it is your
own legitimation that the state seeks to accrate.
6. It is thus the antinomies at the level of the very foundations of the criminal procedure that
claim an integrated regime of compromising solutions, preexclusioning the
possibility of a system aligned according to the dictates of unilinear logic and
absolutized. The pressures in the sense of an open system more accentuate, of the rest,
when you enter into account with two complementary considerations: the first
contenders with the heterogeneity of reality on which the criminal proceedings are concerned; the
second has to do with the diversity of attitude or own ethos of the different
structures of interaction in which the procedural drama is analysed. In other terms, and
following at this point the formulation of some contemporary procedural, is
possible to enroll the entire procedural universe in a coordinate system defined by
a horizontal axis and another vertical.
a) As for the first axis, it suits not to forget the decisive importance of the
distinction between serious crime and small crime-one of the
typical manifestations of modern societies. It is two realities
clearly distinct as to their criminological explanation, to the degree of
social danosity and the collective alarm they cause. Will not be able to leave
be, therefore, completely different the content of the social reaction in one and another
case, maximum and the content of the formal reaction. Nor will it be even by chance that the
search for new forms of control of small crime represents a
of the most striking lines of the current political-criminal debate. Concretely, it is
mainly with the eyes laid in this particular area of phenomenology
criminal who, each time with greater insistence, speak in terms of
opportunity, fun, informality, consensus, swiftness. Will not be stranded
so that the present Code is to provide a moderate but unequivocal
tribute to the reasons behind these political-criminal suggestions.
Nor will it be heard difficult to identify solutions or institutes that are relevant
directly. For its innovative character and its weight in the economy of the
diploma, deserve special emphasis the possibility of provisional suspension
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of the process with injunctions and rules of conduct and, above all, the creation of a
summary process-special form of process intended for the control of the
small crime in terms of efficacy and speed, without the costs of
a stigmatization and a deepening of conflictuality in context
of a formal hearing;
b) A second axis establishes the boundary between what one can designate by
spaces of consensus and spaces of conflict in the criminal proceedings, although in good
supermountable measure with the one previously mentioned-in the treatment of the
small criminality must privilege solutions of consensus, while
in that of the most serious crime must, conversely, be able to make solutions
that pass through the recognition and clarification of the conflict-, this second
distinction has autonomous sense.
On the one hand, they abound in the criminal proceedings the situations in which the search for consensus, of the
pacification and the stabilizing reaffirmation of norms, based on reconciliation, valley
as an ético-legal imperative. Expressions of the echo found in this Code
by such ideas are, among others: the relief attributed to the free and integral confession, to which
can dispense all the subsequent production of the proof; the agreement of several subjects
procedural as the assumption of institutes such as that of the provisional suspension of the
process, that of the sumptiest process, the jurisdiction of the single judge for the trial
of cases in abstract pertinent to the jurisdiction of the collective court, as well as the
numerous provisions whose effectiveness is laid down in dependence on the assentiment of one or
of various procedural actors.
However, the Code does not erige the search for consensus in unconditioned value. By the
nature of things, also here absolutization would only be possible at the expense of the arbitrio,
subalternating to "peace" one's own life and human autonomy. Add that, not rare, the
effective control of crime can only be loaned by formalising the
real conflictuality. Paradigmatic of the respect that this consideration deserves to the Code
is, for example, the possibility that it assists the accused of accepting or rejecting the desistance
of the complaint or the particular charge. Of the same posture reliefs, in general, all the
provisions that, as implications of the accusatory system, aim to carry out, in the measure of the
possible, the claimed "equality of arms" between the prosecution and the defense. The same
may further assert itself by the purpose of strengthening the consistency of the status of the assistant,
with the manifest intention to consolidate the role of one of the protagonists in the field of
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real conflictuality.
III
7. What gets said will allow for an easier identification and explanation of the contours
more salient from the architecture of the criminal procedure provided for in this Code. Three notes
supplemental will help to highlight other so many aspects that imprint to the
system delineated.
a) The first note has to do with the basic structure of the process. By attachment
deliberated to one of the most striking achievements of civilizational progress
democratic, and by obedience to the constitutional commandment, the Code
perspectivated a basically accusatory framework process. However-and without
the minimum transigence in what the authentic demands of the accusatory respects-,
sought to temper the commitment to the maximization of accusation with a
principle of official research, valid for both the prosecution and the
trial; what it represents, in addition to the more, a tuning with our tradition
legal-procedural criminal procedure;
b) Second, the Code has decidedly chosen to convert the survey,
carried out under the title and direction of the Public Prosecutor's Office at the general stage and
normal to prepare the decision of prosecution or non-prosecution. For his shift, the
instruction, of an adversarial character and endowed with a phase of oral debate-what
entailed the abandonment of the distinction between preparatory and contradictory instruction-,
will only take place when it is required by the accused who intends to invalidate the
prosecution decision, or by the assistant who wishes to counteract the decision not to
prosecution. Such an option was filmed in the belief that only so will it be possible
surpass one of the largest and most serious bottlenecks of our current
praxis criminal procedure. And it is, on the other hand, in the fact that all the
procedural acts that contend directly with the fundamental rights of the
defendants should only be able to take place if authorized by the investigating judge and, in some
cases, only by this can be carried out. Reflect further that, as a result
direct from the finished fund option of mentioning, the criminal police bodies
are, at the stage of inquiry, placed in the functional dependence of the Ministry
Public;
c) Innovative to many titles is, in third place, the planned resource regime
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in this Code. With the innovations introduced sought to obtain a double
effect: potentiating the procedural economy in an optics of celerity and
efficiency and, at the same time, lend effectiveness to the guarantee contained in a
double degree of authentic jurisdiction.
To achieve the first desiderata, it tried to obviate the acknowledged pendor for the
abuse of resources, opening up the possibility of liminal rejection of the entire appeal by
manifests lack of foundation. Complementarily, it sought to simplify all the
system, concretely abolishing the existence, by rule, of a double degree of
feature. That's why the relationship courts go on to know in the last instance of the
final decisions of the single judge and the interlocuting decisions of the collective court and of the
jury, owing to the appeal of the final decisions of these last courts to be directly
interposed to the Supreme Court of Justice.
On the other hand, it is right from the 1 th instance that begins by giving expression to the
intimate guarantee in the existence of a dual jurisdiction. In effect, the Code bets
confidently in the quality of justice carried out at the level of the 1 th instance, for what not
leaves to adopt the measures deemed to be more appropriate and to assume that others-that the
it is not up to edit-they will not cease to be enshrined in the places of their own. Among these
avulates that of the separation of the judges who will-from acting as natural judges and those who
belong to the collective courts. In the same framework should be construe the
broadening the jurisdiction of the jurors, now extensive also to the matter of law,
combined with the sensitive decrease in your number, which is to be statuesseted by the law
supplemental on the jury. In what the resources specifically respects, establishes the
Code a regime trimmed with the idea of the unitary resource, in identical principle
for Relation and for the Supreme and abounding, to the extent possible and convenient, both the
question of law as the matter of fact. With the same purpose of lending to the
feature greater consistency, seeks to counter the trend to make it a labor
merely routine executed on roles, converting it into a knowledge
authentic of problems and real conflicts, mediatized by the motivated intervention of
people. So they submit the resources to the general principle-incidentally legal-
constitutionally imposed!-of the accusatory structure, with the consequent requirement of
a hearing where the maximum of the orality is respected.
8. Even in the context of a summary presentation, it cannot fail to underline itself
another of the motivations that was in the first line of the reform work: the demand
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of greater speed and efficiency in the administration of criminal justice.
It does, however, matter to prevent that the demand for speed and efficiency did not comply with
a parly economical productivity rationale for productivity. The
profitability of the realization of justice is only desired in the name of direct meaning
of the efficiency for the realization of the purposes of the criminal procedure: realization of justice,
tutelage of legal goods, stabilization of norms, legal peace of citizens. The
efficiency is, on the one hand, the mirror of the capacity of legal planning and its
potential for prevention, which, it knows well, has much more to do with preparedness and
safety of criminal reactions than with its more or less drastic character. The
efficiency image constitutes, on the other hand, the most effective antidote against the resource a
spontaneous and informal modes of self-tutelage or ressarcement, catalysts of
conflicts and violences hardly controllable. But efficiency-in the sense of reduction
of the black ciphers and the inequalities to which they obey-may also be worth as the
guarantee of the equality of the law in action, fundamental criterion of its material legitimation
and, therefore, of their acceptance and collective interiorization.
Adding that the swiftness is also claimed by the consideration of the interests of the
itself argued, not to take the credit of chance the fact that the Constitution, under
influence of the European Convention on Human Rights, has conferred on the statute
of an authentic fundamental right. There are, therefore, to reduce to a minimum the duration of a
process that always entails the compression of the legal sphere of a person who can
be-and have even to assume-innocent. How there will be yet to prevent the
dangers of an irreversible stigmatization and adulteration of the identity of the accused, who
can culminate in the commitment to a delinquent career. From rest, the acceleration
procedural will make it all the more in favor of the accused the more it has by
reverse-as succeeding in this Code-an effective reinforcement of its position
procedural.
9. How easily it will intuit, the purpose of procedural acceleration affling already in
some of the changes and innovations mentioned in other contexts. In addition to them, and
always the title merely exemplificative, others will be able to mention: umas
directly preordained to the procedural acceleration, others presenting at least
an unquestionable valence in this sense.
In favour directly of procedural acceleration are without doubt: the introduction of a
autonomous incident of process acceleration; the new discipline in relation to deadlines,
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with cominations that are expected to be effective; the power of discipline and direction conferred on the
judicial authorities, maximal and the judge at the stage of the trial hearing; the
structuring of this hearing and its development in terms of continuity and
enhanced concentration; the simplification and de-bureaucratization of numerous acts
procedural, namely notifications.
The same effect is expected from the judicious definition, delimitation and articulation of the
competence of the various instances of control, such as, for example, the Ministry
Public and the judge, not least of the investigating judge, thus preventing any conflicts and
lags, inevitably generators of delays and delongas.
It is also the idea of acceleration that in good measure should impugt the reduction
substantial of the forms of process. In fact, on par with a single form of process
common (behaving only the particularities imposed by the circumstance of the
process proceeding before the single judge, the collective court or the court of the jury),
provide for only two forms of special process: the summary and the sumptiest. To this
purpose, the special process form the lack of which will be most noticed is naturally that of the
process of absentees. The Code has decidedly chosen to evade the drawbacks of the
process of traditional absentees, particularly in a discourage perspective
of the absence, privileging an articulated set of drastic compression measurements
of the patrimonial and the negotiating capacity of the contumaz, which is expected to be sufficient and
effective.
10. Finally, the status of the different subjects and procedural actors constitute
another of the areas where the changes are, on par with less ostensible, equally
tome. In general, they operated in three directions: in a more careful
legal delimitation; in an enlargement and enhancement of the competences of the organs of the
different formal instances of control, in order to the effective viabilization of the tasks
that they are committed to them, and in the strengthening of the legal position of the accused.
The most precise definition of the relative competences of the different authorities
procedurance is, since soon, dictated by obedience to the requirements of the accusatory principle.
For its part, the magnification of the means at its disposal is explained by the need for
maximize efficiency and by the purpose of safeguarding the prestige of the organs
procedural in their dealings with the community, in order to a more cabal
adimmation of the obligations of collaboration in the realization of criminal justice. On this line
avulate the so-called precautionary measures of police and the coping and measures
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equity guarantee to which they can appeal, in the cases and in the terms specifically
predicted, the judge, the prosecutor's office and the criminal police. From remembering that to the
Prosecutor's Office is dewound the title and direction of the survey, as well as the
exclusive competence for the procedural promotion: hence it is assigned to it, not the
status of part, but that of an authentic magistrate, subject to the strict duty of
objectivity.
In the redefinition of the statute of the accused begins soon by overwriting the care and a certain
solemnity with which it surrounds its formal constitution. On the other hand, it will not be difficult
check that the regime of the Code, globally considered, round in a
unquestionable increase and consolidation of the procedural rights of the accused. Also
here, incidently, uncompromising respect for the accusatory principle leads the Code to be adopted
solutions that are approaching an effective "equality of arms", as well as to the
preclusion of all measures that contend with the personal dignity of the accused.
A last reference deserves, in this context, the provisions on the measures of
coaction-category that integrates, among others, the figure of preventive imprisonment. On the one hand,
the Code submits all these measures to the principles of legality, of the
proportionality and necessity. On the other hand, it widens the respective spectrum,
introducing, alongside the already classic coping measures, new modalities such as, by
example, the obligation to remain in housing. This enlargement allows for a
increased malleability in the choice of the concretely applicable solutions, with respect
by the dictates of proportionality and necessity. But it allows, above all, the
effective realization of the constitutional principle of the subsidiarity of preventive imprisonment,
in honor of which, incidtly, the Code extinguishes the category of crimes
incautionable.
IV
11. It is thought that, by the summarily described form, the Code that is then
presents could be a key piece of dialogue, always in the open and
always renovated, between the liberal strand and the social strand of the rule of law
democratic, between justice and efficiency in the application of criminal law, among the demands
of community safety and respect for the rights of people. If so, from the
Code of Criminal Procedure-the essential stone that was lacking in the renovated building of our
criminal legislation-can legitimately be expected to fulfil the decisive function that
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it is up to you in the ingent task of control and mastery of criminality.
Preliminary and general provisions
Article 1.
Legal definitions
For the purposes of the provisions of this Code shall be deemed to be:
a) Crime: the set of assumptions of which is dependent on the application to the agent of
a penalty or a measure of criminal security;
b) Judicial authority: the judge, the judge of instruction and the prosecutor's office, each
a relative to the procedural acts that fit within its competence;
c) Criminal police bodies: all the entities and police officers to whom kayba
carry out any acts ordered by a judicial authority or
determined by this Code;
d) Criminal police authority: the directors, officers, inspectors and
police sub-inspectors and all police officers to whom the laws
respective recognizing that qualification;
e) Suspect: the whole person regarding which evidence existed that he committed or
prepares to commit a crime, or who in it has participated in or prepares to
participate;
f) Substantial change in the facts: the one that has the effect of imputation to the
argued for a diverse crime or the aggravation of the maximum limits on sanctions
applicable;
g) Social report: information on the family and socio-professional insertion of the
argued and, eventually, of the victim, drawn up by reinsertion services
social, with the aim of assisting the court or the judge in the knowledge of the
personality of the accused, for the purposes and in the cases provided for in this diploma;
h) Information for social reinsertion services: response to concrete requests
on the personal, family, school, labour or social situation of the accused and,
eventually, of the victim, drawn up by social reinsertion services, with the
objective referred to in the preceding paragraph, for the purposes and in the cases provided for in this
diploma;
i) Terrorism: the conduits that integrate the crimes of terrorist organization,
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terrorism and international terrorism;
j) Violent crime: the mains that dolly drive against the
life, physical integrity or freedom of the people and are punishable by
prison term of maximum equal or greater than 5 years;
l) Especially violent crime: the ducts provided for in the preceding paragraph
punishable with a prison sentence of maximum equal or greater than 8 years;
m) Highly organized crime: the conduits that integrate crimes from
criminal association, trafficking in persons, trafficking in arms, trafficking in
narcotic drugs or psychotropic substances, corruption, trafficking in
influence or bleaching.
Article 2.
Legality of the process
The application of penalties and criminal security measures can only take place in
compliance with the provisions of this Code.
Article 3.
Subsidiary application
The provisions of this Code shall be subsidally applicable, unless legal provision in
contrary, to prosecutions of criminal nature regulated in special law.
Article 4.
Integration of gaps
In the missing cases, when the provisions of this Code cannot apply by
analogy, observe the norms of the civil procedure that harmonize with the process
penal and, in the absence of them, the general principles of the criminal procedure apply.
Article 5.
Application of criminal procedural law in time
1-A Criminal procedural law is of immediate application, without prejudice to the validity of the acts
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carried out in the duration of the previous law.
2-A Criminal procedural law does not apply to proceedings previously initiated to its
effective when your immediate applicability can result:
a) Aggravated and yet avoidable aggravation of the procedural situation of the accused,
notably a limitation of your right of defence; or
b) It breaks down 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 throughout the Portuguese territory and, well, in
foreign territory in the limits defined by treaties, conventions and rules of law
international.
Article 7.
Sufficiency of the criminal procedure
1-The criminal case is promoted independently of any other and in it if
resolves all issues that matter to the decision of the cause.
2-When, in order to know about the existence of a crime, it is necessary to judge any
non-criminal matter that cannot be conveniently resolved in the criminal proceedings,
can the court suspend the proceedings so that if it decides this matter in court
competent.
3-A suspension may be required, after the prosecution or the application for the opening of the
instruction, by the Public Prosecutor's Office, by the assistant or the accused, or be ordered
officiously by the court. The suspension cannot, however, impair the achievement
of urgent representations of proof.
4-The court marks the term of the suspension, which can be extended up to one year if the
delay in the decision is not attributable to the assistant or to the accused. The Ministry
Public can always intervene in the non-criminal process to promote its rapid
progress and inform the criminal court. Depleted the deadline without the issue
harmful has been resolved, or if the action has not been proposed at the time
maximum of one month, the matter is decided in the criminal proceedings.
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PART I
BOOK I
Of the subjects of the process
Title I
From the judge and the court
CHAPTER I
Of the jurisdiction
Article 8.
Administration of criminal justice
Judicial tribunals are the competent bodies to decide the criminal causes and apply
feathers and criminal security measures.
Article 9.
Exercise of the criminal jurisdictional function
1-Judicial courts administer criminal justice in accordance with law and law.
2-In the exercise of its function, the courts and too many judicial authorities are entitled
to be coadjured by all other authorities; the requested collaboration prefers the
any other service.
CHAPTER II
Of competence
SECTION I
Material and functional competence
Article 10.
Provisions applicable
The material and functional competence of the courts in criminal matters is regulated by the
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provisions of this Code and, secondarily, 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 competence that
it is attributed to him by law.
2-Compete to the President of the Supreme Court of Justice, in criminal matters:
a) Know of the conflicts of competence between sections;
b) Authorize the interception, recording and transcription of talks or
communications in which you intervene the President of the Republic, the President of
Assembly of the Republic or the Prime Minister and determine the respective
destruction, pursuant to Articles 187 to 190;
c) Exercise the remaining assignments conferred by law.
3-Compete to the full of the criminal sections of the Supreme Court of Justice, in
criminal matter:
a) Judging the President of the Republic, the President of the Assembly of the Republic and the
Prime Minister for the crimes practiced in the performance of his duties;
b) Judging the resources of decisions rendered in 1 th instance by the sections;
c) To standardize the case-law, pursuant to Articles 437 and following.
4-Compete to the criminal sections of the Supreme Court of Justice, in criminal matters:
g) Judging prosecutions for crimes committed by judges of the Supreme Court of
Justice and the relations and magistrates of the Public Prosecutor's Office to exercise
functions with these courts, or equiped;
h) Judging resources that are not within the competence of the full sections;
i) Know of the requests for habeas corpus by virtue of unlawful imprisonment;
j) Know of the applications for review;
k) Decide on the application for the assignment of competence to another court of the
same species and hierarchy, in the cases of obstruction to the exercise of jurisdiction
by the competent court;
l) Exercise the remaining assignments conferred by law.
5-The sections work with 3 judges.
6-Compete to the Chairpersons of the criminal sections of the Supreme Court of Justice, in
criminal matter:
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c) Know of the conflicts of competence between relationships, between these and the
courts of 1. th instance or between courts of 1 th instance of different
judicial districts;
d) Exercise the remaining assignments conferred by law.
7-Compete to each judge in the criminal sections of the Supreme Court of Justice, in
criminal matters, practise the jurisdictional acts concerning the investigation, direct the
instruction, preside over the instructional debate and utter dispatch of pronunciation or not
pronunciation in the processes referred to in paragraph a) of paragraph 3 and (3) a) of paragraph 4.
Article 12.
Competence of relations
1-In criminal matters, the plenum of relations has the competence assigned to it by
law.
2-Compete to the presidents of relations, in criminal matters:
c) Know of the conflicts of competence between sections;
d) Exercise the remaining assignments conferred by law.
3-Compete to the criminal sections of relations, in criminal matters:
f) Judging prosecutions for crimes committed by law judges, prosecutors of the
Republic and procuratorates-adjuncts;
g) Judging resources;
h) Judging the extradition judicial proceedings;
i) Judging the processes of review and confirmation of foreign criminal sentence;
j) Exercise the remaining assignments conferred by law.
4-The sections work with 3 judges.
5-Compete to the presidents of the criminal sections of relations, in criminal matters:
c) Know of the conflicts of competence between courts of l. instance of the
respective judicial district;
d) Exercise the remaining assignments conferred by law.
6-Compete every judge in the criminal sections of relations, in criminal matters, practice
the jurisdictional acts concerning the investigation, direct the instruction, preside over the debate
instruct and provide dispatch of pronunciation or non-pronunciation in the proceedings
referred to in paragraph a) of paragraph 3.
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Article 13.
Jurisdiction of the court of the jury
1-Compete to the court of the jury judge the proceedings that, having the intervention of the jury were
required by the Public Prosecutor's Office, by the assistant or the accused, to respect the
crimes provided for in Title III and in Chapter I of Title V of Book II of the Code
Penal and the Criminal Law on Violations of International Humanitarian Law.
2-Compete yet to the court of the jury to judge proceedings that, not due to be adjudicated
by the natural court and having the intervention of the jury was requested by the Ministry
Public, by the assistant or by the accused, to respect crimes whose maximum penalty,
abstractly applicable, for more than eight years in prison.
3-The Public Prosecutor's application and that of the Assistant shall take place on the deadline
for deduction of the charge, jointly with this one, and that of the accused, within the
application for opening of instruction. There being instruction, the application of the
defendants and that of the assistant who did not deduct prosecution must take place within eight
days to be counted from the notification of pronunciation.
4-The application for intervention by the jury is irreproachable.
Article 14.
Competence of the collective court
1-Compete to the collective court, in criminal matters, to judge proceedings that, not
having to be adjudicated by the court of the jury, respect the crimes provided for in Title
III and in Chapter I of Title V of Book II of the Criminal Code and the Criminal Law concerning the
Violations of International Humanitarian Law.
2-Compete still in the collective court judging the processes which, it should not be
tried by the natural court, to respect crimes:
a) Doleful or aggravated by the result, when it is element of the type the death of
a person; or
b) Whose maximum penalty, abstractly applicable, is greater than five years of
imprisonment, even when, in the case of an infringement procedure, it is lower than the
maximum limit corresponding to each crime.
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Article 15.
Determination of the applicable penalty
For the purpose of the provisions of Articles 13 and 14, in the determination of the penalty abstractly
applicable, are taken into account all the circumstances that may raise the maximum
legal of the penalty to be applied in the process.
Article 16.
Jurisdiction of the natural court
1-Compete to the singular court, in criminal matters, to judge proceedings that by law no
couberem in the jurisdiction of the courts of another species.
2-Compete also to the singular court, in criminal matters, to judge the proceedings that
respect the crimes:
a) Provided for in Chapter II of Title V of Book II of the Criminal Code;
b) Whose maximum penalty, abstractly applicable, is equal to or less than five
years of imprisonment.
3-Compete still to the singular court to judge the prosecutions for crimes provided for in the
Article 14 (2) (2) b) , even in the event of an infringement procedure, when the
Prosecutor's Office, in the prosecution, or, in application, when it is supervenient the
knowledge of the contest, understand that it should not be applied, in concrete, penalty
of imprisonment of more than five years.
4-In the case provided for in the preceding paragraph, the court may not apply jail time
higher than five years.
Article 17.
Competence of the judge of instruction
It is incumbent upon the investigating judge to proceed with the instruction, decide on the pronunciation and exercise
all jurisdictional functions up to the shipment of the process for trial, on the terms
prescribed in this Code.
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Article 18.
Court of execution of penalties
The jurisdiction of the court of execution of penalties shall be governed by special law.
SECTION II
Territorial competence
Article 19.
General rules
1-It is competent to know of a crime the court in whose area if it has occurred
the consummation.
2-Treating crime that understands as an element of the kind the death of a
person, is competent the court in whose area the agent has acted or, in the event of
omission, should have acted.
3-To know of crime that is conspicuous by successive or repeated acts, or by
a single act which is likely to extend in time, is competent the court in whose
area if you have practiced the last act or have ceased consummation.
4-If the crime has not come to consume itself, it is competent for him to know the
court in whose area if it has practised the last act of execution or, in the event of
punitiveness of the preparatory acts, the last act of preparation.
Article 20.
Crime committed on board of ship or aircraft
1-It is competent to know of a crime committed on board ship the court of the area
from the Portuguese port to where the agent will address or where he disembarks; and, not if
driving the agent to Portuguese territory or in it not landing, or making
part of the crew, the court of the area of matriculation.
2-The provisions of the preceding paragraph shall be correspondingly applicable to the crime committed to
board of aircraft.
3-For any case not provided for in the preceding paragraphs is competent the court of
area where first there has been news of the crime.
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Article 21.
Crime of doubtful or unknown location
1-If the crime is related to diverse areas and there are doubts about the one in
that locates the relevant element for determination of territorial competence, is
competent for him to know the court of any of the areas, preferring the
of that where there first has been news of the crime.
2-If the location of the relevant element is unknown, it is competent the court of
area where first there has been news of the crime.
Article 22.
Crime committed abroad
1-If the crime is committed abroad, it is competent for him to know the court
of the area where the agent has been found or of his / her domicile. When still
so it is not possible to determine the competence, this one belongs to the court of the area
where first there has been news of the crime.
2-If the crime is committed in part abroad, it is competent for him to know the
court of the national area where the last relevant act has been practiced, in the
terms of the previous provisions.
Article 23.
Process concerning magistrate
1-If in a proceeding is offended, person with the faculty of constituting an assistant or
civil part a magistrate, and for the proceedings to have jurisdiction the court where the
magistrate exercises, it is competent, in accordance with the rules of distribution,
other judgment or section of that court.
2-If it is not possible to apply the provisions of the preceding paragraph, it shall be competent to the court of
same hierarchy or species with nearest headquarters.
SECTION III
Competence by connection
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Article 24.
Connection cases
1-There is connection of processes when:
a) The same agent has committed several crimes through the same action or
Omission;
b) The same agent has committed several crimes, on the same occasion or place,
being a cause or effect of others, or targeting ones to continue or to
hide the others;
c) The same crime has been committed by several agents in comparticipation;
d) Several agents have committed various crimes in comparticipation, in the
same occasion or place, being a cause or effect of the others, or destinating-
if one continues or conceals the others; or
e) Several agents have committed multiple crimes reciprocally in the same
occasion or place.
2-A connection only operates in respect of the processes that meet
simultaneously at the stage of inquiry, instruction or trial.
Article 25.
Connection of proceedings of the jurisdiction of courts based in the same comarch
In addition to the cases provided for in the previous article, there is still connection of processes when
the same agent has committed several crimes whose knowledge is of the competence
of courts with registered office in the same comarch, pursuant to Articles 19 and following.
Article 26.
Limits to the connection
The connection does not operate between processes that are and processes that are not from the
jurisdiction of courts of minors.
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Article 27.
Material and functional competence determined by the connection
If the related processes should be in the jurisdiction of courts of different
hierarchy or species, is competent for all the court of hierarchy or species more
high.
Article 28.
Competency determined by the connection
If the processes should be in the jurisdiction of courts with jurisdiction in different
areas or with registered office in the same comarch, is competent to know from all:
a) The competent court to know of the crime to which it was most serious punishment;
b) In the case of crimes of equal gravity, the court to whose order the accused
is in jail or, if there are several arrested defendants, the one to the order of which
is stuck the largest number;
c) If there are no defendants arrested or their number is equal, the court of the area
where first there has been news of any of the crimes.
Article 29.
Unity and apensation of the processes
1-For all the crimes determinant of a connection, pursuant to the provisions
previous, it organizes a single process.
2-If separate processes have already been instituted, as soon as the connection is
recognized proceeds to the apensation of all to those who respect the crime
determinant of competence by connection.
Article 30.
Separation of processes
1-Officially, or the application of the Public Prosecutor's Office, of the Assistant,
or from the injured, the court makes cessation of the connection and orders the separation of some or
some processes whenever:
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a) There is in the separation a ponderous and attentive interest of any defendants,
notably in the non-prolongation of preventive detention;
b) The connection can pose a grave risk to the punitive pretension of the
State, for the interest of the offending or the aggrieved;
c) The connection can overly delay the judgment of any of the
defendants; or
d) There is a statement of contumacy, or the trial proceeding in the absence of
one or some of the defendants and the court has as more convenient to
separation of processes.
2-A The requirement of some or some of the defendants, the court may still take the
providence referred to in the preceding paragraph when another or other of the defendants
have required the intervention of the jury.
3-The requirement referred to in the principle of the preceding paragraph takes place in the eight days
subsequent to the notification of the order which has admitted to the intervention of the jury.
Article 31.
Extension of competence
The competence determined by connection, in the terms of the preceding Articles, remains:
a) Even if, in respect of the crime or the crimes determinant of the
competence by connection, the court professes an acquitus or the
criminal liability if extinct before trial;
b) For the knowledge of the separate proceedings pursuant to Art. 30 (1).
CHAPTER III
From the statement of incompetence
Article 32.
Knowledge and deduction of incompetence
1-A incompetence of the court is by this known and declared officiously and may
be deducted by the Public Prosecutor's Office, by the accused and by the assistant to the transit
on trial of the final decision.
2-Dealing with territorial incompetence, it can only be deducted and declared:
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a) Until the beginning of the instructional debate, dealing with a judge of instruction; or
b) Until the beginning of the trial hearing, addressing the court of
trial.
Article 33.
Effects of the declaration of incompetence
1-Declared the incompetence of the court, the case is referred to the court
competent, which annulates the acts that if they would not have practiced if before he had
correct the process and orders the repetition of the necessary acts to know from the
cause.
2-The court declared incompetent to practise the urgent procedural acts.
3-The coatings or guarantee measures ordered by the court declared
incompetent conserves effectiveness even after the declaration of incompetence, but
must, at the earliest time, be convalidated or infirmed by the court
competent.
4-If you are to know of a crime are not competent the Portuguese courts, the
process is filed.
CHAPTER IV
Of conflicts of competence
Article 34.
Cases of conflict and their cessation
1-There is conflict, positive or negative, of competence when, in any state of the
process, two or more courts, of different or of the same species, if they consider
competent or incompetent to know of the same crime charged to the same
argued.
2-The conflict cesses as soon as one of the courts declarates itself, even officiously,
incompetent or competent, the case said.
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Article 35.
Denunciation of the conflict
1-The court, as soon as it becomes aware of the conflict, raises it together with the competent court
to decide it, pursuant to Articles 11 and 12, by referring to you copy of the acts and
all the elements necessary for its resolution, with indication from the Ministry
Public, from the defendants, the assistant and the respective lawyers.
2-The conflict may be aroused also by the Public Prosecutor's Office, by the accused or by the
assistant upon application addressed to the competent body for the resolution,
containing the indication of the decisions and the conflicting positions, to which the
elements mentioned in the final part of the previous number.
3-A The complaint or the requirement set out in the preceding paragraphs shall not affect the
realization of the urgent procedural acts.
Article 36.
Resolution of the conflict
1-The competent body to address the conflict sends the autos with a view to the Ministry
Public and notifies the procedural subjects who have not raised the conflict to,
in all cases, they claim within 5 days after which, and after they have collected the
information and the evidence that it reputes necessary, resolves the conflict.
2-A The decision on the conflict is irrecurrable.
3-A The decision is immediately communicated to the courts in conflict and to the Ministry
Public with them and notified to the accused and the assistant.
4-It is correspondingly applicable to the provisions of Article 33 (3).
CHAPTER V
From obstruction to the exercise of jurisdiction
Article 37.
Assumptions and effect
When, in any state of the process subsequent to the dispatch that designates day to
hearing, by virtue of serious local situations idogenous to disrupt development
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of the process:
a) The exercise of jurisdiction by the competent court if it proves to be prevented or
severely impeded;
b) For the receding of that exercise serious danger to safety or
public tranquility; or
c) The freedom of determination of the participants in the process to be found
severely compromised;
competence is assigned to another court of the same species and hierarchy where
the obstruction predictably if it does not check and that one finds the closest
possible from the obstructed.
Article 38.
Assessment and decision
1-It is up to the criminal sections of the Supreme Court to decide on the application for
allocation of competence directed to him by the obstructed court, by the
Prosecutor's Office, by the defendants, by the assistant or the civil parties. The order is
soon accompanied by the relevant elements for the decision.
2-It is correspondingly applicable to the provisions of paragraphs 1 and 3 of Article 36, as well as
in Article 33 (3)
3-The application for attribution of competence has no suspensive effect, but this may
be conferred upon him, attests to the circumstances of the case, by the competent court for the
decision. In this case the obstructed court practises the urgent procedural acts.
4-If the application is deinjured, the designated court declares whether and to what extent the acts
procedurals already practiced conserving efficacy or should be repeated before it.
5-If the request of the accused, the assistant or the civil parties is considered
manifestly unfounded, the applicant is sentenced to the payment of a sum
between 6 UC and 20 UC.
CHAPTER VI
Of the impediments, refusals and escuses
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Article 39.
Impediments
1-No judge can exercise his or her function in a criminal case:
a) When it is, or has been, spouse or legal representative of the accused, of the
offended or person with the faculty of constituting an assistant or civil party
or when with any of these people live or have lived in conditions
analogous to those of the spouses;
b) When he, or his spouse, or the person who with him live in conditions
analogous to those of the spouses, is ascending, descending, relative to the 3. degree,
tutor or curator, adopter or adopted from the accused, of the offending or the person
with the faculty of constituting an assistant or civil party or for the purpose of these until
to that degree;
c) When you have intervenor in the process as a representative of the Ministry
Public, criminal police body, defender, attorney for the assistant or the
civil or expert part; or
d) When, in the process, it has been heard or duty to be seen as a witness.
2-If the judge has been offered as a witness, he declares, under commitment of honor,
by dispatching in the autos, if you are aware of facts that may influence in the
decision of the cause. If so, the hindrance occurs; in a negative case
stops being a witness.
3-Cannot perform duties, to any title, in the same process judges who are
between themselves spouses, relatives or related to the 3 degree or living in conditions
analogous to those of the spouses.
Article 40.
Impediment by participation in process
No judge may intervene in judgment, appeal or request for review relating to
process in which it has:
f) Applied measure of coaction provided for in Articles 200 to 202;
g) Presiding over the instructory debate;
h) Participated in a previous trial;
i) Delivered or participated in a decision to appeal or request for review
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previous;
j) Refused the filing in case of a penalty waiver, the provisional suspension
or the sumptiest form for disagreeing with the proposed sanction.
Article 41.
Declaration of impediment and its effect
1-The judge who has any impediment in the terms of the previous articles declares it
immediately by dispatching in the autos.
2-A Declaration of impediment may be required by the Public Prosecutor's Office or by the
argued, by the assistant or the civil parties as soon as they are admitted to intervene in the
process, in any state of this; to the application are together the elements
vouchers. The targeted judge proffers the order within a maximum of five days.
3-Acts practiced by unimpeded judge are void, unless they are unable to be repeated
usefully and if it is found that they do not result in injury to the justice of the decision of the
process.
Article 42.
Feature
1-The dispatch in which the judge considers himself to be prevented is irrecurrable. From dispatch in
that he does not recognize impediment that he has been opposed to it is a resource for the
court immediately superior.
2-If the impediment is opposed to a judge of the Supreme Court of Justice, the appeal is
decided by the criminal section of this same Court without the participation of the visage.
3-The appeal has suspensive effect, without prejudice to being carried out, even by the
judge-vised, if this is indispensable, the urgent procedural acts.
Article 43.
Refuse and Scuses
1-A The intervention of a judge in the process can be refused when it runs the risk of being
deemed to be suspected, for there to be reason, serious and serious, appropriate to generate
distrust about your impartiality.
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2-May constitute grounds for refusal, pursuant to paragraph 1, the intervention of the judge
in another process or in earlier stages of the same process outside the cases of the article
40.
3-A refusal may be required by the Public Prosecutor's Office, by the accused, by the assistant or
by the civil parties.
4-The judge cannot voluntarily declare himself suspicious, but can ask the court
competent to make it possible to intervene when the conditions of the n. 1 and
2.
5-Procedural acts carried out by judge refused or escussed so far in
that the refusal or the escussion are requested are only quashed when it is found that
of them results in injury to the justice of the decision of the case; the practiced
later are only valid if they cannot be repeated usefully and if if
check that they do not result in injury to the justice of the decision of the case.
Article 44.
Deadlines
The application for refusal and the application for escussion are admissible until the beginning of the
hearing, until the beginning of the conference in the resources or until the beginning of the debate
instructor. They are only subsequently, until the sentence, or until the instructional decision, when
the facts invoked as grounds have taken place, or have been known
by the invocant, after the beginning of the hearing or the debate.
Article 45.
Process and decision
1-The application for refusal and the application for escusa must be submitted, together
with the elements in which they are founded, in the face of:
a) The court immediately superior;
b) The criminal section of the Supreme Court of Justice, dealing with judge to him
belonging, deciding the one without the participation of the visado.
2-After submitted the application or the application provided for in the preceding paragraph, the
a vised judge practices only the urgent or necessary procedural acts for
ensure continuity of the hearing.
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3-The presiding judge pronounced on the application, in writing, in five days,
joining soon the supporting elements.
4-The court, if it does not soon refuse the application or the application for manifestly
unfounded, orders the necessary proofs to the decision.
5-The court has a time limit of 30 days, counting from the delivery of the respective
application or request, to decide on the refusal or the escuses.
6-A The decision provided in the preceding paragraph is irrecurrable.
7-If the court refuses the application of the accused, the assistant or the civil parties
by manifestly unfounded, condemns the applicant for the payment of a sum
between 6 UC and 20 UC.
Article 46.
Later terms
The unimpeded, refused or escussed judge soon referred the case to the judge who, of harmony
with the laws of judicial organization, should replace it.
Article 47.
Extension of the regime of impediments, refusals and escuses
1-The provisions of this Chapter shall apply, with the necessary adaptations,
particularly the constants of the following numbers, the experts, interpreters and
officials of justice.
2-A declaration of impediment and its application, as well as the requirement for
refusal and the request for escussion, are directed to the court or to the investigating judge before
them to run the process in which the incident is raised and are by them appreciated and
immediate and definitely decided, without submission to special formalism.
3-If there is no who lawfully replaces the prevented, refused, or escussed, the
court or the judge of instruction designate the substitute.
Title II
From the Public Prosecutor's Office and the criminal police bodies
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Article 48.
Legitimacy
The Public Prosecutor's Office has legitimacy to promote the criminal proceedings, with the
constant restrictions of Articles 49 to 52.
Article 49.
Legitimacy in complaint dependent procedure
1-When the criminal procedure depends on grievance, the offending or other
people, it is necessary for such people to give knowledge of the fact to the Ministry
Public, for this one to promote the process.
2-For the purpose of the preceding paragraph, the complaint is considered to be made to the Public Prosecutor's Office
directed to any other entity that has the legal obligation to transmit it to that.
3-A The complaint may be filed by the holder of the respective right, by mandatary
judicial or by mandatary munched of special powers.
4-The provisions of the preceding paragraphs are correspondingly applicable to cases in
that the criminal procedure depends on the participation of any authority.
Article 50.
Legitimacy in a particular charge dependent procedure
1-When the criminal procedure depends on particular charge, the offending or
of other persons, it is necessary for such persons to complain, if they constitute
assistants and deduct particular charge.
2-The Public Prosecutor's Office proceeds officiously to any representations that judge
indispensable to the discovery of the truth and couberin in its competence, participates
in all the procedural acts in which the particular charge intercomes, charges
jointly with this and avails itself autonomously of the court decisions.
3-It is correspondingly applicable to the provisions of paragraph 3 of the preceding Article.
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Article 51.
Homologation of the dismissals of the complaint or of the particular charge
1-In the cases provided for in Articles 49 and 50, the intervention of the Public Prosecutor's Office in the
process cesses with the homologation of the dismissals of the complaint or the prosecution
particular.
2-If the knowledge of the desistance takes place during the investigation, the homologation
it is up to the Public Prosecutor's Office; if it takes place during the instruction or the trial, it
it is up to the judge of instruction or the president of the court, respectively.
3-As soon as taking notice of the desistance, the competent judicial authority
for type-approval notifies the accused to, in five days, declare, without
need for reasons, if it is opposed. The lack of declaration amounts to
non-opposition.
4-If the accused has no defender appointed and is unknown to his whereabouts, the
notification referred to in the preceding paragraph shall be carried out editorially.
Article 52.
Legitimacy in the case of a crime contest
1-In the case of a crime contest, the Public Prosecutor's Office immediately promotes the
process by those so that it has legitimacy, if the criminal procedure by the
more serious crime not dependent on complaint or particular charge, or if the crimes
are of equal gravity.
2-If the crime by which the Public Prosecutor's Office can promote the process is of a minor
gravity, the persons to whom the law confers the right of complaint or charge
particular are notified to declare, in five days, whether or not they want to use
of that right. If they declare:
a) Who do not intend to file charges, or do nothing to declare, the Ministry
Public promotes the process for the crimes it can promote;
b) Who wish to make a complaint, this is considered to be presented.
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Article 53.
Position and remit of the Public Prosecutor in the process
1-Compete to the Public Prosecutor's Office, in the criminal proceedings, to collaborate with the court in the
discovery of the truth and in the realization of the right, obeying in all
procedural interventions to criteria of strict objectivity.
2-Compete in particular to the Public Prosecutor's Office:
a) Receive the complaints, complaints and shareholdings and appreciate the follow-up to
give-lhes;
b) Driving the inquiry;
c) Deduct prosecution and sustain it effectively in the instruction and the trial;
d) Interacting resources, albeit in the exclusive interest of the defence;
e) Promote the execution of the penalties and security measures.
Article 54.
Impediments, refusals and escuses
1-The provisions of Chapter VI of Title I are correspondingly applicable, with
the necessary adaptations, in particular the constants of the following numbers, to the
magistrates of the prosecutor's office.
2-A declaration of impediment and its application, as well as the requirement for
refusal and the request for escusa, are directed to the hierarchical superior of the magistrate in
cause and by that cherished and definitely decided, without obedience to
special formalism; being targeted by the Attorney General of the Republic, the competence
it is up to the criminal section of the Supreme Court of Justice.
3-A The competent entity for the decision, pursuant to the preceding paragraph, designates the
replacement of the prevented, refused or escused.
Article 55.
Competence of the criminal police bodies
1-Compete to the criminal police bodies coadjuvating the judicial authorities with
a view to the realization of the purposes of the process.
2-Compete in particular to the organs of criminal police, even on their own initiative,
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pick up news of the crimes and prevent as much as possible their consequences, find out
your agents and carry out the necessary and urgent acts to ensure
the means of proof.
Article 56.
Orientation and functional dependence of the criminal police organs
In 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 in their functional dependence.
Title III
Of the accused and his defender
Article 57.
Quality of defendants
1-Assume the quality of defendants all the one against whom it is deducted prosecution or
required instruction in a criminal case.
2-A The quality of defendants retains during the whole course of the process.
3-It is correspondingly applicable to the provisions of paragraphs 2, 3 and 4 of the following article.
Article 58.
Constitution of defendants
1-Without prejudice to the provisions of the preceding Article, the constitution of defendants shall be binding
as soon as:
a) Running inquiry against determined person in relation to which there is suspicion
founded from the practice of crime, this one providing statements in the face of any
judicial authority or criminal police organ;
b) Has to be applied to any person a measure of coaction or of
equity guarantee;
c) A suspect is arrested, on the terms and for the purposes set out in Articles 254.
at 261.; or
d) It is raised self-made news that gives a person as an agent of a crime and
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the one is communicated to you, save if the news is manifestly unfounded.
2-A The constitution of defendants operates through communication, oral or in writing, made
to the one targeted by a judicial authority or a criminal police body, of which the
from that time the one must consider itself to be argued in a criminal case and the
indication and, if necessary, explanation of the procedural rights and duties referred to in the
article 61 that for that reason go on to fit him.
3-A The constitution of defendants made by the criminal police body is communicated to the
judicial authority within 10 days and by this appreciated, in order to its
validation, within 10 days.
4-A The constitution of defendants implies the delivery, where possible in the act itself, of
document that they build on the identification of the process and the defender, if the latter has
have been appointed, and the rights and procedural duties referred to in Article 61.
5-A omission or violation of the formalities provided for in the preceding paragraphs implies
that the statements provided by the target person may not be used as
proof.
6-A non-validation of the constitution of defendants by the judicial authority is without prejudice
the evidence previously obtained.
Article 59.
Other cases of constitution of defendants
1-If, during any respondent made the person who is not to be argued, founded
suspicion of crime by it committed, the entity carrying out the act suspending it
immediately and carry out the communication and referral referred to in paragraph 2 of the article
previous.
2-A person on whom relapt suspected to have committed a crime has a right to be
constituted, at its request, as argued whenever they are being carried out
representations, intended to substantiate the imputation, which personally affect it.
3-It is correspondingly applicable to the provisions of paragraphs 3 and 4 of the preceding Article.
Article 60.
Procedural position
From the moment a person acquiring the quality of defendants is assured
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the exercise of rights and procedural duties, without prejudice to the implementation of measures
of coating and guarantee equity and the effectivation of probate representations, in the
terms specified in the law.
Article 61.
Procedural rights and duties
1-The accused shall enjoy, in particular, at any stage of the proceedings and, save the exceptions of the
law, the rights of:
a) Be present with the procedural acts that directly dismiss you;
b) Be heard by the court or the investigating judge whenever they should
take any decision that personally affects you;
c) Be informed of the facts that are charged to you before you provide statements
before any entity;
d) Not to answer questions asked, by any entity, on the facts that
are imputed to you and about the content of statements that about them
provide;
e) Choose defender or request the court to appoint you one;
f) Be assisted by advocate in all of the procedural acts in which to participate and,
when detained, communicate, even in private, with him;
g) Intervening in the survey and instruction, offering evidence and requiring the
moves that appear to be necessary;
h) Be informed, by the judicial authority or by the criminal police body
before which you are obliged to attend, of the rights you assist;
i) To appeal, under the law, of decisions that are unfavourable to you.
2-A Private communication referred to in paragraph (f) of the preceding paragraph takes place in sight
when so they would impose security reasons, but in conditions of not being
heard by the in-charge of the surveillance.
3-Recaem in particular on the accused the duties of:
a) Appear before the judge, the prosecutor's office or the police bodies
criminal whenever the law requires it and for this to have been duly convened;
b) Responding with truth to questions asked by competent entity about the
your identity and, when the law imposes it, on your criminal background;
c) Provide term of identity and residence as soon as you assume the quality of
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argued;
d) Subject to proof representations and coping and warranty measures
patrimonial specified in law and ordered and carried out by entity
competent.
Article 62.
Defender
1-The defendants may constitute counsel at any time of the proceedings.
2-In cases where the law determines that the accused is assisted by defender and that
the unconstituted or the non-constitute, the judge appoints lawyer or lawyer
trainee, but the appointed defender cesses roles as soon as the accused constitute
lawyer
3-A The appointment referred to in the preceding paragraph may be made:
a) In the cases provided for in Art. 64 (1) (c) by the Public Prosecutor's Office or
by criminal police authority;
b) In the cases provided for in Articles 64, paragraph 3, and 143 (2) by the Ministry
Public.
4-Having the accused more than a defender constituted, notifications are made
to the one indicated in the first place in the act of constitution.
Article 63.
Rights of the defender
1-The defender exercises the rights that the law recognizes to the accused, save for those she
book personally at this one.
2-The accused can derive effectiveness from the act carried out in his name by the defender, since
do so by express statement prior to the decision on that act.
Article 64.
Mandatory assistance
1-It is mandatory the assistance of the defender:
a) In the interrogations of defendants arrested or arrested;
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b) In the instructory debate and at the hearing, save by dealing with proceedings that do not
can give way to the application of prison sentence or security measure of
internment;
c) In any procedural act, except for the constitution of defendants, always
may the accused be blind, deaf, mute, illiterate, unaware of the language
portuguese, smaller than 21 years old, or raise the question of your inimitability
or of its diminished attributability;
d) In the ordinary or extraordinary resources;
e) In the cases referred to in Articles 271 and 294;
f) At the trial hearing held in the absence of the accused;
g) In the remaining cases that the law determines.
2-Out of the cases provided for in the preceding paragraph may the court appoint defender to the
argued, officiously or at the request of this, whenever the circumstances of the case
to reveal the necessity or the convenience of the accused being assisted.
3-Without prejudice to the provisions of the preceding paragraphs, if the accused does not have a lawyer
constituted nor defender appointed, the appointment of defender in the
termination dispatch of the investigation, when against it is deducted from prosecution.
4-In the case provided for in the preceding paragraph, the accused shall be informed, in the order of
prosecution, of which it is obliged, should it be convicted, to pay the fees of the
officious defender, unless he is granted judicial support, and who can proceed to the
replacement of that defender upon the constitution of lawyer.
Article 65.
Assistance to several defendants
1-Being several defendants in the same process, can they be assisted by a
only defender, if that does not contrads the function of the defence.
2-If one or some of the defendants housed constituted lawyer and others do not, the
court may appoint, from among the lawyers constituted, one or more who take the
defense of the other defendants, if this does not counteract the function of the defense.
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Article 66.
Defender appointed
1-A The nomination of defender is notified to the accused and the defender when they are not
present in the act.
2-The appointed defender may be relieved of the sponsorship if it alleges that the
court julgue fair.
3-The court can always replace the appointed defender, the application of the accused,
for just cause.
4-As long as it is not replaced, the defender appointed for an act remains for the
subsequent acts of the process.
5-The exercise of the appointed defender function is always remunerated, in the terms and in the
quantitative to be fixed by the court, within constant limits of approved tables
by the Ministry of Justice or, failing that, paying attention to the honorariums
often paid for services of the genus and relief of those provided.
By the retribution they are responsible, as the case may be, the accused, the assistant, the parties
civilians or the coffers of the Ministry of Justice.
Article 67.
Replacement of defender
1-If the defender, in respect of an act in which assistance is necessary, does not
attend, if absent before finished or refusing or abandoning the defense, the
court immediately appoints another defender; but it may as well, when the
immediate appointment if it proves impossible or inconvenient, to decide for a
interruption of the achievement of the act.
2-If the defender is replaced during the instructor-led debate or the hearing, may the
court, officiously or the application of the new defender, grant a
interruption, so that the one can confer with the accused and examine the autos.
3-Instead of the interruption to which the previous figures refer, can the court
decide, if this is absolutely necessary, for a postponement of the act or of the
hearing, which cannot, however, be more than five days.
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Title IV
From the wizard
Article 68.
Assistant
1-Can constitute assistants in the criminal case, in addition to persons and entities to
who special laws confer that right:
a) The offending, considering themselves as such the holders of the interests that the law
especially wanted to protect with framing, as long as larger than 16
years;
b) The persons from whose complaint or particular charge depend on the procedure;
c) In the event that the offending dies without having waived the complaint, the spouse
survive not separate judicially from people and goods or the person, from another
or of the same sex, which with the offending lived in conditions analogous to those of the
spouses, the descendants and adopted, ascending and adopters, or, in the absence
of them, siblings and their descendants, save if any of these people there are
participated in the crime;
d) In the event that the offending is less than 16 years old or for another reason incapable, the
legal representative and, failing that, the persons indicated in the preceding paragraph,
by the order referred to therein, unless any of them have been engaged in the
crime;
e) Any person in the crimes against peace and humanity, as well as in the
trafficking offences of influence, personal favorability practiced by
employee, denigration of justice, prevarication, corruption, embezzle,
economic participation in business, abuse of power and fraud in obtaining
or deviation from subsidy or grant.
2-Dealing with a particular charge-dependent procedure, the application
takes place within 10 days of the warning referred to in paragraph 4 of the article
246.
3-Assistants can intervene at any time in the process, accepting it in the state
where to be found, as long as they require it to the judge:
a) Up to five days before the start of the instructory debate or the hearing of
trial;
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b) In the cases of Articles 284 and 287, paragraph 1 (1) b ), on the deadline set for
the practice of the respective acts.
4-The judge, after giving the Public Prosecutor's Office and the accused the possibility of
pronount on the application, decides by order which is soon notified
to those.
5-During the investigation, the constitution of assistant and the incidents to it concerning
may run separately, with junction of the necessary elements to the decision.
Article 69.
Procedural position and assignments of the assistants
1-The assistants have the position of collaborators of the Public Prosecutor's Office, the
activity subordinate to its intervention in the process, saved the exceptions of the law.
2-Compete in particular to the assistants:
a) Intervening in the survey and instruction, offering evidence and requiring the
representations that appear necessary;
b) Deduct prosecution independent from that of the Public Prosecutor's Office and, in the case of
procedure dependent on particular charge, yet the one not
deduct;
c) Interacting with the decisions that affect them, even if the Public Prosecutor's Office
the didn't do it.
Article 70.
Judicial representation of assistants
1-The assistants are always represented by counsel. There are several assistants,
are all represented by one lawyer. If you diverge as to the choice,
decides the judge.
2-Ressalva of the provisions of the second part of the preceding paragraph the case of there being between
the various incompatible assistant interests, as well as that of being different the
crimes imputed to the accused. In the latter case, each group of people to whom the law
allowing the constitution as an assistant for each of the crimes may constitute a
counsel, however, not being however lawful for each person to have more than one representative.
3-Assistants may be accompanied by counsel in the representations in which
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intervibe.
Title V
Of the civil parties
Article 71.
Principle of accession
The civil indemnity claim founded on the practice of a crime is deducted in the proceedings
the respective criminal case, only the may be separately, before the civil court, in cases
provided for in the law.
Article 72.
Order in separate
1-The application for civil damages can be deducted separately, before the court
civil, when:
a) The criminal case has not led to the prosecution within eight months of counting
of the news of the crime, or is without progress during that time lapse;
b) The criminal proceedings have been filed or suspended provisionally, or the
procedure if it has extinguished before the trial;
c) The procedure depends on a particular complaint or charge;
d) There is no further damage to the time of the prosecution, these are not known or
are not known to the full extent;
e) The criminal sentence has not commented on the claim for damages
civil, pursuant to Art. 82 (3);
f) It is deducted against the accused and other persons with responsibility
merely civil, or only against these there has been provoked, in that action, the
principal intervention of the accused;
g) The value of the application will allow the civil intervention of the collective court, and the
criminal proceedings run before the natural court;
h) The criminal proceedings run in the summary or summary form;
i) The injured person has not been informed of the possibility of deducting the civil application
in the criminal procedure or notified to do so, pursuant to Articles 75 (1),
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and 77, paragraph 2.
2-In the event that the procedure depends on a particular complaint or charge, the preview
deduction of the application before the civil court by the persons with a right of complaint or
prosecution is worth a waiver of this right.
Article 73.
Persons with merely civil liability
1-The request for civil damages can be deducted against persons with
merely civil liability and these may voluntarily intervene in the
criminal proceedings.
2-A voluntary intervention prevents people with merely civil liability
of practicing acts that the accused has lost the right to practise.
Article 74.
Legitimacy and procedural powers
1-The claim for civil damages is deducted by the aggrieved, understanding itself as such a
person who has suffered damage occasioned by the crime, even if it has not constituted
or may not constitute an assistant.
2-A The procedural intervention of the aggrieved is restricted to the sustainment and proof of the request for
civil indemnity, by competing with him, correspondingly, the rights that the law
conferides to the assistants.
3-The respondent and the actors have procedural position identical to that of the accused
as to the livelihood and proof of civil issues adjudicated in the process, being
independent each of the defences.
Article 75.
Duty of information
1-As soon as, in the course of the investigation, they take notice of the existence of
possible aggrieved, the judicial authorities and the criminal police organs must
inform them of the possibility of deducting civil compensation claim in
criminal procedure and the formalities to be observed.
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2-Who has been informed that he / she can deduct civil damages claim in the
terms of the previous number, or, failing to do so, if you consider aggrieved, may
manifest in the process, up to the closure of the survey, the purpose of doing so.
Article 76.
Representation
1-The aggrieved may make himself represented by lawyer, the representation being obligatory
where, on the grounds of the value of the application, if deducted separately, be
compulsory the constitution of lawyer, under the law of civil procedure.
2-The respondent and the actors must make themselves represented by counsel.
3-Compete to the Public Prosecutor's Office to formulate the application for civil damages in
representation of the State and other persons and interests whose representation it is
assigned by law.
Article 77.
Formulation of the application
1-When presented by the Public Prosecutor's Office or by the Assistant, the application is deducted
on the charge or, on an articulated application, within the time frame in which this must be
formulated.
2-The aggrieved that has manifested the purpose of deducting claim for civil damages,
pursuant to Art. 75, paragraph 2, is notified of the order of prosecution, or, not the
going on, from the pronunciation dispatch, if to it there is place, to, wanting, to deduce the
application, on an articulated application, within 20 days.
3-If it has not manifested the purpose of deducting claim for damages or if not
has been notified under the terms of the preceding paragraph, the injured person may deduct the application
up to 20 days after the accused is notified the dispatch of prosecution or, if not
there is, the pronunciation dispatch.
4-When, on the grounds of the value of the application, if deducted separately, it was not
compulsory the constitution of lawyer, the aggrieved, in the time limits set out in the
previous figures, may require that you be arbitrated for civil damages. The
application is not subject to special formalities and may consist of
statement in auto, with indication of the injury suffered and the evidence.
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5-Except in the cases provided for in the preceding paragraph, the request for civil damages shall be
accompanied by duplicates for the respondent and for the secretarship.
Article 78.
Contestation
1-A person against whom it is deducted for civil damages claim is notified to,
wanting, contesting within 20 days.
2-A contestation is deducted by articles.
3-A The lack of contention does not imply confession of the facts.
Article 79.
Evidence
1-The evidence is required with the joints.
2-Each applicant, defendant or intervener may burrow witnesses in number
not more than 10 or 5, depending on whether or not the value of the application exceeds the remit of the
relation in cable matter.
Article 80.
Judgment
The injured, the respondent and the interveners are required to appear at the trial
only when they have to provide statements to which they are unable to refuse.
Article 81.
Renunciation, desistance and conversion of the application
The aggrieved may, at any time in the process:
a) Waive the right to civil damages and give up the formulated application;
b) Require that the subject matter of the indemnity be converted into
different heritage attribution, provided that it is provided for in the law.
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Article 82.
Settlement in execution of sentence and referral to civil courts
1-If it does not dispose of bastant elements to fix the indemnity, the court
condemns in what is settled in execution of sentence. In this case, the run runs
before the civil court, serving as an executive title the criminal sentence.
2-It may, however, the court, officiously or the application, establish a
provisional compensation on account of the compensation to be set at a later date, if
expenditability of bastant elements, and gives you the effect provided for in the following article.
3-The court may, officiously or on the application, refer the parties to the
civil courts when the issues raised by the request for civil damages
make it impossible to make a rigorous decision or are likely to generate incidents that
retards intolerably the criminal process.
Article 82-The
Repair of the victim in special cases
1-Not having been deducted request for civil damages in the criminal proceedings or in
separate, in accordance with Articles 72 and 77, the court, in the event of a conviction,
can arbitrate an amount in the title of reparation for the damages suffered when
particular demands for protection of the victim impose it.
2-In the case provided for in the preceding paragraph, respect for the adversarial is ensured.
3-A The amount arbitrated for redress is taken into account in action that comes to
know of civil request for compensation.
Article 83.
Provisional enforceability
The aggrieved's application, the court may declare the conviction in damages
civil, in whole or in part, provisionally executive, in particular in the form of
pension.
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Article 84.
Case judged
The criminal decision, even if absolute, to know from the civil application constitutes a case
judged on the terms under which the law ascribe case effectiveness of the civil judgments.
BOOK II
Of procedural acts
Title I
General provisions
Article 85.
Maintenance of the order in the procedural acts
1-Compete to the judicial authorities, the criminal police authorities and the
officials to regulate the proceedings and maintain the order in the procedural acts to
to preside or to address, by taking the necessary arrangements against whom
disrupt the course of the respective acts.
2-If the prevaricator should still intervene or be present on the day itself, in an act
chaired by the judge, this order, if necessary, that the one be held up to the height of the
your intervention, or during the time when your presence is indispensable.
3-Checking, in the course of a procedural act, the practice of any infringement, the
competent entity, in accordance with paragraph 1, raises or sends up auto and, if it is
case, holds or sends detain the agent, for the purpose of procedure.
4-For maintenance of the order in the procedural acts requisite, whenever
necessary, the aid of the public force, to which it is subjected, to the effect, to power
of the direction of the judicial authority presiding over the act.
Article 86.
Publicity of the process and secret of justice
1-The criminal procedure is, under penalty of nullity, public, ressaving the exceptions
provided for in the law.
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2-The process is subject to secret of justice until the expiry of the deadline to apply for
opening of the instruction, except if the Prosecutor's Office determines its publicity.
3-The prosecutor's office determines the publicity of the process, at any time
of the investigation, upon application or with the concordance of the accused, when
understand that the cessation of secrecy is without prejudice to the investigation and the rights of the
procedural participants or victims.
4-In the event that the defendants apply for publicity but the Public Prosecutor's Office not
determine, the autos are remitted to the judge, who decides, by unappeasable dispatch,
after hearing the offending, if the proceedings remain subject to secret of justice or if
makes it public.
5-The process remains subject to secrecy from justice to the transit on trial of the
instructional decision, if the accused declarates that he is opposed to advertising.
6-If the opening of the instruction is required by the accused, the statement referred to in the
previous paragraph shall be carried out in the respective application and if it is required
by the assistant shall be carried out within 10 days of the notification of the
opening dispatch of the instruction.
7-The defendants may revoke the declaration provided for in paragraph 5 at any time of the
instruction.
8-Havendo several defendants, the publicity of the case, pursuant to n. 3 a to 7,
depends on the concordance of all.
9-A publicity of the process implies, in the terms defined by the law and in particular,
by the following articles, the rights to:
a) Assistance, by the general public, to the realization of the procedural acts,
excepting those that take place during the inquiry and instruction;
b) Narration of the procedural acts, or reproduction of its terms, by the means
of social communication;
c) Consultation of the auto and obtaining of copies, extracts and certificates of any
parts of it.
10-A advertising does not cover data relating to the reservation of private life other than
constitute means of proof. The judicial authority specifies, by dispatching,
officiously or the application, the elements for which it is maintained
the secret of justice, ordering, if any, their destruction or that they are
delivered to the person to whom they disrespect.
11-The secret of justice binds all subjects and procedural participants, well
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such as persons who, by any title, have taken contact with the process
or knowledge of elements to it belonging, and implies the prohibitions of:
a) Assistance with the practice or knowledge of the content of act
procedural to which they do not have the right or the duty to attend;
b) Disclosure of the occurrence of a procedural act or its terms,
regardless of the reason that presiding over such disclosure.
12-A The judicial authority may, however, give or order or allow it to be given
knowledge to certain persons of the content of act or document in
secret of justice, if such does not puser into the investigation and appear:
a) Convenient to the clarification of the truth; or
b) Indispensable to the exercise of rights by the concerned.
13-The persons referred to in the preceding paragraph shall be, in any case, bound by the
secret of justice.
14-A judicial authority may authorize the passage of certificate in which it is given
knowledge of the content of act or document in secret of justice, since
that required the criminal nature process or the process instruction
discipline of a public nature, as well as the deduction of the claim for damages
civil.
15-If the process respects the accident caused by a ground circulation vehicle, the
judicial authority authorizes the passage of certificate:
a) Where knowledge of act or document in secret of justice is given,
for the purposes set out in the last part of the preceding paragraph and before
Application reasoned in the provisions of Article 72 (1) (1) a) ;
b) From the news self of the accident raised by police entity, to the effects of
extra-judicial composition of litigation in which it is interested entity
insurer for which it is transferred the civil liability.
16-The secret of justice does not prevent the provision of public clarifications by the
judicial authority, when they are necessary for the re-establishment of the truth and
do not undermine the investigation:
a) At the request of persons publicly called into question; or
b) To ensure the safety of people and goods or public tranquility.
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Article 87.
Assistance from the public to procedural acts
1-To the procedural acts declared public by the law, in particular to the hearings,
can watch any person. Officiously or at the request of the Ministry
Public, from the accused or the assistant may, however, the judge decide, by order,
restrict the free assistance of the public or that the act, or part of it, decorates with
exclusion of advertising.
2-The dispatching referred to in the second part of the preceding paragraph shall be founded on facts
or concrete circumstances that would make presuming that the publicity would cause serious
damage to the dignity of persons, public morals or the normal course of the act and shall
be revoked as soon as they cease the grounds that have given cause.
3-In case of prosecution for a crime of human trafficking or against freedom and
sexual self-determination, the procedural acts arise, as a rule, with exclusion from the
advertising.
4-Decorrating the act with exclusion from advertising, they can only watch people
that in it they have to intervene, as well as others that the judge admit for reasons
attendant, particularly of professional or scientific order.
5-A The exclusion of advertising does not cover, in any case, the reading of the sentence.
6-It does not imply restriction or exclusion of advertising, for the purpose of the provisions of
previous figures, the prohibition, by the judge, of the assistance of less than 18 years or of
who, for their behaviour, puser into question the dignity or discipline of the act.
Article 88.
Means of media
1-It is allowed to the media bodies, within the limits of the law, the narration
circumstantial of the content of procedural acts which if they do not find covered by
secret of justice or to whose course the assistance of the general public is permitted.
2-It is not, however, authorized, under penalty of simple disobedience:
a) The reproduction of procedural parts or embedded documents in the
process, up to the sentence of 1 th instance, save if they have been obtained
upon a certificate requested with mention of the end to which it is intended, or if to
such there has been express permission from the judicial authority presiding over the
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phase of the process at the time of publication;
b) The transmission or recording of images or sound outlets relating to the practice
of any procedural act, particularly of the hearing, save if the
judicial authority referred to in the preceding paragraph, by order, to authorise; not
may, however, be allowed the transmission or recording of images or taking of
sound relating to the person who the such opposes;
c) The publication, by any means, of the identity of victims of trafficking crimes
of people, against freedom and sexual self-determination, honour or reservation
of private life, except if the victim expressly consents to the revelation of the
your identity or if the crime is practiced through the communication organ
social.
3-Until the decision on the publicity of the hearing is not yet authorised, under penalty of
simple disobedience, the narration of procedural acts prior to that when the
judge, officialingly or the application, has prohibited it on the grounds of the facts
or circumstances referred to in paragraph 2 of the preceding Article.
4-It is not permitted, under penalty of simple disobedience, the publication, by any
medium, of talks or communications intercepted in the framework of a process,
save if they are not subject to secrecy of justice and the actors
expressly consent to the publication.
Article 89.
Consultation of auto and obtaining of certificate and information by procedural subjects
1-During enquiry, the accused, the assistant, the offending, the injured and the responsible
civil may consult, upon application, the process or elements of it
constants, as well as obtain the corresponding extracts, copies or certificates, save
when the Public Prosecutor's Office to this is opuser to consider, grounded,
which may prejudice the investigation or the rights of procedural participants or
of the victims.
2-If the Public Prosecutor's Office opposes the consultation or the obtaining of the elements provided for
in the preceding paragraph, the application is present to the judge, who decides by order
irrecursible.
3-For the purposes of the provisions of the preceding paragraphs, the self or the parts of the self
argued, the assistant, the offending, the aggrieved and the civil officer should have access are
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deposited in the registry, by photocopying and in avulso, without prejudice to the progress of the
process, and persisting for all the duty to keep a secret of justice.
4-When, in accordance with paragraphs 1 a to 3 of Article 86, the process becomes public, the
persons referred to in paragraph 1 may apply for the competent judicial authority to
free examination of the autos outside the Registry, and the order which authorizes it
set the deadline for the purpose.
5-They are correspondingly applicable to the hypothesis provided in the preceding paragraph
provisions of the law of civil procedure relating to the lack of restitution of the case
within the time frame; being the lack of the responsibility of the Public Prosecutor's Office, the
occurrence is communicated to the hierarchical superior.
6-Finds the deadlines set out in Article 276, the accused, the assistant and the offending
may consult with all elements of the proceeding, unless the investigating judge
determine, the Public Prosecutor's application, that access to the autos be
deferred for a maximum period of 3 months.
Article 90.
Consultation of auto and getting a certificate by other people
1-Any person who in this revealing legitimate interest may ask to be admitted to
consult self of a process that if you do not find it in secret of justice and that
be provided, at your expense, copy, extract or certificate of self or part of it.
On the application decides, by order, the judicial authority presiding at the stage at
that the process is found or that it has delivered the last decision.
2-A permission to consult self and obtain copy, extract or certificate realizes-
if without prejudice to the prohibition, which in the case to occur, of narration of the acts
procedural or reproduction of its terms through the means of communication
social.
Article 91.
Oath and commitment
1-The witnesses provide the following oath: " I swear, for my honour, to say the whole
truth and just the truth. "
2-The experts and the interpreters provide, at any stage of the process, the following
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commitment: " I commit, by my honour, to faithfully perform the
functions that are entrusted to me. "
3-The oath referred to in paragraph 1 shall be rendered before the competent judicial authority and
the commitment referred to in the preceding paragraph shall be provided to the authority
judicial or the competent criminal police authority, which it cautions
previously who the duty to provide from the sanctions in which it incurs if it refuses or
them to be missing.
4-A The refusal to take the oath or the commitment amounts to the refusal to depose or to
exercise the functions.
5-The oath and the commitment, once provided, do not need to be renewed
at the same stage of a same process.
6-Do not provide the oath and the commitment referred to in the preceding paragraphs:
a) The minors of 16 years;
b) The experts and the interpreters who are civil servants and intervibe in the
exercise of its functions.
Title II
In the form of the acts and their documentation
Article 92.
Language of acts and appointment of interpreter
1-In procedural acts, both written and oral, use the Portuguese language, under
penalty of nullity.
2-When there is to be intervening in the process person who does not know or not master the
portuguese language, is named, without charge to her, idoneo interpreter, albeit the
entity that presides over the act or any of the procedural participants meet the
language by the one used.
3-The accused can choose, without charge for him, interpreter other than the one predicted in the
previous number to translate the talks with your defender.
4-The interpreter is subject to secret of justice, in the general terms, and cannot reveal
the talks between the accused and his defender, whatever the phase of the proceedings in
which occur, under penalty of violation of the professional secret.
5-The evidence obtained by violation of the provisions of paragraphs 3 may not be used
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and 4.
6-It is also named interpreter when it becomes necessary to translate document
in foreign language and unaccompanied by authenticated translation.
7-The interpreter is appointed by judicial authority or criminal police authority.
8-The performance of the interpreter function is correspondingly applicable the willing
in Articles 153 and 162.
Article 93.
Participation of deaf, hearing impaired or mute
1-When a deaf, hearing impaired, or a mute should give statements,
the following rules are observed:
a) To the deaf or hearing impaired is appointed as an idoneo interpreter of sign language,
labial reading or written expression, as more appropriate to the situation of the
interested;
b) To the mute, if you know how to write, formulate yourself the questions orally,
responding in writing. In otherwise and where required to name it
idoneo interpreter.
2-A The lack of interpreter implies the postponement of the diligence.
3-The provisions of the preceding paragraphs shall apply in all stages of the procedure and
regardless of the position of the person concerned in the cause.
4-It is correspondingly applicable to the provisions of paragraphs 3 a to 5 of the preceding Article.
Article 94.
Written form of acts
1-Procedural acts that have to practise in the written form are drawn up from
perfectly readable mode, not containing blanks that are not
unutilized, nor entangles, rasures or amendments that are not resurred.
2-Can you use typewriters or word processors, in which case
certifying, prior to the signing, that the document has been fully reviewed and if
identifies the entity that has drawn up it.
3-Can also use pre-printed formulas, forms in support
electronic or stamping, to be completed with the respective text.
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4-In the event of manifest unlawfulness of the document, any procedural participant
interested can request, without charge, the respective dactilographic transcript.
5-The abbreviations to which there is to be used shall possess unequivocal meaning.
The dates and numbers can be written by digits, ressaved the indication by
extensive of the feathers, amounts indemnifying and other elements whose certainty
import acautelar.
6-It is mandatory to mention the day, month and year of the practice of the act, as well as, by treating yourself
of act that affects fundamental freedoms of the persons, of the hour of their occurrence,
with reference to the timing of the respective start and finish. The place of the practice of
act shall be indicated.
Article 95.
Signature
1-The written to which there is to be reduced a procedural act is in the end, and yet this
should continue at a later time, signed by whoever he presided over, by
those persons who in it have participated and by the bail-out officer who has
made the wording, being the leaves that do not contain initialed signature by the ones
have signed.
2-The signatures and items are made by the fist itself, being, to the effect,
prohibited the use of any means of reproduction.
3-In the case of any of the persons whose signature is compulsory cannot or if
refuse to provide it, the authority or the employee present declares in the self
impossibility or refusal and the grounds that for them have been given.
Article 96.
Orality of acts
1-Saved when the law dispens differently, the provision of any statements
process in oral form, not being allowed to read written documents
previously drawn up for that effect.
2-A The entity presiding over the act may authorize the declarant to sway from
apartments written as adjuvants of memory, making consignment in the auto such
circumstance.
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3-In the case referred to in the preceding paragraph, arrangements shall be made for
defense of the spontaneity of the statements made, ordering, if any, the
display of the written appartments, on whose origin the declarant will be
detail asked.
4-Orally probed dispatches and sentences are consigned to the auto.
5-The provisions of this Article shall be without prejudice to the standards relating to readings
allowed and prohibited in hearing.
Article 97.
Decisional acts
1-The decision-makers of the judges take the form of:
a) Sentences, when they know the final of the object of the proceedings;
b) Dispatches, when they know of any interlocutory matter or when
to put an end to the case outside the case provided for in the preceding paragraph.
2-The decisional acts provided for in the preceding paragraph take the form of judgments
when they are prowounded by a collegial court.
3-The decision-making acts of the Public Prosecutor's Office take the form of dispatches.
4-The decisional acts referred to in the preceding paragraphs are of formal requirements
of the written or oral acts, as the case may be.
5-Decision-making acts shall always be substantiated, and the
grounds for fact and law of the decision.
Article 98.
Exhibitions, memorials and requirements
1-The accused, albeit in freedom, can present exhibitions, memorials and
requirements at any stage of the proceedings, although not signed by the defender,
provided that they contain themselves within the object of the proceedings or have for purpose the
safeguarding of their fundamental rights. The exhibitions, memorials and
requests from the defendants are always integrated into the autos.
2-The requirements of the other procedural participants who find themselves
represented by lawyers are signed by these, save if you check
impossibility for them to do so and the application to target the practice of act subject to
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expiry date.
3-When the oral formulation of applications is legally permissible, these are
consigned to the auto by the entity that directs the process or by the employee of
justice who has him for his post.
Article 99.
Auto
1-The self is the instrument intended to make faith as to the terms in which if
have unraged to the procedural acts to whose documentation the law obliges and to which
have assisted who drafts you, as well as to collect the declarations, requirements,
promotions and oral decision-making acts that have occurred before that.
2-The self-dealing of the instructory debate and the hearing shall be called the minutes and shall be governed by
complemenit by the legal provisions that this Code sends you to apply.
3-The self contains, in addition to the requirements set out for the written acts, mention of the
following elements:
a) Identification of the persons who have intervened in the act;
b) Causes, if known, of the absence of the people whose intervention in the act was
expected;
c) Specified description of the practiced operations, of the intervention of each
of the procedural participants, of the statements provided, of the manner in which the
were and from the circumstances in which they were, of the documents submitted or
received and the results achieved, so as to ensure genuine expression
of the occurrence;
d) Any relevant occurrence for the assessment of the evidence or the regularity of the
act.
4-It is correspondingly applicable to the provisions of Article 169.
Article 100.
Wording of the self
1-A The wording of the self is carried out by the bailed officer, or by the employee of
criminal police during the investigation, under the direction of the entity presiding over the act.
2-Whenever the self-duty is drawn up by sucking, it is incumbent upon the entity to preside over
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to the act of ensuring that the supmule corresponds to the essentials of what if it has passed or
of the statements provided, and may for the effect dictate the contents of the self or
delegating, officiously or the application, to the procedural participants or their
representatives.
3-In the event of alleged disconformity between the content of what is dictated and what occurred, they are
made of the statements relating to the discrepancy, with indication of the
rectifications to be carried out, after which the entity presiding over the act profes, ears
the interested procedural participants who are present, final decision
sustaining or modifying the initial wording.
Article 101.
Registration and transcription
1-The employee referred to in paragraph 1 of the preceding article may write the self using
stenographic, stenotypic or other means other than common writing, well
how to soccur magnetofonic or audio-visual recording.
2-When stenographical, stenotypic or other different means are used
common writing, the employee who of them if it has been occurred does the transcript on time
shortest possible, owing to the entity that presided over the act to certify the
compliance of the transcript, prior to signing.
3-Whenever it is performed recording, the employee delivers within 48 hours a
copy to any procedural subject that requires it and provides the court with the support
technician required.
4-The stenographed sheets and the stenotipate or engraved tapes are retained in
sealed envelope to the order of the court, being made mention in the auto of the whole opening
and closure of the records kept by the entity carrying out the operation.
5-The technical supports referred to in the preceding paragraph are guarded by the deadline of 2
years counted from the transit on trial of the final decision, and may be
subsequently destroyed by order of the court.
Article 102.
Reform of self-lost, stray or destroyed
1-When getting lost, extracting or destroying self-or part of it proceeds to your retirement
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in the court in which the case has been correct or duty to run terms in 1 th instance,
even when in it there has been some recourse.
2-A reform is ordered by the judge, officiously or at the request of the Ministry
Public, from the defendants, the assistant or the civil parties.
3-In the reform follow the trames provided for in the law of civil procedure in everything as
if it does not specify in the following points:
a) At the conference they intervene the Public Prosecutor's Office, the accused, the assistant and the
civil parts;
b) The agreement of the actors, transcribed in the auto, only suppress the process in
civil matter, being merely informative in criminal matters.
Title III
From the time of the acts and the acceleration of the process
Article 103.
When the acts are practised
1-Procedural acts are practiced in the working days, the hours of expediency of the services
of justice and outside of the judicial holiday period.
2-Except for the provisions of the preceding paragraph:
a) The procedural acts relating to defendants arrested or imprisoned, or indispensable
to the guarantee of the freedom of the people;
b) The acts of inquiry and instruction, as well as the instructional debates and
audiences for whom it is recognized, by dispatch of whom to
them presiding, advantage in which their start, continue or finish
occur without those limitations;
c) The acts relating to summary and abbreviated proceedings;
d) The procedural acts pertaining to conflicts of competence, requirements for
refusal and requests for escuses;
e) The acts relating to the granting of probation, when it is found
abiding by the portion of the penalty required for its application;
f) The acts of mere expediency, as well as the decisions of the authorities
judicial, whenever necessary.
3-The interrogation of the accused cannot be carried out between 0 and 7 pm, save in
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act followed by arrest:
c) In the cases of the paragraph a) of Article 174 (5); or
d) When the accused himself requests it.
4-The interrogation of the accused has the maximum duration of 4 hours, and may be
resumed, on each day, for one time and identical maximum term, after a range
minimum of 60.
5-Are void, and may not be used as evidence, the statements provided for
in addition to the limits provided for in n. the
3 and 4.
Article 104.
Counting of deadlines for procedural acts
1-Applying to the counting of deadlines for the practice of procedural acts the provisions
of the law of the civil procedure.
2-Run on holiday the deadlines for processes in which they should practise the
acts referred to in points a) a f) of paragraph 2 of the previous article.
Article 105.
Deadline and its excess
1-Unless otherwise lawful provision, it is 10 days the deadline for the practice of any
procedural act.
2-The secretaries arrange monthly rol of cases in which the deadlines are shown
exceeded and deliver it to the president of the court and the Public Prosecutor's Office. These, in the
period of 10 days, counted from the date of receipt, send the rol to the entity with
disciplinary competence, accompanied by the exposition of the reasons they determined
the delays, even if the act has been in the meantime practiced.
Article 106.
Deadline for terms and warrants
1-Justice officials lavage the terms of the process and pass the warrants on the
two-day deadline.
2-The provisions of the preceding paragraph shall not apply when in this Code sets out
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different time frame, nor when there are defendants arrested or arrested and the time limit fixed there
affect the time of deprivation of liberty; in the latter case the acts are practiced
immediately and with preference over any other service.
Article 107.
Renunciation of the course and practice of act outside of the term
1-A person for the benefit of which a deadline is established may waive his or her
course, upon application addressed to the judicial authority that directs the phase
of the procedure to which the act respects, to which the order in twenty four hours.
2-Procedural acts may only be practiced outside the deadlines set by law,
by order of the authority referred to in the preceding paragraph, the requirement of the
interested and listened to the other procedural subjects to whom the case respects, since
that proves to be fair impediment.
3-The application referred to in the preceding paragraph shall be filed within three days,
counted from the expiry of the legally fixed term or the cessation of the impediment.
4-A The authority that defs the practice of act outside the deadline proceeds, in the measure of the
possible, to the renewal of acts to which the person concerned would have the right to attend.
5-Irrespective of the fair impediment, may the act be practiced within the term, in the
terms and with the same consequences as in civil proceedings, with the necessary
adaptations.
6-When the procedure proves to be of exceptional complexity, in the terms of the
final part of Article 215 (3), the judge, the application of the Public Prosecutor's Office, of the
assistant, the accused or the civil parties, may extend the time limits provided by the
articles 78, 287, 315 and in n. the
1 and 3 of Article 411, up to the maximum limit of 30
days.
Article 108.
Delayed process acceleration
1-When the time limits provided for in the Act have been exceeded for the duration of each
stage of the proceedings, may the Public Prosecutor's Office, the accused, the assistant or the parties
civilians require procedural acceleration.
2-The request is decided:
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a) By the Attorney General of the Republic, if the process is under the direction of the
Prosecutor's Office;
b) By the Superior Council of the Magistrature, if the proceedings are proceeding before the
court or the judge.
3-They find themselves barred from intervening in the deliberation the judges who, by any
shape, have participated in the process.
Article 109.
Tramway of the order for acceleration
1-The request for procedural acceleration is addressed to the Chairman of the Board of Governors of the
Magistrate, or the Attorney General of the Republic, as per cases, and delivered
in the court or entity to which the case is affected.
2-The judge or the prosecutor's office instructed the application with the available elements and
relevant to the decision and refer the process so organized, in three days, to the
Superior Council of the Magistrature or the Attorney General of the Republic.
3-The Attorney General of the Republic proffers dispatch within five days.
4-If the decision is to compete with the Superior Council of the Magistrature, once distributed the
process goes to the first ordinary session or the extraordinary session if there is
convenience, and in it the rapporteur makes a brief exhibition, in which he concludes by proposal
of deliberation. There is no place to be seen, but deliberation can be postponed until two
days for process analysis.
5-A The decision is made, without other special formalities, in the sense of:
a) To dismiss the request for lack of grounds quite a lot or by the delays
verified if they find warranted;
b) Apply for supplementary information, to be provided at the maximum time
of five days;
c) Sending the inquiry, within a time limit which may not exceed 15 days, on the
delays and the conditions under which they have occurred, suspending the decision until the
carrying out the survey; or
d) To propose or determine the disciplinary, management, organizational, or measures
of rationalization of methods that the situation justifies.
6-A The decision is notified to the applicant and immediately communicated to the court or to the
entity that has the process to his post. It is also the entities with
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disciplinary jurisdiction over those responsible for delays that have occurred.
Article 110.
Order manifestly unfounded
If the request for procedural acceleration of the accused, the assistant or the civil parties is
manifestly unfounded judgment, the court, or the judge of instruction, in the case of paragraph 2
point ( a) of Article 108, condemns the petitioner in the payment of a sum between 6 UC
and 20 UC.
Title IV
From the communication of the acts and the convocation to them
Article 111.
Communication of procedural acts
1-A The communication of the procedural acts is intended to convey:
a) An order of comparance before the services of justice;
b) A convocation to participate in procedural due diligence;
c) The content of an act carried out or dispatched in the process.
2-A communication is made by the Registry, officiously or preceding dispatching of the
competent judicial or criminal police authority, and is executed by the
bailed officer who has the process to his or her post, or by police officer,
administrative or belonging to the postal service that is designated for the purpose and if
find properly accredited.
3-A communication between services of justice and between the judicial authorities and the
organs of criminal police carry out upon:
a) Warrant: when to determine the practice of procedural act the entity with
a scope of functions located within the limits of the territorial competence of the
entity that prowates the order;
b) Letter: when it comes to act to practise outside of those limits, terming it
if precatory when the practice of the act in question is contained within the limits
of the national and rogatory territory having to come to realize abroad;
c) Offending, warning, letter, telegram, telex, fax, telephone communication,
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electronic mail or any other means of telecommunications: when
is in question a request for notification or any other type of
transmission of messages.
4-A telephone communication is always followed by confirmation by any means
written.
Article 112.
Convocation for procedural act
1-A convocation of a person to attend the procedural act can be done by
any means intended to give you knowledge of the fact, including by way of
telephone, washing up quota in the auto as well as the medium used.
2-When the telephone pathway is used the entity carrying out the convocation
identifies itself and gives account of the role it plays, as well as the elements that
allow the call to integrate with the act for which it is summoned and to be carried out, if
want, it contrapproves of it that it is about official and true phone call.
3-Revestin the form of notification, which indicates the purpose of the convocation or
communication, by transcription, copy or summary of the dispatching or mandate that has it
ordered, in addition to other cases that the law determines:
a) The communication of the initial or final term of a legally stipulated time
under penalty of expiry;
b) The convocation for questioning or for statements or to participate in
instructor-led debate or in hearing;
c) The convocation of person that there is already been called, without cominatory effect, and
has been lacking;
d) The convocation for the application of a coaction or guarantee measure
patrimonial.
Article 113.
General rules on notifications
1-The notifications take place upon:
a) Personal contact with notifying you and in the place in which this is found;
b) Via registered post, by means of registered letter or notice;
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c) Single postcard, by means of letter or warning, in the cases expressly
anticipated; or
d) Edials and advertisements, in cases where the law expressly admits it.
2-When carried out by registered post, the notifications are assumed to be made in the
3. day after that of the sending, and the applicable comination shall appear in the act of
notification.
3-When carried out by simple postal, the judicial clerk lavish a quota on the
process with the indication of the date of the dispatch of the letter and the domicile for which
has been sent and the postal service distributor deposits the letter in the mailbox of the
notifying, lavra a statement indicating the date and confirming the exact location of the
deposit, and send it immediately to the service or to the sender court, considering
the notification made in the 5. day after the date indicated in the disclosing statement
by the distributor of the postal service, comination this one which should appear in the act of
notification.
4-If it is impossible to proceed to the deposit of the letter in the mailbox, the distributor of the
postal service lavish note of the incident, appose the date and send it immediately to the
service or the sender court.
5-When the notification is carried out by registered post, the face of the envelope or
of the warning must indicate, with precision, the nature of the correspondence, the identification
of the court or of the sender service and the rules of procedure referred to in the
the following number.
6-Se:
a) The recipient refuses to sign, the agent of the postal services delivers the
letter or notice and wash note of the incident, validating the act as notification;
b) The recipient refuses to receive the letter or the notice, the agent of the services
postal lavra note of the incident, worth the act as notification;
c) The recipient is not found, the letter or the notice are delivered the person
that with it inhabits or the person indicated by the recipient who with it
work, making the postal services mention of the fact with identification of the
person who received the letter or the warning;
d) It is not possible, by the absence of person or for any other reason,
proceed under the terms of the previous points, the postal services comply with the
provisions of the respective regulations, but whenever they leave notice
will expressly indicate the nature of the correspondence and the identification of the
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court or sender service.
7-Valem as notification, save in cases where the law requires different form, the
convocations and communications made:
a) By judicial authority or from criminal police to those interested in attendance at
procedural act by it presided over, as long as documented in the self;
b) By telephonic in case of urgency, if you respect the constant requirements
of paragraph 2 of the previous article and if, in addition, in the telephone call to the
notifying that the convocation or communication is worth as notification and to the
telephone call if following telegraphic confirmation, by telex or by fax.
8-The notifying you may indicate person, with a residence or professional domicile located
in the area of territorial jurisdiction of the court, for the purpose of receiving notifications.
In this case, the notifications, carried out with observance of the planned formalism
in the previous figures, they consider themselves to have been made at the very
notifying.
9-The notifications of the accused, the assistant and the civil parties can be made to the
respective defender or lawyer. The notifications relating to the
prosecution, the instructional decision, the designation of day for trial and sentencing,
as well as those relating to the application of coaction and guarantee measures and
the deduction for the claim for civil damages, which, however, must also be
notified to the lawyer or defender appointed; in this case, the deadline for the practice of
subsequent procedural act is due to the date of the notification made in
last place.
10-The notifications to the lawyer or the defender appointed, when another form does not
result of the law, are made in accordance with paragraph 1, points a ), b) and c), or by fax.
11-A the edital notification is made upon the affixing of an edict on the door of the court,
another at the door of the last residence of the accused and another in the places to the effect
intended for the respective freguish joint. Whenever this is convenient, it is
ordered the publication of ads in two numbers followed by one of the papers
of greater circulation in the locality of the last residence of the accused or the larger
national circulation.
12-In the cases expressly provided for, there are several defendants or assistants,
when the deadline for the practice of acts subsequent to the notification ends in days
different, the act can be practiced by all or by each of them up to the term
of the deadline that began to run in last place.
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Article 114.
Special cases
1-A notification of person who is found to be arrested is requested to the Director of the
respective prison establishment and carried out in the person of the notifying by
employee for the assigned effect.
2-A notification of employee or administrative agent can be made by
requisition to the respective service, but the notification's comparency does not lack
authorization of the hierarchical superior; when, however, the notification is made by
other mode, the notified shall immediately inform the notification of its superior
and present you document proving the comparability.
Article 115.
Difficulties in making notification or serving warrant
1-The bailable officer in charge of making a notification or of fulfilling a
warrant may, when it proves necessary, to resort to the collaboration of force
public, to which it is requested to the nearest authority of the place where it is due to intervene.
2-All public order maintenance officers must provide aid and
collaboration with the employee mentioned in the previous number and for the purposes therein
referred to, when you are asked for your intervention and displayed the notification or the warrant
respective.
3-If, despite the aid and the collaboration provided in the terms of the preceding paragraphs,
the bailable officer has not been able to make the notification or comply with the
warrant, redeem auto from occurrence, in which it specifically indicates the representations
which it has carried out, and transmits it without delay to the notifying or mandating entity.
Article 116.
Unwarranted lack of turnout
1-In the event of an unwarranted lack of person attendance regularly
summoned or notified, on the designated day, time and place, the judge condemns the deceased to the
payment of a sum between 2 UC and 10 UC.
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2-Without prejudice to the provisions of the preceding paragraph, the judge may order, officiously or
the application, the detention of those who have been unjustifiably failed for the time
indispensable to the realization of the diligence and, well thus, to condemn the flawed to
payment of the expenses occasioned by its non-comparency, particularly of the
related to notifications, expediency and displacement of people. Addressing the
argued, it may still be applied to you as a preventive prison measure, if this is
legally permissible.
3-If the lack is committed by the Public Prosecutor's Office or by lawyer constituted or
named in the process, hers is given knowledge, respectively, to the superior
hierarchical or to the Order of Lawyers.
4-It is correspondingly applicable to the provisions of Article 68 (5).
Article 117.
Justification of the lack of turnout
1-It is considered justified the lack motivated by fact not attributable to the indebted that the
prevents from appearing in the procedural act for which you have been summoned or notified.
2-A The impossibility of turnout should be communicated with five days of
in advance, if it is foreseeable, and on the day and time designated for the practice of the act, if
is unpredictable. Of the communication appears, under penalty of non-justification of the lack, the
indication of the respective motive, of the place where the deceased can be found and of the
predictable duration of the impediment.
3-The proof elements of the impossibility of turnout should be
presented with the communication referred to in the preceding paragraph, save by treating
unpredictable impediment communicated in the day itself and time, in which case, by
justified reason, can be submitted until the following 3 working day. They can't
be indicated more than three witnesses.
4-If it is alleged disease, the deceased presents medical certificate specifying the
impossibility or grave inconvenience in the turnout and the likely time of
duration of the impediment. The judicial authority may order the turnout
of the doctor who subscribed to the attestaance and to make checking by another doctor the veracity
of the claim of the disease.
5-If it is impossible to obtain medical attestament, any other means of proof is admissible.
6-Havendo impossibility of turnout, but not of provision of statements
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or from testimony, this will be carried out in the day, time and place that the judicial authority
designate, listened to the assistant doctor, if necessary.
7-A The falsity of the justification is punished, depending on the cases, in the terms of the articles
260. and 360 of the Criminal Code.
Title V
Of the nullities
Article 118.
Principle of legality
1-A violation or failure to comply with the provisions of the law of the criminal procedure only determines
the nullity of the act when this is expressly comprised in the law.
2-In cases where the law does not command nullity, the illegal act is irregular.
3-The provisions of this Title shall not prejudice the standards of this Code relating to
prohibitions of proof.
Article 119.
Insantable nulities
They constitute insansible nullities, which shall be made officiously declared in any
phase of the procedure, in addition to those that as such are comprised in other provisions
legal:
a) The lack of the number of judges or jurors that should constitute the court, or the
violation of the legal rules regarding the manner of determining the respective
composition;
b) The lack of promotion of the process by the prosecutor's office, in the terms of the article
48., as well as its absence to acts for which the law requires the
respective comparency;
c) The absence of the accused or his defender, in cases where the law requires the
respective comparency;
d) A lack of inquiry or instruction, in cases where the law determines its
compulsory;
e) The violation of the rules of jurisdiction of the court, without prejudice to the provisions of the
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article 32, paragraph 2;
f) The employment of special process form outside the cases provided for in the law.
Article 120.
Defendants dependent nulities
1-Any devious nullity of those referred to in the preceding article shall be argued by the
interested and shall be subject to the discipline provided for in this article and in the following article.
2-Constituting defendants dependent on defendants, in addition to those that are comined
other legal provisions:
a) The employment of a form of procedure when the law determines the use of
other, without prejudice to the provisions of ( f) of the previous article;
b) The absence, for lack of notification, of the assistant and the civil parties, in the cases
in which the law requires the respective comparency;
c) The lack of appointment of interpreter, in cases where the law to be considered
compulsory;
d) The insufficiency of the survey or instruction, because they have not been practiced
legally binding acts, and the subsequent omission of representations that
could repudiate themselves essential to the discovery of the truth.
3-The nulities referred to in the preceding paragraphs shall be argued:
a) Dealing with nullity of act to which the person concerned assists, before the act
be finished;
b) Addressing the nullity referred to in paragraph b) from the previous number, up to five
days after notification of the dispatch that designates day to the hearing;
c) Dealing with nullity concerning the investigation or the instruction, up to the
closure of the instructional debate or, not taking place of instruction, until
five days after notification of the dispatch that has closed the inquest;
d) Right at the beginning of the hearing in the special process forms.
Article 121.
Sanction of nulities
1-Saved in cases where the law disposes of different mode, the nullity becomes sane
if the procedural participants interested:
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a) Renount expressly to be argued;
b) Have expressly accepted the effects of the nullable act; or
c) If they have prevailed from faculty to whose exercise the nullable act is addressed.
2-The nullities concerning the lack or the vindication of notification or convocation for
procedural act becomes sanctioned if the person concerned is to attend or renounce the
attend the act.
3-Thessaloniki of the provisions of the preceding paragraph the cases in which the person concerned
to appear only with the intention of arguing for nullity.
Article 122.
Effects of the declaration of nullity
1-The nullities make invalid the act in which they occur, as well as those of it
depend on and those can affect.
2-A The declaration of nullity determines which acts go on to consider
invalid and orders, where necessary and possible, their repetition, by placing the
expenses respective to the charge of the accused, the assistant or the civil parties who have
given cause, culposely, to nullity.
3-When declaring a nullity the judge takes advantage of all the acts that they can still be
saved from the effect of that.
Article 123.
Irregularities
1-Any irregularity of the case shall only determine the invalidity of the act to which
refers to and of the subsequent terms it may affect when it has been argued by the
interested in the act itself or, if the latter have not assisted, in the three days
following from the one in which they have been notified for any term of the
process or intervening in some act in it practiced.
2-May officiously order the redress of any wrongdoing, at the moment
in which of the same if you become aware, when it can affect the value of the act
practiced.
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BOOK III
From the proof
Title I
General provisions
Article 124.
Object of the evidence
1-Constitutions subject to the evidence all the facts legally relevant to the
existence or non-existence of the crime, the punishability or non-punishability of the accused and
the determination of the penalty or the applicable safety measure.
2-If civil application is held, they are also the subject of the evidence
relevant to the determination of civil liability.
Article 125.
Legality of the proof
Evidence that is not prohibited by law shall be admissible.
Article 126.
Prohibited methods of proof
1-Are void, and may not be used, evidence obtained by torture, coating
or, in general, offense of the physical or moral integrity of the people.
2-Are offenders of the physical or moral integrity of the people the evidence obtained, even
that with consent of them, upon:
a) Disturbance of freedom of will or decision by means of ill-treatment,
bodily offenses, administration of means of any nature, hypnosis or
use of cruel or deceptive means;
b) Disturbance, by any means, of the memory or evaluation capacity;
c) Use of force, outside of cases and limits permitted by law;
d) Threat with legally inadmissible measure and, well thus, with denigration
or conditioning of the achievement of legally foreseen benefit;
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e) Promise of legally inadmissible advantage.
3-Rids the cases provided for in the law, are also null and void and cannot be
used the evidence obtained by meddling in the private life, at the domicile, in the
correspondence or in telecommunications without the consent of the respective holder.
4-If the use of the methods of obtaining evidence provided for in this article constitutes a crime,
may those be used with the exclusive purpose of proceeding against the agents of the
same.
Article 127.
Free appreciation of the proof
Save when the law dispends differently, the proof is appreciated under the rules of the
experience and the free conviction of the competent entity.
Title II
From the means of proof
CHAPTER I
From the testimonial proof
Article 128.
Object and limits of testimony
1-A The witness is inquire about facts of which he has direct knowledge and that
constitute the subject of the evidence.
2-Saved when the law dispends differently, before the time of the court
proceed to the determination of the penalty or the applicable safety measure, the respondent
on facts pertaining to the personality and character of the accused, as well as to his
personal conditions and to their previous conduct, is only permitted to the extent strictly
indispensable for the proof of constitutive elements of the crime, particularly of the
fault of the agent, or for the application of coaction or guarantee measure
patrimonial.
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Article 129.
Indirect testimony
1-If the deposition results from what you heard to say to determined persons, the judge may
call these to depose. If it doesn't, the testimony produced can't, in that
part, serve as a means of proof, save if the respondent of the persons indicated is not
possible by death, supervenient psychic anomaly or impossibility to be
found.
2-The provisions of the preceding paragraph shall apply to the case in which the deposition results from the
reading document of authorship of a diverse person of the witness.
3-Cannot, in any case, serve as a means of proof of the testimony of whom
refuse or are not in a position to indicate the person or the source through which
has become aware of the facts.
Article 130.
Public voices and personal beliefs
1-It is not admissible as testimony to the reproduction of public voices or rumours.
2-A manifestation of mere personal beliefs about facts or their interpretation alone
is admissible in the following cases and in the strict measure shown in them:
a) When it is impossible to cindi it from the testimony on concrete facts;
b) When it takes place in the function of any science, technique or art;
c) When it occurs at the stage of determination of the sanction.
Article 131.
Ability and duty to testify
1-Anyone who does not find interspoken by psychic abnormality has
ability to be a witness and can only refuse in the cases provided for in the law.
2-A The judicial authority verifies the physical or mental fitness of any person to
provide testimony, when this is necessary to assess their credibility and
can be done without retardation of the normal gait of the process.
3-Treating testimony of less than 18 years in crimes against freedom and
sexual self-determination of minors, can take place expertise on the personality.
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4-The indagations, referred to in the previous figures, ordered previously to the
testimony does not prevent this from producing itself.
Article 132.
Rights and duties of witnesses
1-Unless the law disposes of it differently, it is incumbent on the witness to carry out the duties
from:
a) If present, in time and place due, to the authority by whom it has been
legitimately summoned or notified, keeping at your disposal until it is by it
swell;
b) Pressure oath, when heard by judicial authority;
(c) to obey the indications which legitimately are given to you as to how to provide
testimony;
d) Respond with truth to the questions you are directed to.
2-A The witness is not obliged to answer questions when claiming that of the
answers results in their criminal accountability.
3-For the purpose of being notified, the witness may indicate to his / her residence, the place of
work or other domicile at your choice.
4-Where it should provide testimony, even if in the course of the act vetted to the
public, the witness may make himself accompanied by counsel, who informs her,
when you understand it necessary, of the rights that you assist, without intervening in the
survey respondent.
5-Cannot accompany witness, in the terms of the preceding paragraph, the lawyer who
be a defender of defendants in the process.
Article 133.
Impediments
1-They are barred from depose as witnesses:
a) The defendants and co-defendants in the same process or in related proceedings,
as long as they maintain that quality;
b) The persons who have constituted assistants, as of the time of
constitution;
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c) The civil parties;
d) The experts, in relation to the perices they have carried out.
2-In the event of separation of proceedings, the defendants of a same crime or of a
consex crime, even if already convicted by sentence carried on trial, only
may lay down as witnesses if this expressly consents to.
Article 134.
Refusal of relatives and related
1-Can refuse to depose as witnesses:
a) The descendants, the ascendants, the siblings, the related ones up to the 2. degree, the
adopters, the adopted and the spouse of the accused;
b) Who has been spouse of the accused or who, being of another or of the same
sex, with him living or having conlived in conditions analogous to those of the
spouses, in respect of facts occurring during the marriage or the
cohabitation.
2-A competent body to receive the affidation warns, under penalty of nullity, the
persons referred to in the previous number of the faculty who assist them from refusing the
testimony.
Article 135.
Professional secret
1-The ministers of religion or religious confession and the lawyers, doctors, journalists,
members of credit institutions and the remaining persons to whom the law permits or
impuser who keep secret can escape from deed on the facts by him
covered.
2-Havendo founded doubts about the legitimacy of the escusa, the judicial authority
in the face of which the incident if it has arisen proceeds to the necessary enquiries. If,
after these, concluding by the illegitimacy of the escusa, orders, or requires the court to
order, the provision of the deposition.
3-The court higher than the one where the incident has been raised, or, in the case of the
incident has been aroused before the High Court of Justice, the full
criminal sections, can decide from the provision of testimony with breaking of the secret
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professional whenever this proves to be justified, according to the principle of
prevalence of the preponderant interest, particularly taking into account the
printable of the testimony for the discovery of the truth, the gravity of the
crime and the need for the protection of legal goods. The intervention is raised by the
judge, officiously or the application.
4-In cases provided for in paragraphs 2 and 3, the decision of the judicial authority or the court is
taken ear the representative body of the profession related to the secret
professional in question, in the terms and with the effects set out in the legislation that
body is applicable.
5-The provisions of paragraphs 3 and 4 shall not apply to religious secrecy.
Article 136.
Secret of employees
1-Employees may not be surveyed about facts that constitute secret and of
who have been aware in the exercise of their duties.
2-It is correspondingly applicable to the provisions of paragraphs 2 and 3 of the preceding Article.
Article 137.
Secret of State
1-Witnesses may not be inquire about facts that constitute secret of
State.
2-The secret of State referred to in this Article shall include, in particular, the
facts whose revelation, even if it does not constitute a crime, may cause damage to safety,
internal or external, from the Portuguese State or to the defence of the constitutional order.
3-If the witness invoicates state secrecy, it should this be confirmed, within the
30 days, through the Minister of Justice. Elapsed this term without the
confirmation has been obtained, the testimony must be provided.
Article 138.
Rules of the respondent
1-The deposition is a personal act that cannot, under any circumstances, be made by
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intermediate of prosecutor.
2-Witnesses should not be asked suggestive or impertinent questions, nor
any others that may impair the spontaneity and sincerity of the
answers.
3-A respondent must first focus on the necessary elements to the
identification of the witness, about its kinship relations and interest with
the defendants, the offending, the assistant, the civil parties and with other witnesses, well
how about any relevant circumstances for assessment of the credibility of the
testimony. Then, if you are obliged to take the oath, you must provide it, after which
deposes on the terms and within the legal limits.
4-When it is convenient, can be shown to the witnesses any parts of the
process, documents that to him respect, instruments with which the crime was
committed or any other objects seized.
5-If the witness presents any object or document that can serve the proof,
it is made mention of your presentation and joins the process or holds properly.
Article 139.
Immunities, prerogatives and special protective measures
1-They have application in criminal proceedings all the established immunities and prerogatives
in the law as to the duty to testify and the manner and place of provision of the
testimonials.
2-A protection of witnesses and other actors in the case against forms
of threat, pressure or intimidation, particularly in the cases of terrorism,
violent or highly organized crime, is regulated in special law.
3-The possibility of realization of the legally permissible adversarial is ensured
in the case.
CHAPTER II
From the statements of the accused, the assistant and the civil parties
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Article 140.
Statements of the accused: General rules
1-Whenever the accused provide statements, and even if he / she finds himself held or imprisoned,
you must find yourself free in your person, save if you are required to be cautious for
prevent the danger of leakage or acts of violence.
2-The defendants ' statements are correspondingly applicable to the provisions of the articles
128. and 138, save when the law disposes of it differently.
3-The accused does not take oath in any case.
Article 141.
First judicial interrogation of defendants detained
1-The accused held that should not be immediately tried is interrogated by the judge of
instruction, within the maximum period of forty-eight hours after the arrest, as soon as it
is present with the circumstantial indication of the reasons for detention and evidence
that substantiate it.
2-The interrogation is done exclusively by the judge, with assistance from the Ministry
Public and the defender and being present the bail-out official. It is not admitted to
presence of any other person, unless, by reason of security, the detainee
should be kept in sight.
3-The accused is asked by his name, affiliation, freguesia and concelain of
naturalness, date of birth, marital status, profession, residence, place of
work, if you have ever been in jail, when and why and whether or not it was condemned
and for what crimes, sendoyou required, if necessary, the official document display
plenty of identification. It should be cautioned that the lack of response to these
questions or the falsity of the same may cause you to incur liability
penal.
4-Thereafter, the judge informs the accused:
a) Of the rights referred to in Article 61 (1), explaining-hos if this is
required;
b) Of the reasons for detention;
c) Of the facts that are concretely imputed to you, including, whenever they are
known, the circumstances of time, place and mode; and
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d) From the elements of the process that indict the imputed facts, whenever the
your communication does not puser the investigation, do not make it difficult to
discovery of truth nor create danger to life, physical integrity or
psychics or the freedom of procedural participants or victims of crime;
staying all information, apart from those provided for in the a) , the record of the
self of questioning.
5-Pressure statements, the accused may confess or deny the facts or their
participation in them and indicate the causes that can exclude ilicitude or guilt, well
like any circumstances that may be relevant to the determination of your
liability or the measure of the sanction.
6-During interrogation, the Public Prosecutor's Office and the defender, without prejudice to the right
of arguing nullity, abstain from any interference, and the judge may allow that
suscitem requests for clarification of the answers given by the accused. Findo the
interrogation, may require the judge to formulate that the questions that
understand relevant to the discovery of the truth. The judge decides, by dispatch
irrecurrable, if the requirement is to be made in the presence of the accused and on the
relevance of the questions.
Article 142.
Judge of competent instruction
1-Havendo founded fear that the maximum period referred to in paragraph 1 of the previous article
it is not sufficient to present the detainee to the competent instructional judge for the
process, or not being able to present it within that time limit with security, the
first judicial interrogation is made by the competent investigating judge in the area at
that the detention if it has operated.
2-If the interrogation, done in the terms of the final part of the preceding paragraph, result in
need for coaction or equity guarantee measures, are these
immediately applied.
Article 143.
First unjudicial interrogation of defendants detained
1-The accused held that he is not questioned by the investigating judge in an act followed by the
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detention is presented to the relevant prosecutor's office in the area where the detention
if it has operated, and may this hear it summarily.
2-The interrogation obeys, in the applicable part, the provisions relating to the first
judicial interrogation of defendants detained.
3-After summary interrogation, the Public Prosecutor's Office, if it does not release the detainee,
providence for it to be present to the investigating judge under the articles
141. and 142.
4-In cases of terrorism, violent or highly organized crime, the
Public prosecutor's office may determine that the detainee does not communicate with person
any, save the defender, before the first judicial interrogation.
Article 144.
Other interrogations
1-The subsequent interrogation of defendants arrested and the interrogations of defendants in
freedom are made in the inquiry by the Public Prosecutor's Office and in the instruction and in
trial by the respective judge, obeying, in all as applicable, the
provisions of this chapter.
2-In the survey, the interrogations referred to in the preceding paragraph may be made by
criminal police body in which the Public Prosecutor's Office has delegated its
realization.
3-The defendants ' interrogations arrested are always done with assistance from the defender.
4-A entity that proceeding to the interrogation of defendants in freedom informs him
beforehand that you have the right to be assisted by counsel.
Article 145.
Statements and notifications from the assistant and the civil parties
1-The assistant and the civil parties may be made declarations at the request of their or
of the accused or whenever the judicial authority understands it convenient.
2-The assistant and the civil parties become subject to the duty of truth and the responsibility
penal offence for their violation.
3-A The provision of statements by the assistant and the civil parties shall be subject to the scheme
of providing the evidence testified, unless it is manifestly inapplicable
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and in what the law dispends differently.
4-A The provision of statements by the assistant and the civil parties is not preceded by
oath.
5-For the purpose of being notified, the Assistant or the civil parties will indicate their
residence, the place of work or other domicile at your choice.
6-A The indication of location for notification purposes, in the terms of the preceding paragraph, is
accompanied by the warning to the assistant or to the civil parties that the change of the
address nominee must be communicated through the application delivery or its
shipping by registered post to the office where the autos find themselves running
at that time.
CHAPTER III
From proof by acareation
Article 146.
Assumptions and procedure
1-It is admissible accalation between co-defendants, between the accused and the assistant, between
witnesses or between these, the defendants and the assistant whenever there is contradiction
between your statements and the diligence would appear useful to the discovery of the truth.
2-The provisions of the preceding paragraph shall be correspondingly applicable to the civil parties.
3-A acareation takes place officiously or the application.
4-A entity that presides over diligence, after reproducing the statements, asks people
acarees that confirm them or modify them and, where necessary, to contest the
of the other people, by formulating them next the questions you understand
convenient for the clarification of the truth.
CHAPTER IV
From proof by recognition
Article 147.
Recognition of people
1-When there is a need to proceed to the recognition of any person,
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requests the person who should make the identification that describes it, with an indication of
all the details of which you recall. It is then asked if you already had it
seen before and under what conditions. Finally, it is interrogated about other circumstances
that may influence the credibility of identification.
2-If identification is not cabal, stand out who should proceed to it and call themselves
at least two people who present the greatest possible similarities,
inclusive of clothing, with the person to be identified. The latter is placed next door
of them, and should, if possible, present themselves in the same conditions in which it could have
been seen by the person carrying out the recognition. This is then called and
asked about whether you recognize any of the gifts and, if so, which one.
3-If there is reason to believe that the person called to make the identification may be
intimidated or disrupted by the effectivation of the recognition and this has no place
at a hearing, should the same be carried out, if possible, without that person being
view by identifying.
4-The persons who intervene in the recognition procedure provided for in paragraph 2 are, if
in this consents, photographed, being the photographs together in the auto.
5-The recognition by photography, film or recording carried out in the framework of
criminal investigation can only be worth as a means of proof when it is followed by
recognition carried out in accordance with paragraph 2.
6-The photographs, films or recordings that refer only to persons who do not have
been recognized can be joined to the self by the respective consent.
7-The recognition that does not obey the provisions of this article has no value as
means of proof, whatever the phase of the process in which it occurs.
Article 148.
Recognition of objects
1-When there is a need to proceed to the recognition of any object
related to the crime, it proceeds in harmony with the provisions of paragraph 1 of the article
previous, in everything as it is correspondingly applicable.
2-If the recognition leaves doubt, it joins the object to be recognized by the
minus two other similar and ask the person whether to recognize any from among
them and, if so, which one.
3-It is correspondingly applicable to the provisions of paragraph 7 of the preceding Article.
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Article 149.
Plurality of recognition
1-When there is a need to proceed to the recognition of the same person or the
same object by more than one person, each of them fab it separately,
preventing communication between them.
2-When there is a need for the same person to recognize several people or several
objects, the recognition is done separately for each person or each object.
3-It is correspondingly applicable to the provisions of Articles 147 and 148.
CHAPTER V
From the reconstitution of the fact
Article 150.
Assumptions and procedure
1-When there is a need to determine whether a fact could have occurred of certain
shape, it is permissible for its reconstitution. This consists of reproduction, as faithful as
possible, of the conditions under which it is stated or is assumed to have occurred the fact and in the
repetition of the way of realization of the same.
2-The order that orders the reconstitution of the fact shall contain a succinct indication
of your object, of the day, time and place in which the representations and the manner of the
its efectivation, eventually with recourse to audio-visual means. On the same
dispatch may be designated expert for execution of determined operations.
3-A advertising of the due diligence shall, as far as possible, be prevented.
CHAPTER VI
From the expert proof
Article 151.
When it takes place
The expert evidence takes place when the perception or the appreciation of the facts require
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special technical, scientific or artistic knowledge.
Article 152.
Who performs it
1-A expertise is carried out in establishment, laboratory or appropriate official service
or, where this is not possible or convenient, by expert appointed from among persons
constants of lists of existing experts in each comarch, or, in their absence or
impossibility of response in good time, per person of honorability and of
recognized competence in the matter concerned.
2-When the expertise proves to be of particular complexity or to require knowledge of
separate subjects, may she be dewound to several experts functioning in moulds
collegiate or interdisciplinary.
Article 153.
Performance of the expert function
1-The expert is obliged to perform the function so that it has been competently
appointed, without prejudice to the provisions of Article 47 and the following number.
2-The appointed expert can ask for escuses based on the lack of indispensable conditions
for the realization of the expertise and may be refused, by the same grounds, by the
Prosecutor's Office, by the accused, by the assistant or the civil parties, without prejudice,
however, from the realization of the expertise if it is urgent or there is danger in the delay.
3-The expert may be replaced by the judicial authority which has appointed him when
do not present the report within the prescribed time or when performing in a manner
negligent the charge that was committed to it. The decision to replace the expert is
irrecursible.
4-Operated the replacement, the substituted is notified to appear before the
competent judicial authority and lay out the reasons why it did not fulfil the burden.
If that one considers existing gross violation of the duties that the replaced
defaulted, the judge, officiously or the application, condemns it to the payment of
a sum between 1 UC and 6 UC.
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Article 154.
Dispatch that orders the expertise
1-A expertise is ordered, officiously or by the application, by order of the authority
judicial, containing the name of the experts and the summary indication of the subject matter of the expertise,
as well as, preceding hearing of the experts, if possible, the appointment of the day, time and
site in which it will be carried out.
2-When it comes to forensics about physical or psychic characteristics of person who
there is no provision of consent, the dispatch provided for in the preceding paragraph is of the
competence of the judge, who ponders the need for their achievement, taking into account the
right to personal integrity and to the reservation of the intimacy of the target.
3-The dispatch is notified to the Public Prosecutor's Office, when the latter is not its author, to the
argued, to the assistant and to the civil parties, with the minimum three days ' notice on
the date indicated for the realization of the expertise.
4-Ressalwere from the provisions of the previous number the cases:
a) In which the expertise takes place in the course of the investigation and the judicial authority
that to order it to have reason to believe that knowledge of it or of its
results, by the defendants, by the assistant or the civil parties, could
harm the purposes of the investigation;
b) Of urgency or danger in the delay.
Article 155.
Technical consultants
1-Ordinated the expertise, the Public Prosecutor's Office, the accused, the assistant and the civil parties
may designate to assist in the realization of the same, if this is still possible, a
technical advisor of your trust.
2-The technical advisor may propose the efectivation of certain representations and
formulate observations and objections, which stand on the record of the self.
3-If the technical advisor is assigned after the realization of the expertise, it may, save in the
case provided for in paragraph a) from paragraph 4 of the previous article, take notice of the
report.
4-A The designation of technical advisor and the performance of your function may not delay
the realization of the forensics and the normal progress of the process.
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Article 156.
Procedure
1-The experts provide commitment, and the competent judicial authority may,
officiously or at the request of the experts or technical advisors, formulate
quesitoes when their existence proves convenient.
2-A The judicial authority assists, where possible and convenient, to the realization of the
expertise, and may the authority which has ordered it to also allow the presence of the
argued and the assistant, save if the expertise is likely to offend the pudor.
3-If the experts lack any representations or clarifications, they require that
these representations if practiced or these clarifications are provided to them, to
both and may be shown any acts or documents of the case.
4-The elements of which the expert takes knowledge in the exercise of his duties only
may be used within the subject matter and the purposes of the expertise.
5-The expertise referred to in Article 154 (2) is carried out by medical practitioner or other
legally authorized person and cannot create danger to the health of the target.
6-When it comes to blood or other body cell analyses, the exams
carried out and the samples collected may only be used in the ongoing process or
in another already instituted, owing to be destroyed, upon dispatch of the judge, as soon as
are not required.
Article 157.
Expert report
1-Finda the expertise, the experts proceed to the elaboration of a report, in which
mention and describe their answers and conclusions properly
substantiated. Experts may be requests clarifications by the authority
judicial, by the accused, by the assistant, the civil parties and the consultants
technicians.
2-The report, drawn up soon thereafter to the realization of the expertise, can be dictated to
the auto.
3-If the report cannot be drawn up soon next to the realization of the expertise, it is
marked a time limit, not more than 60 days, for your presentation. In cases of
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special complexity, the time limit may be extended, the reasoned application
of the experts, for another 30 days.
4-If knowledge of the results of the expertise is not indispensable for the judgment on
the charge or on the pronunciation, may the competent judicial authority authorize
that the report is submitted until the opening of the hearing.
5-If the expertise is carried out by more than one expert and there is disagreement between them,
presents each and every one of its report, the same succeeding in interdisciplinary expertise.
Dealing with collegial expertise, there may be place the winning opinion and opinion
won.
Article 158.
Clarifications and new expertise
1-At any time in the process may the competent judicial authority determine,
officiously or the application, when this proves to be of interest to the
discovery of the truth, which:
a) The experts are summoned to provide supplementary clarifications,
they shall be communicated to them the day, the time and the place in which they will be
diligence; or
b) Be carried out new expertise or renewed the expertise prior to the office of another or
other experts.
2-Experts from the establishments, laboratories or official services are heard by
teleconference from your place of work, whenever this is technically
possible, being twill-only the notification of the day and the hour to which it will be carried out
your hearing.
Article 159.
Medico-legal and forensic expertise
1-The medico-legal and forensic expertise that has been instilled in the tasks of the Institute
National Legal Medicine is carried out by the delegations of this and the offices
medico-legal.
2-Exceptionally, in the face of manifest impossibility of services, the perices
referred to in the preceding paragraph may be carried out by third-party entities, public
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or privately owned, contracted or indicated for the purpose by the Institute.
3-In the non-comprehended commissions in the area of acting of the delegations and the
medico-legal offices in operation, the medical-legal and forensic expertise
may be carried out by doctors to be hired by the Institute.
4-The medico-legal and forensic expertise requested from the Institute in which to check the
need for specialized medical training in other fields and who cannot
be carried out by the delegations of the Institute or by the medico-legal offices, out there
there are no experts with the required training or material conditions for their
realisation, may be carried out, by appointment of the Office, by service
college or public or private health.
5-Where necessary, the medical-legal and forensic expertise of laboratory nature
may be carried out by third party, public or private entities, contractors or
indicated by the Institute.
6-The provisions of the preceding paragraphs shall be applicable to the expertise relating to
psychiatric issues, in which they can also participate in psychology experts
and criminology.
7-A psychiatric expertise may be carried out at the request of the legal representative of the
argued, of the spouse not judicially separated from persons and goods or of the person, of
another or of the same sex, which with the accused living in conditions analogous to those of the
spouses, of the descendants and adopted, ascendant and adopters, or, in the absence of them,
of the brothers and their descendants.
Article 160.
Expertise on personality
1-For the assessment effect of the personality and dangerousness of the accused there may be
place the expertise on its independent psychic characteristics of causes
pathological, as well as about their degree of socialization. The forensics can relive,
particularly for the decision on the revocation of preventive detention, the fault of the
agent and the determination of the sanction.
2-A expertise should be dewound to specialist services, including the services of
social reinsertion, or, when this is not possible or convenient, to experts
in criminology, in psychology, in sociology or in psychiatry.
3-Experts may apply for information on the criminal background of the accused,
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if they have a need.
Article 160-A. °
Perices
1-The expertise referred to in articles 152 and 160 may be carried out by entities
third parties that to so much have been hired by whoever had to carry out,
provided that those do not have any interest in the decision to be delivered or binding
with the assistant or with the accused.
2-When, for technical or service reasons, who has to carry out the forensics not
achieve, by itself or through third-party entities for so much contractors, observe the
deadline determined by the judicial authority, it shall immediately communicate such
fact, so that this may determine the possible designation of new expert
Article 161.
Destruction of objects
If the experts, to proceed with the expertise, need to destroy, amend or compromise
severely the integrity of any object, ask for permission to do so to the entity
that has ordered the expertise. Granted permission, it is in the autos the exact description
of the object and, where possible, his / her photograph; dealing with document, lies his / her
photocopying, duly conferred.
Article 162.
Remuneration of the expert
1-Whenever the expertise is done in establishment or by unofficial expert, the
entity that has ordered it fixed the remuneration of the expert in the function of tables
approved by the Ministry of Justice or, failing that, taking the attention of the
fees rushed for services of the genus and the relief of those who were
provided.
2-In the event of an expert's replacement, pursuant to Art. 153 (3), it may
competent to determine that there is no place the remuneration for the substituted.
3-Of the decisions on remuneration rests, as per cases, appeal or claim
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hierarchical.
Article 163.
Value of the expert proof
1-The technical, scientific or artistic judgment inherent in the expert proof is presumed to be subtracted
to the free appreciation of the adjudicator.
2-Whenever the conviction of the adjudicator diverges from the judgment contained in the opinion of the
experts, should the one substantiate the divergence.
CHAPTER VII
From documentary proof
Article 164.
Admissibility
1-It is admissible proof by document, understanding by such a statement, signal or
corporated notation in writing or any other technical means, pursuant to the law
penal.
2-A The junction of the documentary proof is made either officiously or by the application, not
join document that contains anonymous statement, saved if it is, itself,
object or element of the crime.
Article 165.
When they can join documents
1-The document shall be together in the course of the investigation or of the instruction and, not being
that possible, it should be up to the end of the hearing.
2-It is ensured, in any case, the possibility of adversarial, for fulfillment
of which the court may grant a term of not more than eight days.
3-The provisions of the preceding paragraphs are correspondingly applicable to opinions of
lawyers, from jurisconsult or from technicians, which can always be together until the
closure of the hearing.
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Article 166.
Translation, deciphering and transcription of documents
1-If the document is written in foreign language, it is ordered, whenever
necessary, their translation, in accordance with Article 92 (6)
2-If the document is hardly legible, it is made to follow up with transcription that the
clarify, and if it is cipher, is subjected to forensics intended to obtain its deciphering.
3-If the document consists of phonograph registration, it is, where necessary,
transcribed in the autos pursuant to Art. 10 (2) may the Public Prosecutor's Office, the
argued, the assistant and the civil parties require the conference, in their presence, of the
transcript.
Article 167.
Probatory value of mechanical reproductions
1-The photographic, cinematographic, phonograph reproductions or by means of
electronic process and, generally, any mechanical reproductions only
are worth as proof of the facts or things reproduced if they are not illicit, in the
terms of the criminal law.
2-Do not consider, inter alia, illicit for the effects provided for in the number
previous the 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 previous article, when you are unable to join in the self or in it
conserve the original of any document, but solely its reproduction
mechanics, this one has the same probatory value of the original, if with it it has been
identified in that or another process.
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Article 169.
Probatory value of the authentic and authenticated documents
The material facts constant of the authentic document or is deemed to be proved.
authenticated while the authenticity of the document or the veracity of its contents
are not founded in question.
Article 170.
False document
1-The court may, officiously or on the application, declare on the device of the
sentence, even if this is absolutory, a document attached to the autos as
fake, owing, to such an end, when judging necessary and without sensitive retardation
of the process, send the representations and admit the production of the proof
necessary.
2-From the device concerning the falsity of a document may appeal
autonomously, on the same terms in which it could draw on the remaining part of the
sentence.
3-In the case provided for in paragraph 1 and still always that the court has been founded
suspicion of the falsity of a document, transmits copy of this to the Public Prosecutor's Office,
for the effects of the law.
Title III
From the means of obtaining the proof
CHAPTER I
Of the examinations
Article 171.
Assumptions
1-By means of examinations of the people, places and things, they inspect the
vestiges that may have left the crime and all the evidence regarding the way and
to the place where it was practiced, to the people who committed it or about which it was
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committed.
2-As soon as there is news from the practice of crime, it provides to avoid, when
possible, that their traces cling up or change before they are examined,
prohibiting, if necessary, the entry or transit of strange persons at the site of the
crime or any other acts that may harm the discovery of the truth.
3-If the traces left by the crime are found to be changed or have
missing, describes the state in which the people, the places and the
things in which they may have existed, seeking, as much as possible, reconstituting them and
describing how the mode, time and causes of the alteration or disappearance.
4-While not present at the site the judicial authority or the police body
competent criminal, it is up to any agent of the authority to take provisionally
the arrangements referred to in paragraph 2, if otherwise there is imminent danger to
getting the proof.
Article 172.
Subjecting the exam
1-If someone wishes to evade or obstinate any examination due or to provide anything
which should be examined, may be compelled by decision of the judicial authority
competent.
2-It is correspondingly applicable to the provisions of Article 154 (2) and paragraphs 5 and 6
of Article 156 para.
3-The exams likely to offend the pudor of people must respect dignity
and, as far as possible, the pudor of whoever they submit. The exam only assists
who to him to proceed and the competent judicial authority, and may examine it
make yourself follow up with person of your trust, if there is no danger in the delay, and
you should be informed that you have this faculty.
Article 173.
People at the site of the exam
1-A judicial authority or the competent criminal police body may
determine that some or some persons do not depart from the site of the examination and
oblige, with the aid of the public force, if necessary, those wishing to move away from
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to which in it they retain themselves as long as the examination does not end and its presence is
indispensable.
2-It is correspondingly applicable to the provisions of Article 171 (4).
CHAPTER II
From magazines and searches
Article 174.
Assumptions
1-When there are indications that someone is hiding in your person any objects
related to a crime or that can serve as proof, is ordered reviewed.
2-When there are indications that the objects referred to in the preceding paragraph, or the
defendants or other person who should be detained, find themselves in reserved seat or
not freely accessible to the public, it is ordered search.
3-The magazines and searches are authorised or ordered by order by the authority
competent judiciary, and this shall, where possible, be presided over the due diligence.
4-The order provided in the preceding paragraph has a maximum shelf life of 30
days, under penalty of nullity.
5-Risels of the requirements contained in paragraph 3 the magazines and searches carried out by
criminal police organ in the cases:
a) Of terrorism, violent or highly organized crime, when there is
fundata evidence of the impending practice of crime that endanger the
life or the integrity of any person;
b) Where the vises consinate, provided that the consent provided stays, by
any form, documented; or
c) When in detention in flagrante for crime to which it matches the sentence of
prison.
6-In cases referred to in paragraph a) from the previous number, the realization of the due diligence is, under
penalty of nullity, immediately communicated to the judge of instruction and by this
appreciated in order to its validation.
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Article 175.
Formalities of the magazine
1-Before the magazine is carried out, it is delivered to the target, save in the cases of paragraph 5 of the
previous article, copy of the dispatch that determined it, in which it is made mention that
that one can indicate, to witness the diligence, person of your trust and that if
present without delonga.
2-A The magazine must respect personal dignity and, as far as possible, the pudor of the
toured.
Article 176.
Formalities of the search
1-Before the search is carried out, it is delivered, save in the cases of Article 174 (5), to
who has the availability of the place in which the due diligence takes place, copy of the
dispatch that determined it, in which it is made mention that it can attend the due diligence and
make yourself follow up or replace per person of your trust and who present themselves
without delonga.
2-Speaking of the persons referred to in the preceding paragraph, the copy is, where possible,
delivered to a relative, to a neighbor, to the doorman or to someone who replaces him.
3-Together with the search or during it can proceed to the magazine of people who se
find in place, if whoever orders or carries out the search has reasons to presume
that the assumptions of Art. 174 (1) may also proceed to be made
as available in Article 173 para.
Article 177.
Home search
1-A The search home inhabited or in a closed dependency can only be ordered
or authorised by the judge and carried out between 7 and 21 pm under penalty of nullity.
2-Between 21 and 7 pm, the home search can only be carried out in the cases of:
a) Terrorism or especially violent or highly organized crime;
b) Consent of the visage, documented by any form;
c) Flagrant offence by the practice of crime punishable with a higher prison sentence, in the
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its maximum, to three years.
3-Home searches may also be ordered by the Public Prosecutor's Office or be
carried out by criminal police body:
a) In the cases referred to in Article 174 (5), between 7 and 21 pm;
b) In the cases referred to in points b) and c) of the previous number, between 21 and 7
hours;
4-It is correspondingly applicable to the provisions of Article 174 (6) in cases in
that the domicile search is carried out by criminal police body without
consent from the targeted and out of flagrante delicto.
5-Dealing with search in attorney's office or in doctor's office, she is,
under penalty of nullity, presided over personally by the judge, which previously warns the
president of the local council of the Order of Lawyers or of the Order of Physicians,
so that the same, or one your delegate, may be present.
6-Addressing the search for official health establishment, the notice to which the
previous number are made to the chairman of the board of directors or management of the
establishment or whom to legally replace it.
CHAPTER III
From seizures
Article 178.
Objects susceptible to seizure and assumptions of this
1-Are seized of the objects that have served or were intended to serve the
practice of a crime, those constituting their product, profit, price or reward,
and well thus all objects that have been left by the agent at the site of the
crime or any others likely to serve the proof.
2-The seized objects are joined together in the process, when possible, and, when not,
entrusted to the guard of the clerk of justice adstrito to the process or of a
depositary, of everything if making mention in the auto.
3-Apprehensions are authorized, ordered or validated by order of authority
judicial.
4-Criminal police bodies may carry out seizures in the course of journals or
of searches or when there is urgency or danger in the delay, in the terms provided for in the
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Article 249 (2) (2) c) .
5-seizures carried out by criminal police body are subject to validation by the
judicial authority, within the maximum period of seventy and two hours.
6-The holders of the subject goods or rights of seizure may apply to the judge of
instruction the modification or revocation of the measure. Is correspondingly applicable
the provisions of Article 68 (5).
7-If the seized objects are likely to be declared lost in favour of the
State and do not belong to the accused, the judicial authority orders the presence of the
interested and listen to it. The judicial authority presscinde 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 order, by dispatch, the seizure,
even at the post office and telecommunication stations, of letters, orders,
values, telegrams or any other correspondence, when you have founded reasons
to believe that:
a) The correspondence has been expedited by the suspect or is directed to him, even if
under diverse name or through diverse person;
b) It is in cause crime punishable with a higher prison sentence, at its fullest, the
three years; and
c) The diligence will prove to be of great interest to the discovery of the truth or
for the proof.
2-It is prohibited, under penalty of nullity, seizure and any other form of control of the
correspondence between the accused and his defender, save if the judge has founded
reasons to believe that that constitutes the subject matter or element of a crime.
3-The judge who has authorized or ordered due diligence is the first person to take
knowledge of the content of the apprehended correspondence. If you consider it relevant
for the proof, fà-la join the process; otherwise, restitution-to whom of the right,
it may not be used as a means of proof, and is connected by duty of
secret with respect to what you have become aware of and have no interest
for the proof.
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Article 180.
Apprehension in attorney's office or in doctor's office
1-Apprehension operated in attorney's office or in doctor's office is
correspondingly applicable the provisions of the n. the
5 and 6 of Article 177 para.
2-In cases referred to in the preceding paragraph is not permitted, under penalty of nullity, the
seizure of documents covered by the professional secret, or covered by
secret medical professional, unless they themselves constitute object or element
of a crime.
3-It is correspondingly applicable to the provisions of paragraph 3 of the preceding Article.
Article 181.
Seizure in bank establishment
1-The judge proceeds to the seizure in banks or other credit institutions of
documents, securities, values, amounts and any other objects, even if in
individual coffers, when they have founded reasons to believe that they are
related to a crime and will prove to be of great interest to the discovery of the
true or for the proof, even if they do not belong to the accused or are not
deposited in their name.
2-The judge can examine the correspondence and any bank documentation for
discovery of the objects to be impounded in the terms of the preceding paragraph. The exam is done
personally by the judge, coadjuvated, when necessary, by police bodies
criminal and by qualified technicians, staying connected by duty of secrecy
on all that they have been aware of and do not have
interest for the proof.
Article 182.
Professional or employee secret and state secret
1-The persons indicated in Articles 135 to 137 present to the judicial authority,
when you order it, the documents or any objects they have in your
possession and should be apprehended, save if they invoke, in writing, professional secret
or of official or secret of state.
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2-If the refusal to funk into professional or employee secret, it is
correspondingly applicable to the provisions of Articles 135 (2) and 3, and 136, paragraph 2.
3-If the refusal merges to state secret, it is correspondingly applicable the
provisions of Article 137 (3).
Article 183.
Copies and certificates
1-To the autos can be put together copy of the seized documents, restituting in that
case the original. Making it necessary to conserve the original, of it can be done
copy or extracted certificate and handed over to whom it legitimately detain you. In the copy and in the
certificate is made express mention of the seizure.
2-From the self of seizure is delivered copy, whenever requested, to whom legitimately
detain the document or the object seized.
Article 184.
Affixing and lifting of stamps
Where possible, the seized objects are sealed. When lifting the stamps
assist, being possible, the same persons who have been present in their
affix, which they check if the stamps were not breached nor was it made any
alteration in the seized objects.
Article 185.
Seizure of things without value, perishables, dangerous or deteriorable
1-If the apprehension respects things without value, perishable, dangerous, deteriorable or
whose use entails loss of value or qualities, the judicial authority may
order, as the cases, for their sale or allocation for public purpose or
socially useful, the necessary conservation or maintenance measures or their
immediate destruction.
2-Unless lawful provision to the contrary, the judicial authority determines which form
which must comply with the sale, from among those provided for in the civil procedural law.
3-The product ascertained in the terms of the previous number reverses to the State after the
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deduction of expenses resulting from the guard, conservation and sale.
Article 186.
Restitution of the seized objects
1-As soon as it becomes unnecessary to maintain the seizure for the purpose of proof, the
seized objects are restituted to those of law.
2-As soon as it transits on trial the sentence, the seized objects are restituted to
who of law, save if they have been declared lost in favour of the State.
3-The persons to whom the objects are to be restituted shall be notified to
proceed to your survey within a maximum of 90 days, finite of which passes the
support the costs resulting from your deposit.
4-If the persons referred to in the preceding paragraph do not carry out the waiver in the
period of one year from the notification referred to in the preceding paragraph, the objects
consider themselves to be lost in favour of the state.
5-Rission of the provisions in the preceding paragraphs the case in which the seizure of
objects belonging to the accused or to the civil officer should be held to the title of
preventative arrest, pursuant to Article 228 para.
CHAPTER IV
From telephone wiretaps
Article 187.
Admissibility
1-A interception and the recording of talks or telephone communications can only
be authorised during the investigation, if there is reason to believe that the diligence is
indispensable for the discovery of the truth or that the proof would otherwise be
impossible or very difficult to obtain, by reasoned order of the judge and upon
application from the Public Prosecutor's Office, as to crimes:
a) Punishable with a maximum prison sentence, at its maximum, to three years;
b) Dealing with trafficking in narcotics;
c) From detention of prohibited weapon and arms trafficking;
d) Of contraband;
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e) Of injury, of threat, of coerce, of devout of private life and disturbance
of peace and quiet, when committed through telephone;
f) De menace with practice of crime or of abuse and simulation of danger signs;
or
g) Of evasion, when the accused have been convicted of some of the crimes
provided for in the previous paragraphs.
2-A authorization to which you rent the previous paragraph may be requested to the judge of seats
where to eventually be able to effect the conversation or telephone communication or
of the registered office of the competent authority for criminal investigation, dealing with the
following crimes:
a) Terrorism, violent or highly organized crime;
b) Kidnapping, abduction and taking of hostages;
c) Against the cultural identity and personal integrity, provided for in Title III of the
Book II of the Criminal Code, and provided for in the Criminal Law on Violations of the
International Humanitarian Law;
d) Against the security of the State provided for in Chapter I of Title V of Book II of the
Criminal Code;
e) Forgery of currency or equated securities the currency provided for in the articles
262., 264, in the part where it refers to Art. 262, and 267, in the part in
which refers to Articles 262 and 264 of the Criminal Code;
f) Covered by convention on the safety of air or sea navigation.
3-In cases provided for in the preceding paragraph, the authorisation is taken, within the maximum period of
72 hours, to the knowledge of the judge of the process, to whom it is up to practise the acts
subsequent jurisdictions.
4-A interception and the recording predicted in the previous numbers can only be
authorized, regardless of the entitlement of the means of communication used,
against:
a) Suspect or defendants;
b) Person who serves as an intermediary, for which there are founded reasons
to believe that it receives or transmits messages targeted or sourced from
suspect or defendants; or
c) Victim of crime, upon the respective consent, effective or presumed.
5-Is prohibited the interception and recording of talks or communications between the
defendants and their defender, unless the judge has founded reasons to believe that they
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constitute the object or element of crime.
6-A interception and the recording of talks or communications are authorized by the
maximum term of three months, renewable for periods subject to the same limit,
provided that the respective admissibility requirements are checked.
7-Without prejudice to the provisions of Article 248, the recording of talks or
communications may only be used in another process, in progress or to be established, if
has a result of interception of communication medium used per person referred to
in paragraph 4 and in so far as it is indispensable to the proof of crime provided for in paragraph 1.
8-In the cases provided for in the preceding paragraph, the technical supports of the talks or
communications and the dispatches that substantiated the respective interceptions are
together, upon dispatch of the judge, to the process in which they should be used as a medium
of proof, being extracted, if necessary, copies to the effect.
Article 188.
Formalities of operations
1-The criminal police organ that makes the interception and the recording to which the
previous article washes the corresponding auto and elabora report in which it indicates the
relevant passages for the proof, describes in a succinct way the respective contents
and explains their reach for the discovery of the truth.
2-The provisions of the preceding paragraph shall not prevent the criminal police body from which
proceed to research take advance knowledge of the content of the
communication intercepted in order to be able to practise the necessary cautionary acts and
urgent to ensure the means of proof.
3-The criminal police body referred to in paragraph 1 leads to the knowledge of the Ministry
Public, from 15 in 15 days from the beginning of the first interception carried out in the
process, the corresponding technical supports, as well as the respective autos and
reports.
4-The Public Prosecutor's Office leads to the knowledge of the judge the elements referred to in the
previous number within the maximum term of 48 hours.
5-To be aware of the content of the talks or communications, the judge is
coadjuved, when understanding convenient, by criminal police body and appoints,
if necessary, interpreter.
6-Without prejudice to the provisions of paragraph 7 of the preceding Article, the judge determines the destruction
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immediate from the technical supports and manifestly strange reports to the process:
a) To be disregarding talks in which they do not intervene persons
referred to in paragraph 4 of the previous article;
b) Which cover subjects covered by professional secrecy, employee or
of State; or
c) Whose disclosure may seriously affect rights, freedoms and guarantees;
getting all the actors linked to the duty of secrecy relatively to the
talks that they have become aware of.
7-During the investigation, the judge determines, the application of the Public Prosecutor's Office, the
transcription and junction to the autos of the talks and indispensable communications for
substantiate the application of coaction or guarantee measures, to the
the exception of the term of identity and residence.
8-A from the closure of the survey, the assistant and the accused can examine the
technical supports of the talks or communications and obtain, at their own expense, copy of the
parties wishing to transcribe to join the process, as well as the reports
provided for in paragraph 1, up to the expiry of the time limits provided for the opening of the
instruction or present the contestation, respectively.
9-It can only be worth as proof of the talks or communications that:
a) Prosecutor's Office to send transcribe to the criminal police body it has
carried out the interception and recording and indicate as a means of proof in the
prosecution;
b) The defendants transcribe from the copies provided in the preceding paragraph and join
to the application for the opening of the instruction or the contestation; or
c) The assistant transcribe from the copies provided for in the preceding paragraph and
join the process within the time frame set to apply for the opening of the instruction,
yet that does not require it or does not have legitimacy for the purpose.
10-The court may proceed to the hearing of the recordings to determine the correction of the
transcripts already made or the junction to the autos of new transcripts, whenever
the understanding necessary to the discovery of the truth and the good decision of the cause.
11-People whose talks or communications have been listened to and
transcripts can examine the respective technical supports up to the close
of the trial hearing.
12-Technical supports referring to talks or communications that are not
transcripts to serve as means of proof are guarded in sealed envelope,
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to the order of the court, and destroyed after the traffic on trial of the decision that puser
term the process.
13-After the transit on trial provided for in the preceding paragraph, the technical supports that
are not destroyed are guarded in sealed envelope, together with the process, and only
may be used in the event of an extraordinary resource interposition.
Article 189.
Extension
1-The provisions of Articles 187 and 188 shall be correspondingly applicable to the
talks or communications conveyed by any technical means other than the
telephone, specifically electronic mail or other forms of transmission of
data by telematics, even if they find themselves guarded in digital support, and to the
interception of the communications between gifts.
2-A obtaining and joining the autos of data on cellular location or records of the
holding talks or communications can only be ordered or
authorized, at any stage of the case, by order of the judge, as to crimes
provided for in Article 187 (1) and in relation to the persons referred to in paragraph 4 of the
same article.
Article 190.
Nullity
The requirements and conditions referred to in Articles 187, 188, and 189 are set out under
penalty of nullity.
BOOK IV
Of the coaction and guarantee measures
Title I
General provisions
211
Article 191.
Principle of legality
1-A freedom of the people can only be limited, in whole or in part, in the function of
procedural requirements of a cautionary nature, by the coping and warranty measures
heritage provided for in the law.
2-For the purposes of the provisions of this book, no coaction shall be deemed to be measured
obligation to identify before the competent authority, in the terms and with the
effects provided for in Article 250.
Article 192.
General conditions of application
1-A The application of coaction and guarantee measures depends on the preview
constitution as argued, under the terms of Article 58, of the person who is
object.
2-No coaction or guarantee measure is applied when there is
fundata grounds to believe in the existence of causes of exemption from liability
or of extinction of the criminal procedure.
Article 193.
Principles of necessity, adequacy and proportionality
1-The coaction and guarantee measures to be applied in concrete shall be
necessary and appropriate to the precautionary requirements that the case requires and proportional
to the seriousness of the crime and to the sanctions that predictably come into being.
2-A preventive detention and the obligation to stay in housing can only be
applied when they reveal inappropriate or insufficient the other measures of
coaction.
3-When couber to the case measure of deprivative coaction of freedom under the
previous number, preference should be given to the obligation to remain in the dwelling
whenever it revs up enough to satisfy the cautionary requirements.
4-A The implementation of the coaction and guarantee measures shall not impair the
exercise of fundamental rights that are not inconsistent with the requirements
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cautionary that the case requires.
Article 194.
Dispatch of application and its notification
1-For the exception of the term of identity and residence, the measures of coaction and of
equity guarantee are applied by order of the judge, during the enquiry to
application from the Public Prosecutor's Office and after the investigation even officiously,
listened to the prosecutor's office.
2-During the investigation, the judge may not apply coaction or guarantee measure
a more serious patrimonial than that required by the Public Prosecutor's Office, under penalty of
nullity.
3-A The application referred to in paragraph 1 shall be preceded by hearing of the accused, resamped the cases
of impossibility duly substantiated, and may take place in the act of first
judicial interrogation, applying always to the hearing the provisions of paragraph 4 of the article
141.
4-A statement of reasons for the order applying any measure of coaction or of
guarantee patrimonial, other than the term of identity and residence, contains, under
penalty of nullity:
a) The description of the facts concretely imputed to the accused including, always
that they are known, the circumstances of time, place and mode;
b) The enunciation of the elements of the process which indict the imputed facts,
whenever your communication does not critically cause the investigation,
imenable the discovery of the truth or create danger to life, the
physical or psychic integrity or the freedom of procedural participants or
of the victims of the crime;
c) The legal qualification of the imputed facts;
d) The reference to the concrete facts that fulfil the assumptions of application
of the measure, including those provided for in Articles 193 and 204.
5-Without prejudice to the provisions of the paragraph b) from the previous number, cannot be
considered to substantiate the application to the accused of coating or
equity guarantee, apart from the term of identity and residence, any
facts or elements of the proceedings that have not been communicated to you during the
hearing referred to in paragraph 3.
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6-Without prejudice to the provisions of the paragraph b) of paragraph 4, the defendants and their defender may
consult the elements of the process determinants of the application of the measure of
coating or of a patrimonial guarantee, except for the term of identity and residence,
during judicial interrogation and within the time frame provided for the appeal interposition.
7-The order referred to in paragraph 1, with the warning of the consequences of the
non-compliance with the obligations imposed, it is notified to the accused.
8-In the case of preventive arrest, the dispatch is communicated immediately to the defender and,
whenever the accused intends him, the relative or the person of his / her trust.
Article 195.
Determination of the penalty
If the application of a coaction measure depends on the applicable penalty, it shall be met, in its
determination, to the maximum of the penalty corresponding to the crime that justifies the measure.
Title II
Of the coaction measures
CHAPTER I
Of the permissible measures
Article 196.
Term of identity and residence
1-A The judicial authority or the criminal police organ subjects the term of identity
and residence laundered in the process all the one that is constituted argued, yet
has already been identified in the terms of Article 250.
2-For the purpose of being notified by means of simple postal, pursuant to (c)
of Article 113 (1), the accused shall indicate his or her residence, the place of work or
another domicile at your choice.
3-Of the term must appear that the one has been given knowledge:
a) Of the obligation to appear before the competent authority or to hold
at the disposal of it whenever the law obligates it or for this to be properly
notified;
214
b) Of the obligation not to change residency nor from it if it is absent for more than
five days without communicating the new residence or the place where it can be
found;
c) That the later notifications will be made by simple post to the
address stated in paragraph 2, except if the accused communicates one another, through
of application delivered or remitted by registered post to the Registry
where the autos find themselves running at that time;
d) That the failure to comply with the provisions of the preceding paragraphs legitimizes its
representation by advocate in all procedural acts in which it has the
right or the duty to be present and as well the fulfillership of the hearing in
his absence, pursuant to Rule 333.
4-A The application of the measure referred to in this article is always cumulable with any other
of those provided for in this book.
Article 197.
Collateral
1-If the imputed crime is punishable by imprisonment, the judge may impose on the accused the
obligation to provide collateral.
2-If the defendants are unable to provide collateral or have serious difficulties
or inconveniences in providing it, may the judge, officiously or the application,
replace it with any or any other coaction measures, other than the
remand or obligation to remain in the dwelling, legally cabled
to the case, which are to add to others that have already been imposed.
3-In the setting of the amount of the surety take into account the purposes of a cautionary nature to
which is intended, the severity of the imputed crime, the damage by this caused and the condition
socio-economic of the accused.
Article 198.
Obligation of periodic presentation
1-If the imputed crime is punishable with imprisonment of a maximum of more than six
months, the judge may impose on the accused the obligation to present himself to an entity
judicial or to a certain criminal police body in preestablished days and hours,
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taking into account the professional demands of the accused and the place in which it inhabits.
2-A The periodic presentation obligation can be cumulated with any other
coaction measure, with the exception of the obligation to remain in the dwelling and the
preventive detention.
Article 199.
Suspension of the exercise of profession, function, activity and rights
1-If the imputed crime is punishable with a maximum prison sentence of more than 2 years, the
judge may impose on the defendants, cumulatively, if this is case, with any other
coaction measure, the suspension of the exercise:
a) Of profession, function or activity, public or private;
b) From parental power, tutelage, curatella, administration of goods or the
issuance of credit securities;
where the interdiction of the respective exercise may come to be enacted as
effect of the imputed crime.
2-When referring to public function, the profession or activity whose exercise
depend on a public title or an authorization or approval of the authority
public, or the exercise of the rights set out in paragraph b) of the previous number, the
suspension is communicated to the administrative, civil or judicial authority
normally competent to enact the suspension or the respective interdiction.
Article 200.
Prohibition and imposition of pipelines
1-If there are strong evidence of punishable felony practice punishable by imprisonment of
maximum of more than three years, the judge may impose on the accused, cumulative or
separately, the obligations of:
a) Do not remain, or do not remain without authorization, in the area of a
certain settlement, freguesia or concelain or in the residence where the crime
has been committed or where they inhabit the offending their family members or others
people on whom new crimes may be committed;
b) Not to be absent for the foreigner, or not to be absent without permission;
c) Not to be absent from the township, freguesia or concelain of your domicile, or not
216
if absent without authorization, save for predetermined places,
particularly for the place of work;
d) Do not contact, by any means, with certain persons or not
attend certain places or certain means;
e) Do not acquire, do not use or, within the time limit it is fixed, deliver arms or
other objects and utensils that they hold, capable of facilitating the practice of another
crime;
f) If subjecting, upon prior consent, the treatment of dependence of
that padee and there is favored the practice of crime, in proper institution.
2-The authorizations referred to in the preceding paragraph may, in the event of urgency, be
required and granted verbally, washing quota in the process.
3-A The ban on the accused if he is absent for the foreigner implies the delivery to the guard
of the court of the passport you possess and the communication to the competent authorities,
with a view to the non-concession or non-renewal of passport and the control of the
borders.
4-A The implementation of the measures provided for in this article is cumulable with that of the measure contained
in Article 198 para.
Article 201.
Obligation to remain in housing
1-If it considers inappropriate or insufficient, in the case, the measures referred to in the Articles
previous, the judge may impose on the accused the obligation of not to be absent, or of not
absent without authorization, from own housing or from another in which of a moment
resided, if there are strong indications of punishable felony practice punishable by
prison of most more than three years.
2-A The obligation to remain in the dwelling is cumulable with the obligation to not
contact, by any means, with certain persons.
3-For monitoring the performance of the obligations referred to in the preceding paragraphs
technical means of remote control may be used, in the terms provided for in the
law.
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Article 202.
Preventive detention
1-If it considers inappropriate or insufficient, in the case, the measures referred to in the Articles
previous, the judge may impose on the defendants ' pretrial detention when:
a) There are strong evidence of punishable felony practice punishable by prison sentence
maximum of more than 5 years;
b) There are strong indications of practice of felony crime of terrorism, criminality
violent or highly organized punishable punishment with maximum prison sentence
greater than 3 years; or
c) If it is treated as a person who has penetrated or stays irregularly in
national territory, or against which extradition proceedings are under way or
of expulsion.
2-Showing that the accused to subject pretrial detention suffers from anomaly
psychic, the judge can impose, heard the defender and, whenever possible, a family member,
that, as long as the anomaly persists, instead of the prison takes place internment
preventative in psychiatric hospital or other appropriate analogous establishment,
adopting the necessary cautions to prevent the dangers of leakage and comortment
of new crimes.
Article 203.
Violation of the obligations imposed
1-In the event of a breach of the obligations imposed by the application of a measure of
coaction, the judge, taking into account the seriousness of the imputed crime and the motives of the
violation, may impose another or other coaching measures provided for in this Code and
admissible in the case.
2-The judge may impose pretrial detention pursuant to the preceding paragraph, when the
defendants do not comply with the obligation to remain in housing, even if the crime
kayba prison sentence of maximum equal to or less than 5 years and above 3.
CHAPTER II
Of the conditions of application of the measures
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Article 204.
General requirements
No coaction measure, other than that provided for in Article 196, may be applied
if in concrete if you do not check, at the time of application of the measure:
a) Escape or danger of escape;
b) Danger of disturbance of the course of the investigation or of the instruction of the proceeding and,
notably, danger to the acquisition, conservation or veracity of the proof;
or
c) Danger, on the grounds of the nature and circumstances of the crime or of the
personality of the accused, of which this continues the criminal activity or
severely disrupt the order and public tranquility.
Article 205.
Cumulation with the collateral
The application of any measure of coaction, except for preventive arrest or
obligation to remain in housing, can always be cumulated with the obligation to
provide collateral.
Article 206.
Provision of the surety
1-A collateral is provided by means of deposit, pawn, mortgage, bank bail or
bail, in the concrete terms in which the judge admits it.
2-Preceding authorization of the judge, may the defendant who has provided collateral by
any of the means referred to in the preceding paragraph shall replace it with another.
3-A The provision of surety is processed by apenso.
4-In the argument that no collateral shall be correspondingly applicable the provisions of the
article 228 para.
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Article 207.
Reinforcement of the collateral
1-If, subsequently, collateral has been provided, circumstances are known that the
they render insufficient or imply the modification of the modality of provision, may the
judge impose their reinforcement or modification.
2-It is correspondingly applicable to the provisions of Article 197 (2) and in Article 203.
Article 208.
Breakage of the collateral
1-A The collateral considers itself broken when it is found to be unwarranted from the accused to
procedural act to which it must appear or default on derivative obligations
of a coaction measure that has been imposed on it.
2-Broken the surety, its value reverses to the state.
Article 209.
Difficulties in applying or implementing a measure of coaction
For the purpose of application or implementation of a coaction measure is
correspondingly applicable the provisions of Article 115 para.
Article 210.
Unsuccessful of the representations for application of preventive detention
If the judge has elements to assume that a person intends to subtract from the application or
execution of the preventive arrest, can apply it immediately, until the execution of the
measured if carried out, the measures laid down in Articles 198 to 201, including, or some
or some of them.
Article 211.
Suspension of the execution of preventive detention
1-In order to apply for preventive detention or during the execution of this judge may
220
to establish the suspension of the execution of the measure, if this is required by reason of
serious illness of the accused, of pregnancy or of puerptery. The suspension cesses as soon as
cease to check-if the circumstances that determined it and in all manner, in the
case of puerptery, when it is exhausted the 3 th month posterior to childbirth.
2-During the period of suspension of the execution of preventive detention the accused gets
subject to the measure provided for in Article 201 and any others that are disclosed
suitable to your state and compatible with it, namely that of internment
hospital.
CHAPTER III
Of the revocation, alteration and extinction
Article 212.
Revocation and replacement of measures
1-Coatings measures are immediately revoked, by order of the judge, always
that to check:
a) Have been applied outside the hypotheses or the conditions laid down in the law; or
b) Having ceased to subsist the circumstances that justified their application.
2-Revised measures may again be applied, without prejudice to the unity of the
deadlines that the law establish, if they are to survive grounds that lawfully warrant the
your application.
3-When to check a mitigation of the precautionary requirements that determined the
application of a measure of coaction, the judge replaced it with another less serious or
determines a less gravy form of its execution.
4-A The revocation and the replacement provided for in this article take place officiously or the
application by the Public Prosecutor's Office or the accused, and these shall be heard, save
in the cases of impossibility duly substantiated. If, however, the judge judge the
motion of the accused manifestly unfounded, condemns it to the payment of
a sum between 6 UC and 20 UC.
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Article 213.
Re-examination of the assumptions of pretrial detention and the obligation to remain in the
housing
1-The judge officiously proceeds to the review of the assumptions of the preventive detention or
of the obligation to remain in housing, deciding whether they are to maintain or
must be replaced or revoked:
a) Within the maximum period of 3 months, from the date of your application or the last
review; and
b) When in the process they are given dispatch of charge or pronunciation
or decision that you know, the final, of the subject matter of the case and do not determine the
extinguishing of the applied measure.
2-In the decision referred to in the preceding paragraph, or where necessary, the judge
check the fundamentals of raising the deadlines of pretrial detention or the
obligation to remain in the dwelling, in the terms and for the purposes of the provisions of the
n. paragraphs 2, 3 and 5 of Article 215, and in Article 218 (3).
3-Whenever necessary, the judge listens to the Public Prosecutor's Office and the accused.
4-A In order to substantiate the decisions on the maintenance, replacement or revocation of the
pre-trial detention or the obligation to remain in the dwelling, the judge,
officiously or at the request of the Public Prosecutor's Office or the accused, may request
the elaboration of expertise on personality and social reporting or information
of the social reinsertion services, provided that the accused conspicuously in its realization.
5-A decision that maintains preventive detention or the obligation to remain in the
housing is likely to appeal in the general terms, but does not determine the
supervenient pointlessness of prior decision appeal that there is applied
or kept the measure in question.
Article 214.
Extinction of measures
1-The coaction measures extinguish immediately:
a) With the archiving of the survey;
b) With the prowling of the dispatch of non-pronunciation;
c) With the prolling of the order rejecting the charge, under the terms of the paragraph a)
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of Article 311 (2);
d) With the absolute sentence, even if it has been appeded to appeal; or
e) With the traffic on trial of the sentencing sentence.
2-The measures of preventive arrest and obligation to stay in housing
extinguish equally immediately when it is handed down sentencing,
even if it has been brought into appeal, if the penalty applied is not superior to the
imprisonment or the obligation of permanence already suffered.
3-Se, in the case of point d) of paragraph 1, the accused come to be subsequently convicted in the
same process, may, as long as the sentencing sentence does not transact on trial,
be subject to coaction measures provided for in this Code and admissible in the case.
4-If the coaction measure is that of surety and the accused come to be sentenced in prison,
that one only extinguishes with the beginning of the execution of the feather.
Article 215.
Deadlines for maximum duration of pretrial detention
1-A Pretrial detention extinguished when, from its incept, they have elapsed:
a) Four months without any charge being deducted;
b) Eight months without which, taking place the instruction, has been handed down
instructional;
c) 1 year and 2 months without there having been conviction in the first instance;
d) 1 year and 6 months without there has been conviction with traffic on trial.
2-The time limits 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 crime
or highly organized, or when to proceed by punishable crime with a penalty of
prison of a maximum of more than 8 years, or for crime:
a) Provided for in Articles 299, 312, paragraph 1, 315, paragraph 1, 319, 319, 326, 326,
331 or 333, paragraph 1, of the Criminal Code;
b) From theft of vehicles or from falsification of documents to them relating to or from
elements identifiers of vehicles;
c) Of currency falsification, credit securities, sealed values, stamps and
similar or the respective passage;
d) De burla, insolvency dolosa, danish administration of the public sector or
co-operative, falsification, corruption, embezziness or economic participation
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in business;
e) From bleaching of advantages of illicit provenance;
f) Of fraud in the obtaining or deviation of subsidy, grant or credit;
g) Covered by convention on the safety of air or sea navigation.
3-The time limits 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 by one of the
crimes referred to in the preceding paragraph and reveal themselves of exceptional complexity,
due, inter alia, to the number of defendants or of offending or the character
highly organized crime.
4-A The exceptional complexity referred to in this article can only be
declared during the first instance, by reasoned order, officiously
or the application by the Public Prosecutor's Office, heard the accused and the assistant.
5-The deadlines referred to in points c) and d) of paragraph 1, as well as the correspondingly
referred to in paragraphs 2 and 3, six months are added if there has been recourse to
the Constitutional Court or if the criminal case has been suspended for
trial in another court of a preliminary ruling.
6-In the event that the accused has been sentenced to imprisonment in the first instance and the
sentencing sentence has been confirmed in the seat of ordinary appeal, the term
maximum preventive detention amounts to half of the penalty that has been fixed.
7-A The existence of various prosecutions against the accused for crimes practiced before it
has been applied for preventive detention does not allow to exceed the deadlines provided for in the
previous numbers.
8-In the count of the maximum duration of the preventive prison time limits are included
periods in which the accused has been subject to an obligation to remain in the
housing.
Article 216.
Suspension of the course of time limits for maximum duration of preventive detention
The course of time limits provided for in the preceding Article suspends in the event of illness of the
argued that to impose hospital internment, if their presence is indispensable to the
continuation of the investigations.
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Article 217.
Release of the accused subject to preventive detention
1-The accused subject to pretrial detention is put to liberty as soon as the measure is
extinguish, save if the arrest is due to be kept by another process.
2-If the release takes place because they have exhausted the deadlines of maximum duration of the
remand, the judge may subject the defendants to some or some of the measures
provided for in articles 197 to 200, inclusive.
3-When to consider that the release of the accused can create danger to the offending, the
court informs him of the date on which the release will take place.
Article 218.
Deadlines for maximum duration of other coaction measures
1-The coaction measures provided for in Articles 198 and 199 extinguish themselves when,
since the beginning of its implementation, the time limits referred to in the article have elapsed
215., paragraph 1, high at double.
2-The coaction measure provided for in Article 200 is correspondingly applicable to the
provisions of Articles 215 and 216.
3-The coaction measure provided for in Article 201 is correspondingly applicable to the
in the provisions of Articles 215, 216 and 217.
CHAPTER IV
Of the modes of impugning
Article 219.
Feature
1-Only the defendants and the Public Prosecutor's Office for the benefit of the accused may appeal
of the decision that applies, shall maintain or replace measures provided for in this title.
2-There is no litigation or case-to-case relationship between the resource provided for in the
previous number and the providence of habeas corpus , regardless of the
respective fundamentals.
3-A Decision to dismiss the application, revoke or declare extinct the measures
225
provided for in this title is irrecurrable.
4-The appeal is judged within a maximum of 30 days from the time when the
autos are received.
Article 220.
Habeas corpus by virtue of illegal detention
1-The detainees to the order of any authority may apply to the investigating judge of the
area where they find themselves to order their immediate judicial presentation, with
any of the following fundamentals:
a) Being exceeded the deadline for delivery to the judiciary;
b) Keep hold of detention outside the legally permitted places;
c) Have been the detention carried out or ordered by an incompetent entity;
d) Being the detainment motivated by fact by which the law does not allow it.
2-The application may be subscribed to by the detainee or by any citizen in the enjoyment of the
your political rights.
3-It is punishable by the penalty provided for in Article 382 of the Criminal Code any authority
that to raise illegitimate obstacle to the submission of the application referred to in the
previous figures or your referral to the competent judge.
Article 221.
Procedure
1-Received the application, the judge, if it does not consider it manifestly unfounded,
orders, by telephone, if necessary, the immediate presentation of the detainee, under
penalty of qualified disobedience.
2-Conjointly with the order referred to in the preceding paragraph, the judge sends to notify the
entity that has the detainee at his or her guard, or who can represent it, to se
present in the same act mundane of the necessary information and clarifications to the
decision on the application.
3-The judge shall decide, heard from the prosecutor's office and the defender constituted or appointed
to the effect.
4-If the judge refuses the application for manifestly unsubstantiated, it condemns the
applicant for the payment of a sum between 6 UC and 20 UC.
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Article 222.
Habeas corpus by virtue of illegal arrest
1-A any person who finds himself illegally arrested the Supreme Court of Justice
grants, under petition, the providence of habeas corpus.
2-A petition is formulated by the inmate or by any citizen in the enjoyment of their rights
politicians, it is directed, in duplicate, to the President of the Supreme Court of Justice,
presented to the authority to the order of which the one remains imprisoned and is to merge
in illegality of the arrest arising from:
a) Have been carried out or ordered by an incompetent entity;
b) Be motivated by fact by which the law does not allow it; or
c) Keep in addition to the deadlines set by the law or by judicial decision.
Article 223.
Procedure
1-A The petition is sent immediately to the President of the High Court of Justice,
with information about the conditions in which it was carried out or is kept in prison.
2-If the information appears that the arrest holds, the President of the Supreme Court
of Justice convenes the criminal section, which deliberates in the subsequent eight days,
notifying the Public Prosecutor's Office and the defender and naming this, if it is not already
constituted. They are correspondingly applicable to Articles 424 and 435.
3-The rapporteur makes an exhibition of the petition and the response, after which it is granted the
word, for fifteen minutes, to the prosecutor's office and the defender; then the
section gathers for deliberation, which is immediately made public.
4-A deliberation can be taken in the sense of:
a) To dismiss the request for lack of grounds quite a lot;
b) Sending immediately the inmate to the order of the Supreme Court of
Justice and on the spot by this nominee, appointing a judge to proceed to
enquiries, within the time limit for which it is set, on the conditions of
legality of the arrest;
c) Sending the inmate in the competent court and within the time of twenty four
hours, under penalty of qualified disobedience; or
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d) Declare illegal the arrest and, if any, order the immediate release.
5-Having been ordered ascertained, pursuant to the paragraph b) of the previous number, is the
report submitted to the criminal section, in order to be made the decision that to the case
couber within the eight-day time frame.
6-If the Supreme Court of Justice judges the petition of habeas corpus manifestly
unfounded, condemns the petitioner for the payment of a sum between 6 UC and 30 UC.
Article 224.
Non-compliance with the decision
It is punishable by the penalties provided for in Article 369, paragraph 4 and 5, of the Criminal Code, as per
the case, the failure to comply with the Supreme Court of Justice's decision on the petition of
habeas corpus, relative to the destination to give to the person arrested.
CHAPTER V
From compensation for deprivation of illegal or unjustified freedom
Article 225.
Modalities
1-Whoever has suffered detention, pretrial detention or obligation to stay in the
housing may require, before the competent court, compensation for damage
suffered when:
a) The deprivation of liberty is illegal under Article 220 (1) or the n.
2 of Article 222;
b) The deprivation of liberty if it has due to gross error in the appreciation of the
assumptions of fact that it depended; or
c) If it proves that the accused was not an agent of the crime or acted on
justifiably.
2-In cases of the points b) and c) of the previous number the duty to indemnify basket if the
argued to have competed, by dolo or negligence, for the deprivation of your liberty.
228
Article 226.
Deadline and legitimacy
1-The claim for damages may not, under any circumstances, be proposed after
a year has elapsed about the time when the detainee or inmate was released or was
definitely decided the respective criminal proceedings.
2-In case of death of the unjustifiably deprived of liberty and as long as it has not
there has been no waiver on your part, may the compensation be required by the spouse not
separate from people and goods, by the descendants and the ascendants. The
arbitrated compensation to persons who housees it required cannot, however, in the
their set, surpass that which would be arbitrated to the detainee or arrested.
Title III
Of the equity guarantee measures
Article 227.
Economic collateral
1-Havendo founded fear that it will fail or substantially diminish the guarantees
of payment of the pecuniary penalty, the costs of the proceedings or any other
debt to the state related to the crime, the Public Prosecutor's Office requires that
the accused pay economic collateral. The application indicates the terms and modalities
where it must be provided.
2-Havendo founded fear that it will fail or substantially diminish the guarantees
of payment of the indemnity or other civil obligations derived from the crime, the
aggrieved may require the accused or the civilly responsible to provide surety
economic, in the terms of the previous number.
3-A economic collateral provided for application by the Public Prosecutor's Office
also to the aggrieved.
4-A Economic collateral remains distinct and autonomous with respect to the surety referred to
in Article 197 and subsists up to the absolute final decision or until the extinction of the
obligations. In the event of a conviction are paid for their value, successively, the
fine, the rate of justice, the costs of the proceedings and the compensation and other obligations
civilians.
229
Article 228.
Preventative Arrest
1-A The application of the Public Prosecutor's Office or the aggrieved, can the judge enact the arrest,
pursuant to the law of the civil procedure; if it has been previously fixed and not provided
economic collateral, is the applicant waived from the evidence of the founded fear of
loss of the patrimonial guarantee.
2-The preventative harrest referred to in the preceding paragraph may be enacted even in
relation to merchant.
3-A The opposition to the order that has decreed arrest has no suspensive effect.
4-In case of controversy over the ownership of the arrested goods, may the judge
refer the decision to civil court, while remaining the arrest decreed.
5-The arrest is revoked at all times in which the accused or the civilly responsible
preshas the economic collateral imposed.
BOOK V
Relations with foreign authorities and international judicial entities
Title I
General provisions
Article 229.
Prevalence of international agreements and conventions
The rogatory, the extradition, the delegation of the criminal procedure, the effects of the sentences
foreign criminal and the remaining relations with the foreign authorities concerning the
administration of criminal justice are regulated by international treaties and conventions
and, in its absence or insufficiency, by the provisions of special law and still by the provisions
of this book.
230
Article 230.
Rogatory abroad
1-Without prejudice to the provisions of the previous article, the rogatory to the foreign authorities
are delivered to the Public Prosecutor's Office for dispatch.
2-The rogatory to the foreign authorities are only passed when the authority
competent judiciary to understand that they are necessary to the evidence of some essential fact
for the prosecution or for the defense.
Article 231.
Reception and compliance of rogatory
1-The rogatory are received by any route, competing with the Public Prosecutor's Office
promote your compliance.
2-A Decision to comply with the rogatory directed to judicial authorities
Portuguese rests with the judge or the prosecutor's office, in the framework of the respective
competencies.
3-Received the rogatory that should not be complied with by the Public Prosecutor's Office, is given
view to oppose compliance with what to judge convenient.
Article 232.
Refusal of the observance of rogatory
1-Compliance with rogatory is refused in the following cases:
a) When the rogated judicial authority is not competent for the practice of the
act;
b) When the solicitation is to address the act that the law prohibits or is contrary to the
Portuguese public order;
c) When the execution of the rogatory is to infringe upon the sovereignty or security
of the State;
d) When the act entails execution of a foreign court decision subject to
review and confirmation and the decision if it does not show magazine and confirmed.
2-In the case referred to in point a) of the previous number, the judicial authority
rogada sends the rogatory to the competent judicial authority, if this is Portuguese.
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Article 233.
Cooperation with international judicial entities
The provisions of Article 229 apply, with due adaptations, to the cooperation with
international judicial entities established in the framework of treaties or conventions
that binds the Portuguese state.
Title II
From the review and confirmation of foreign criminal sentence
Article 234.
Need for review and confirmation
1-When, by virtue of law or treaty or convention, a foreign criminal sentence
must have effectiveness in Portugal, its executive strength depends on prior review and
confirmation.
2-A The request of the person concerned can be confirmed, in the same review process and
confirmation of foreign criminal sentence, the conviction in civil damages
constant of the same.
3-The provisions of paragraph 1 shall not have application when the foreign criminal sentence is
invoked in the Portuguese courts as a means of proof.
Article 235.
Competent court
1-It is competent for the review and confirmation of the relationship of the judicial district in which the
argued to have the last domicile or, failing that, to be found, or in which to have the
last domicile or is found the highest number of defendants.
2-If it is not possible to determine the competent court in accordance with the provisions of the
previous number, it is competent the Court of the Relation of Lisbon.
3-If the review and confirmation is requested only in respect of the civil part of the sentence
penal, it is competent for it the relationship of the judicial district where the respective effects
should be worth.
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Article 236.
Legitimacy
They have legitimacy to ask for the review and confirmation of foreign criminal sentence the
Prosecutor's Office, the defendants, the assistant and the civil parties.
Article 237.
Requirements of the confirmation
1-For confirmation of foreign criminal sentence it is necessary that if you check the
following conditions:
a) That by law, treaty or convention, the sentence may have executive force in
Portuguese territory;
b) That the fact that motivated the conviction is also punishable by the law
portuguese;
c) That the sentence has not applied penalty or security measure prohibited by the
Portuguese law;
d) That the accused has been assisted by defender and, when he ignored the language
used in the process, by interpreter;
e) That, unless treated or convention to the contrary, the sentence does not respect the crime
qualifable, under Portuguese law or that of the country in which he was handed a
sentence, of crime against the security of the state.
2-Valem correspondingly for confirmation of foreign criminal sentence, in the
applicable part, the requirements that the civil procedure law makes depend on
confirmation of foreign civil sentence.
3-If the foreign criminal sentence has applied penalty that the Portuguese law does not provide for or
penalty that Portuguese law provides for, but in a measure superior to the legal maximum
admissible, the sentence is confirmed, but the penalty applied converts into that which
to the case coubesse according to Portuguese law or reduces itself to the appropriate limit. No
obstinates, however, to the confirmation of application by the foreign sentence of penalty in limit
lower to the minimum admissible by Portuguese law.
233
Article 238.
Exclusion of enforceability
Checking all the necessary requirements for the confirmation, but finding yourself
extinguished, under Portuguese law, the criminal procedure or the penalty, by prescription,
amnesty or any other cause, confirmation is granted, but the executive force of the
feathers or applied safety measures is denigrated.
Article 239.
Start of execution
The execution of confirmed foreign criminal sentence does not begin while the
doomed not to comply with the penalties or security measures of the same nature in which
has been condemned by the Portuguese courts.
Article 240.
Procedure
In the procedure of review and confirmation of foreign criminal sentence follow the
trames of civil procedure law in everything as if it does not provide for in the special law, as well as
in the previous articles and still in the following points:
a) From the decision of the relationship it is up to appeal, interposed and prosecuted as the resources
for criminal purposes, for the criminal section of the Supreme Court of Justice;
b) The Public Prosecutor's Office has always been given legitimacy to appeal.
PART II
BOOK VI
Of the preliminary stages
Title I
General provisions
CHAPTER I
From the news of crime
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Article 241.
Acquisition of the news of the crime
The Public Prosecutor's Office acquires news of the crime for its own knowledge, by
intermediate of the criminal police organs or upon complaint, in the terms of the articles
following.
Article 242.
Mandatory complaint
1-A The complaint is mandatory, even if the agents of the crime are not known:
a) For police entities, as for all the crimes they take
knowledge;
b) For employees within the meaning of Article 386 of the Criminal Code, as to
crimes of which they take notice in the exercise of their duties and by
cause of them.
2-When several persons are obliged to the complaint of the same crime, their
presentation by one of them dispensing the remaining ones.
3-When referring to a crime whose procedure depends on complaint or charge sheet
particular, the complaint only gives way to enquiry if the complaint is
presented at the legally anticipated deadline.
Article 243.
Auto news
1-Whenever a judicial authority, a criminal police organ or other
police entity to witness any crime of mandatory denunciation, raise or
mandam to raise news self, where they mention:
a) The facts that constitute the crime;
b) The day, the time, the place and the circumstances in which the crime was committed; and
c) Anything you can ascertain about the identification of the agents and the
offended, as well as the means of evidence known, namely the
witnesses who can testify about the facts.
235
2-The news self is signed by the entity that raised it and by what sent it
raise.
3-The news self is mandatorily referred to the Public Prosecutor's Office in the shortest
deadline, which cannot exceed 10 days, and is worth as a complaint.
4-In connection cases, in the terms of Articles 24 and following, you may stand up
only self-news.
Article 244.
Optional complaint
Any person who has news of a crime can report it to the Public Prosecutor's Office,
the other judicial authority or the criminal police bodies, unless the procedure
respective depend on complaint or particular charge.
Article 245.
Denunciation of the incompetent entity for the procedure
The complaint made to the diverse entity of the Public Prosecutor's Office is transmitted to this in the most
short term, which cannot exceed 10 days.
Article 246.
Form, content and species of complaints
1-A denunciation may be made verbally or in writing and is not subject to
special formalities.
2-A verbal denunciation is reduced to written and signed by the entity that receives it and by the
denouncing, properly identified. It is correspondingly applicable the willing
in Art. 95 (3).
3-A The complaint contains, to the extent possible, the indication of the elements referred to in the
article 243 of Article 243 (1)
4-The whistleblower may declare, in the complaint, that he wishes to constitute an assistant.
Dealing with a crime whose procedure depends on particular charge, the
declaration is binding, and in this case, the judicial authority or the organ of
criminal police to whom the complaint is made verbally to warn the whistleblower of the
236
mandatory constituting of assistant and the procedures to be observed.
5-A anonymous tip-off may only determine the opening of inquiry if:
a) Of her withdrawing hints from the practice of crime; or
b) Constitute crime.
6-In cases provided for in the preceding paragraph, the judicial authority or the police body
competent criminal information inform the holder of the right of complaint or participation of the
existence of the complaint.
7-When the anonymous complaint does not determine the opening of inquiry, the authority
competent judiciary promotes its destruction.
Article 247.
Communication, registration and certificate of the complaint
1-The prosecutor's office informs the offending of the crime news, whenever it has
reasons to believe that he does not know her.
2-The Public Prosecutor's Office carries out or mandates the registration of all the complaints
that are transmitted to you.
3-The whistleblower may, at all times, apply for the certified Public Prosecutor's Office of the
record of the complaint.
CHAPTER II
Of the cautionary and police measures
Article 248.
Communication of crime news
1-The criminal police organs that have news of a crime, by knowledge
own or upon complaint, transmit it to the Public Prosecutor's Office in the shortest
deadline, which cannot exceed 10 days.
2-Applies the provisions of the previous number to crime news manifestly
unfounded that hajam was passed on to the criminal police organs.
3-In case of urgency, the transmission to which the preceding paragraph is referred can be made
by any means of communication for the available effect. The oral communication
must, however, be followed by written communication.
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Article 249.
Cautionary measures as to the means of proof
1-Compete to the criminal police organs, even before they receive order from the
competent judicial authority to carry out investigations, practise the acts
necessary and urgent caucuses to ensure the means of proof.
2-Competing them, inter alia, in the terms of the preceding paragraph:
a) Carry out examinations of the vestiges of the crime, in particular to the planned representations
in Art. 171 (2) and in Article 173, ensuring the maintenance of the state
of things and places;
b) Spoon information from the persons facilitating the discovery of the agents of the
crime and its reconstitution;
c) Carry out apprehensions in the course of magazines or searches or in case of
urgency or danger in the delay, as well as to adopt the precautionary measures
necessary for the conservation or maintenance of the seized objects.
3-Even after the intervention of the judicial authority, it is up to the police bodies
criminal ensure new means of proof that they have knowledge, without
injury from due to giving them immediate news to that authority.
Article 250.
Identification of suspect and request for information
1-Criminal police bodies can proceed to the identification of any person
found in public place, open to the public or subject to police surveillance,
whenever about her recaiam founded suspicions of the practice of crimes, from pendency
of extradition process or expulsion, of which it has penetrated or remains
irregularly on the national territory or there being against you a warrant of detention.
2-Before proceeding to identification, the criminal police organs must prove the
its quality, communicate to the suspect the circumstances that substantiate the
obligation to identify and indicate the means by which this one can identify.
3-The suspect may identify himself upon presentation of one of the following
documents:
a) Identity card or passport, in the case of being a Portuguese citizen;
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b) Title of residence, identity card, passport or document that
replace the passport, in the case of being a foreign citizen.
4-In the impossibility of the submission of one of the documents referred to in the number
previous, the suspect may identify himself upon presentation of document
original, or certified copy, which contains its full name, its signature and
his photography.
5-If it is not bearer of any identification document, the suspect may
identify by one of the following means:
a) Communication with a person who presents his or her documents
identification;
b) Displacement, accompanied by the criminal police bodies, to the place where if
they find their identification documents;
c) Recognition of your identity by a person identified in the terms of the
n 3 or paragraph 4 ensuring the veracity of personal data indicated by the
identifying.
6-In the impossibility of identification under the terms of paragraphs 3, 4 and 5, the police bodies
criminal can drive the suspect to the nearest police post and compell it to
remain there for the time strictly indispensable to identification, in case
any more than six hours, carrying out, in case of necessity, evidence
dactiloscopic, photographic or of an analogous nature and inviting the identifying to
indicate residence where it can be found and receive communications.
7-The acts of identification carried out in the terms of the preceding paragraph are always
reduced to self and the evidence of identification of it constants are destroyed in the
presence of the identifying, at your request, if the suspicion is not confirmed.
8-Criminal police bodies can ask the suspect, as well as any
persons likely to provide useful information, and of them to receive, without prejudice,
as to the suspect, from the provisions of Article 59, information relating to a crime and,
notably, to the discovery and conservation of means of evidence that could
lose yourself before the intervention of the judicial authority.
9-Will always be provided by identifying the possibility of contacting with person from the
your trust.
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Article 251.
Magazines and searches
1-In addition to the cases provided for in Article 174 (5), the organs of criminal police
may proceed, without prior permission from the judicial authority:
a) To the magazine of suspects in the event of imminent escape or detention and the search in the
place in which they find themselves, save by treating themselves from home search, always
that have founded reason to believe that in them if they conceal objects
related to the crime, likely to serve the proof and that of another
shape could lose-se;
b) To the magazine of people who have to attend or wish to attend any
procedural act or that, in the quality of suspects, should be conducted to
police post, whenever there are reasons to believe that they conceal weapons or
other objects with which they may practise acts of violence.
2-It is correspondingly applicable to the provisions of Article 174 (6)
Article 252.
Seizure of correspondence
1-In cases where it should proceed to the seizure of correspondence, the organs of
criminal police transmit it intact to the judge who has authorized or ordered the
diligence.
2-Addressing orders or closed values likely to be seized,
whenever they have founded reasons to believe that they may contain information
useful to the investigation of a crime or lead to their discovery, and which may lose-
if in the event of delay, the criminal police bodies inform the fact, by the medium
faster, the judge, which can authorize its immediate opening.
3-Verified the reasons referred to in the preceding paragraph, the criminal police bodies
may order the suspension of the shipment of any correspondence at the stations of
post office and telecommunications. If, within forty-eight hours, the order does not
is convalidated by reasoned order of the judge, the correspondence is remitted
to the recipient.
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Article 252-The
Cellular location
1-The judicial authorities and the criminal police authorities can obtain data
on cellular location when they are required to ward off danger to the
life or from offense to serious physical integrity.
2-If the data on the cellular localization provided for in the preceding paragraph is referred to
an ongoing process, your obtaining must be communicated to the judge on time
maximum of 48 hours.
3-If the data on the cellular location provided for in paragraph 1 does not refer to any
process in progress, the communication shall be addressed to the judge of the seat of the entity
competent for the criminal investigation.
4-It is void to obtain data on cellular localization with violation of the provisions of the
previous numbers.
Article 253.
Report
1-The criminal police bodies that carry out the representations referred to in the articles
previous ones draw up a report where they mention, in a summed up way, the
investigations carried out, the results of the same, the description of the facts
ascertained and the evidence collected.
2-The report is referred to the Public Prosecutor's Office or to the investigating judge, as per the
cases.
CHAPTER III
From detention
Article 254.
Purposes
1-A The arrest to which the following articles are referred is carried out:
a) For, within the maximum period of forty eight hours, the detainee is presented to
trial in summary form or be present to the competent judge for
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first judicial interrogation or for application or execution of a measure
of coaction; or
b) To ensure immediate presence or, not being possible, in the shortest
term, but without ever exceeding 24 hours, of the detainee before the authority
judicial or criminal police in procedural act.
2-The accused held out of flagrante delicto for application or execution of the measure of
preventive detention is always presented to the judge, being correspondingly
applicable the provisions of Article 141 para.
Article 255.
Detention in flagrante delicto
1-In case of flagrant offence, for a crime punishable by imprisonment:
a) Any judicial authority or police entity proceeds to detention;
b) Any person may proceed to detention, if one of the entities referred to in the
previous point is not present nor can it be called in good time.
2-In the case provided for in paragraph b) of the preceding paragraph, the person who has proceeded to
detention immediately delivers the detainee to one of the entities referred to in point (s) a ),
to which to redeem auto summary of the delivery and proceeds according to the established in the
article 259 para.
3-Dealing with a crime whose procedure depends on complaint, the detention only if
maintains when, in an act to it followed, the holder of the respective right to exercise it.
In this case, the judicial authority or the police entity will raise or send
raise auto in which the complaint is registered.
4-Dealing with crime whose procedure depends on particular charge, there is no
place the detention in flagrante delicto, but only to the identification of the offender.
Article 256.
Flagrante delicto
1-It is blatant to delight all the crime you are committing or if you have just committed.
2-Repeated also flagrant offence the case in which the agent is, soon after the crime,
persecuted by any person or found with objects or signs that show
clearly that it's just committed him or him to participate.
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3-In the event of a permanent crime, the state of flagrant offense only persists while if
hold signs that show clearly that crime is being committed and the
agent is in it to participate.
Article 257.
Detention out of flagrante delicto
1-Out of flagrant offence, detention may only be carried out, by the warrant of the judge or,
in cases where it is admissible preventive arrest, of the Public Prosecutor's Office, when
there are founded reasons to consider that the targeted one would not present
spontaneously before judicial authority within the time limit set.
2-Criminal police authorities may also order the detention outside of
blatant offence, on its own initiative, when:
a) If it is a case in which preventive imprisonment is admissible;
b) There are elements that make it founded the fear of escape; and
c) It is not possible, given the situation of urgency and danger in the delay, wait
by the intervention of the judicial authority.
Article 258.
Arrest warrants
1-The detention warrants are passed in triplicate and contain, under penalty of
nullity:
a) The signature of the competent judicial or criminal police authority;
b) The identification of the person to be detaining; and
c) The indication of the fact that motivated the arrest and the circumstances that
legally substantiate it.
2-In case of urgency and danger in the delay the requisition of detention is admissible
by any means of telecommunication, following you immediately confirmation
per warrant, pursuant to the preceding paragraph.
3-The detainee is displayed the arrest warrant and delivered one of the copies. In the case of the
previous number, is-displayed to you the detention order donde consents the requisition, the
indication of the judicial or criminal police authority that made it and the rest
requirements referred to in paragraph 1 and delivered the respective copy.
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Article 259.
Duty of communication
Whenever any police entity shall conduct a detention, it communicates it from
immediate:
a) To the judge on which to dive the arrest warrant, if the latter has the purpose
referred to in paragraph b) of Article 254;
b) To the Public Prosecutor's Office in the remaining cases.
Article 260.
General conditions of actuation
It is correspondingly applicable to the detention the provisions of Article 192 (2) and the n.
8 of Article 194 para.
Article 261.
Immediate release of the detainee
1-Any entity that has ordered the detention or to whom the detainee is present,
in the terms of this chapter, proceeds to its immediate release as soon as it becomes
manifest that the detention was carried out by error on the person or outside the cases in
that it was legally permissible or that the measure became unnecessary.
2-Treating entity that is not judicial authority, makes summary report of the
occurrence and transmits it right away to the Public Prosecutor's Office; if it is authority
judicial, the release is preceded by dispatch.
Title II
Of the survey
CHAPTER I
General provisions
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Article 262.
Purpose and scope of the survey
1-The survey comprises the set of representations that aim to investigate the existence
of a crime, determine their agents and the responsibility of them and find out and
collect the evidence, in order to the decision on the prosecution.
2-Ressalvadas the exceptions provided for in this Code, the news of a crime gives always
place at the opening of inquiry.
Article 263.
Direction of the survey
1-A The direction of the survey is up to the Public Prosecutor's Office, assisted by the police bodies
criminal.
2-For the purpose of the provisions of the preceding paragraph, the criminal police bodies act under
the direct direction of the Public Prosecutor's Office and its functional dependence.
Article 264.
Competence
1-It is competent for the conduct of the inquiry the Public Prosecutor's Office to perform
functions at the place in which the crime has been committed.
2-As long as the place in which the crime was committed, the competence is not known
belongs to the Public Prosecutor's Office who perform duties in the place where it first has
there was news of the crime.
3-If the crime is committed abroad, it is competent for the Public Prosecutor's Office to
exercise duties with the competent court for the trial.
4-Irrespective of the provisions of the preceding paragraphs, any magistrate or
agent of the Public Prosecutor's Office proceeds, in case of urgency or danger in the delay,
to acts of inquiry, in particular of detention, of interrogation and, in general, of
acquisition and conservation of means of proof.
5-It is correspondingly applicable to the provisions of Articles 24 to 30.
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Article 265.
Survey against magistrates
1-If it is the subject of the news of the judicial magistrate's crime or the Public Prosecutor's Office, it is
designated for the realization of the magistrate survey of category equal or higher than the
of the target.
2-If it is the subject of the news of the crime the Attorney General of the Republic, the competence
for the inquiry belongs to a judge of the Supreme Court of Justice, designated by
draw, which is barred from intervening in the subsequent acts of the proceedings.
Article 266.
Transmission of autos
1-If, in the course of the investigation, it is established that the competence belongs to the different
magistrate or agent of the Public Prosecutor's Office, the autos are passed on to the magistrate
or agent of the competent prosecutor's office.
2-The acts of inquiry carried out prior to transmission are only repeated if not
can be harnished.
3-In the event of a conflict over competence, it decides the hierarchical superior who
immediately superintende in the magistrates or agents in conflict.
CHAPTER II
Of the acts of inquiry
Article 267.
Acts of the Public Ministry
The Public Prosecutor's Office practices the acts and ensures the means of evidence necessary to the
realization of the purposes referred to in Article 262 (1), in the terms and with the restrictions
constants of the following articles.
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Article 268.
Acts to be practising by the judge of instruction
1-During the investigation competes exclusively with the judge of instruction:
a) Proceed to the first judicial interrogation of defendants arrested;
b) Proceeding to the application of a coaction or guarantee measure, to the
exception to that provided for in Article 196, which may be applied by the Ministry
Public;
c) Proceed to searches and seizures in office of lawyer, doctor's office
or bank establishment, pursuant to Articles 177 (3), 180 (1), and
181.
d) Take notice, first of all, of the content of the correspondence
seized, pursuant to Art. 179 (3);
e) Declare the loss, in favour of the State, of seized goods, when the Ministry
Public proceeding to the filing of the inquiry pursuant to Articles 277,
280. and 282.
f) Practise any other acts that the law expressly set aside for the judge of
instruction.
2-The judge practises the acts referred to in the preceding paragraph at the request of the Ministry
Public, from the criminal police authority in the event of urgency or danger in the
delay, from the defendants or the assistant.
3-The application, when coming from the Public Prosecutor's Office or the authority of
criminal police, is not subject to any formalities.
4-In the cases referred to in the preceding paragraphs, the judge shall decide, within the maximum of twenty
and four hours, on the basis of the information that, jointly with the application,
is provided, dismisses the presentation of the autos whenever it does not consider
indispensable.
Article 269.
Acts to be ordered or authored by the judge of instruction
1-During the investigation competes exclusively with the judge of instruction ordering or
authorize:
a) The efectivation of expertise, in accordance with Article 154 (2);
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b) The effectivation of examinations, in accordance with Article 172 (2);
c) Home searches, in the terms and with the limits of Article 177;
d) Seizures of correspondence, pursuant to Art. 179 (1);
e) Interception, recording or registration of talks or communications, nos
terms of Articles 187 and 190;
f) The practice of any other acts that the law expressly makes depend on
order or authorization of the judge of instruction.
2-It is correspondingly applicable to the provisions of paragraphs 2, 3 and 4 of the preceding Article.
Article 270.
Acts that may be delegated by the Public Prosecutor's Office in the criminal police bodies
1-The Public Prosecutor's Office may confer on the criminal police organs the charge of
proceed with any representations and investigations regarding the investigation.
2-Except for the provisions of the preceding paragraph, in addition to the acts that are of the
exclusive jurisdiction of the judge of instruction, pursuant to Articles 268 and 269, the
following acts:
a) Receive sworn affidavits, pursuant to Art. 138 (3),
second part;
b) Order the efectiveness of expertise, in accordance with Article 154;
c) Watch the examination likely to offend the person's pudor, in the terms of the
second part of Article 172 (3);
d) Order or authorize magazines and searches, in the terms and limits of paragraphs 3 and 5 of the
article 174;
e) Any other acts that the law expressly determines that they are
presided over or practiced by the prosecutor's office.
3-The Public Prosecutor's Office may, however, delegate to criminal police officials to
faculty of ordering the efectiveness of the expertise in respect of certain types of
crime, in the event of urgency or danger in the delay, particularly when the expertise
should be carried out jointly with the vestige examination. Excepted for expertise
that involves conducting medical-legal autopsy as well as the provision of
further clarifications and the realisation of new expertise in the terms of the article
158.
4-Without prejudice to the provisions of paragraph 2, paragraph 3 (3) of Article 243 (3) and
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in Article 248 (1), the delegation referred to in paragraph 1 may be carried out by
dispatch of a generic nature that indicates the types of crime or the limits of penalties
applicable to crimes in research.
Article 271.
Declarations for future memory
1-In the event of serious illness or displacement to the foreigner of a witness,
that predictably prevents it from being heard at trial, as well as in the cases of
victim of crime of human trafficking or against freedom and self-determination
sexual, the investigating judge, the application of the Public Prosecutor's Office, of the accused, of the
assistant or civil parties, may proceed to their respondent in the course of the
enquiry, in order that the testimony may, if necessary, be taken into account in the
trial.
2-In the case of prosecution for crime against freedom and sexual self-determination of
minor, always proceeds to the respondent of the offence in the course of the investigation, since
that the victim is not even greater.
3-To the Public Prosecutor's Office, the accused, the defender and the lawyers of the assistant and the
civil parties are communicated the day, the time and place of the provision of the testimony for
that may be present, and the Public Ministry's comparency is mandatory and
of the defender.
4-In cases provided for in paragraph 2, the making of statements is carried out in environment
informal and reserved, with a view to ensuring, inter alia, spontaneity and
sincerity of the answers, and the minor shall be assisted in the course of the act
procedural by a specially crafted technician for his follow-up,
previously assigned to the effect.
5-A respondents are made by the judge, and may then the Public Prosecutor's Office, the
lawyers for the assistant and the civil parties and the defender, by this order, formulate
additional questions.
6-It is correspondingly applicable to the provisions of articles 352, 356, 363 and 364.
7-The provisions of the preceding paragraphs are correspondingly applicable to statements
of the assistant and the civil parties, experts and technical consultants and acareations.
8-A outlet of statements in the terms of the preceding paragraphs shall be without prejudice to
provision of testimony at a trial hearing, whenever it is possible and
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does not puser into question the physical or psychic health of the person who should provide it.
Article 272.
First interrogation and communications to the accused
1-Running inquiry against determined person in relation to which there is suspicion
founded from the practice of crime it is mandatory to interrogate it as defendants, unless it is not
possible to notify it.
2-The Public Prosecutor's Office, when the interrogation of an accused or the
acareation or recognition in which the one should participate, communicates it, by the
less with twenty four hours in advance, the day, the time and the place of the
diligence.
3-The period of advance referred to in the preceding paragraph:
a) It is optional whenever the accused is found to be imprisoned;
b) It has no place in respect of the questioning provided for in Article 143, or, in the
cases of extreme urgency, whenever there is founded reason to fear that the
delay can damage the securing of means of proof, or even when
the accused of him prescinding.
4-When there is defender, this is notified for the due diligence with at least twenty and
four hours in advance, save in the cases provided for in the paragraph b ) of the number
previous.
Article 273.
Warrant for comparency, notification and detention
1-Where it is necessary to ensure the presence of any person in an act of
inquiry, the Public Prosecutor's Office or the criminal police authority in which it was
delegated the due diligence emitting comparency, from which it consents to
identification of the person, the indication of the day, of the place and the time to which it is to present-
whether and the mention of the sanctions in which it incurs in the case of unwarranted failure.
2-The Comparency Warrant is notified to the person concerned with at least three days of
advance, save in the event of a duly reasoned urgency, where it may
be left by notifying only the time required for comparency.
3-If the warrant refers to the assistant or whistleblower with the faculty of se
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constitute an assistant represented by counsel, this is informed of the achievement of the
diligence for, wanting, to be present.
4-It is correspondingly applicable to the provisions of Article 116 (2).
Article 274.
Certificates and certificates of registration
They are together in the autos the certificates and certificates of registration, namely the certificate
of the criminal record of the accused, who claim to be predictably necessary to the
enquiry or the instruction or the judgment that come to take place and the determination of the
competence of the court.
Article 275.
Autos of inquiry
1-Proofs of evidence carried out in the course of the investigation are reduced to self, which
can be worded by supmulant, save those whose documentation the Public Prosecutor's Office
understand unnecessary.
2-It is compulsorily reduced to self-denunciation, when done orally, as well as
the acts referred to in Articles 268, 269 and 271.
3-Completed the survey, the self stands at the guard of the Public Prosecutor's Office or is remitted to the
competent court for the instruction or for the trial.
CHAPTER III
From the closure of the survey
Article 276.
Deadlines for maximum duration of the survey
1-The prosecutor's office terminates the inquiry, filing it or deducting prosecution, in the
maximum time limits of 6 months, if there are defendants arrested or under obligation to
stay in the dwelling, or 8 months, if the are not.
2-The 6-month period referred to in the preceding paragraph is high:
a) For 8 months, when the investigation has for object one of the crimes referred to in the
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article 215, paragraph 2;
b) For 10 months, when, regardless of the type of crime, the procedure
prove to be of exceptional complexity, pursuant to Art. 215 (3),
final part;
c) For 12 months, in the cases referred to in Article 215, paragraph 3.
3-For the purpose of the provisions of the preceding paragraphs, the time limit is due to
moment when the inquest has passed the race against determined person or in
that if it has verified the constitution of defendants.
4-The titular magistrate of the proceedings communicates to the immediate superior a
violation of any period provided for in the n. the
1 and 2 or in Article 89 (6) thereof,
indicating the reasons that explain the delay and the period required to complete the
survey.
5-In the cases referred to in the preceding paragraph, the hierarchical superior may avocate the
process and it gives always knowledge to the Attorney General of the Republic, to the accused and
to the assistant of the breach of the time limit and of the period necessary to complete the investigation.
6-Received the communication provided for in the preceding paragraph, the Attorney General of the
Republic may determine, officiously or at the request of the accused or the
assistant, the procedural acceleration under Rule 109.
Article 277.
Archiving of the survey
1-The Public Prosecutor's Office proceeds, by dispatch, to the filing of the inquiry, as soon as
has collected proof enough of if it has not verified crime, of the accused not having it
practiced to any title or to be legally inadmissible the procedure.
2-The inquiry is also filed if it has not been possible to the Public Prosecutor's Office
get enough evidence of the crime check or who the agents were.
3-The archiving dispatch is communicated to the accused, to the assistant, to the whistleblower
with faculty to constitute an assistant and to whom it has manifested the purpose of
deduct application for civil damages pursuant to Rule 75, as well as to the
respective defender or lawyer.
4-The communications referred to in the preceding paragraph shall be carried out:
a) By notification upon personal contact or by post registered to the assistant
and to the defendants, except if these have indicated a place determined for
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notification effects by plain post, pursuant to Articles 145, n. para.
5 and 6, and 196, n. paragraphs 2 and 3, para. c), and have not in the meantime indicated one other,
through application delivered or remitted by registered post to the
would secrete where the autos find themselves running at that time;
b) By editais, if the accused has no defender appointed or lawyer constituted
and it is not possible for you to notify you upon personal contact, via post
registered or simple, in the terms set out in the preceding paragraph;
c) By notification by means of simple postal to whistleblower with the faculty of
if you constitute an assistant and to whom you have manifested the purpose of deducting
request for civil damages;
d) By notification by simple postal route whenever the inquest does not run
against determined person.
Article 278.
Hierarchical intervention
1-Within 20 days of the date on which the opening of instruction is already unable to be
required, the immediate superior hierarchical of the magistrate of the Public Prosecutor's Office
may, by your initiative or the application of the assistant or whistleblower with the
faculty of whether to constitute an assistant, determine that it is formulated charge or that
the investigations proceed, indicating, in this case, the representations to be made and the time limit
for your fulfillment.
2-The assistant and whistleblower with the faculty of constituting assistant may
raise hierarchical intervention, under the previous number, at the expected time
to require the opening of instruction.
Article 279.
Reopening of the survey
1-Seated the deadline referred to in the previous article, the survey can only be reopened if
new evidence emerges that invalidates the grounds relied on by the
Prosecutor's Office in the archiving dispatch.
2-From the dispatch of the Public Prosecutor's Office that to defer or refuse the reopening of the inquiry
there is complaint to the immediate hierarchical superior.
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Article 280.
Archiving in case of dispensation of the penalty
1-If the process is for a crime in respect of which it is expressly found
provided for in the criminal law the possibility of dispensation of the penalty, the Public Prosecutor's Office, with
the concordance of the investigating judge, may be decided by the filing of the proceedings,
if the assumptions of that dispensation are found.
2-If the charge has been already deducted, can the investigating judge, while this
elapse, archive the process with the concordance of the Public Prosecutor's Office and the
argued, if the assumptions of the penalty dispensation are to be found.
3-A decision to file, in accordance with the provisions of the figures
previous, is not susceptible to impugation.
Article 281.
Provisional suspension of the process
1-If the crime is punishable by imprisonment of not more than five years or with sanction
different from the prison, the Public Prosecutor's Office, officiously or the application of the
argued or the assistant, determines, with the concordance of the judge of instruction, the
suspension of the proceedings, upon imposition to the accused of injunctions and rules of
conduct, where the following assumptions are found:
a) Concordance of the accused and the assistant;
b) Absence of previous conviction for a crime of the same nature;
c) Absence of previous application of provisional suspension of process for crime
of the same nature;
d) There is no place the security measure of internment;
e) Absence of a high degree of guilt; and
f) Be of predicting that compliance with injunctions and rules of conduct responds
sufficiently to the requirements for prevention that in the case they make themselves felt.
2-Are objectionable to the accused, cumulative or separately, the following injunctions and
rules of conduct:
a) Indemnify the aggrieved;
b) Give the aggrieved proper moral satisfaction;
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c) Handing over to the state or private institutions of social solidarity right
amount or carry out service provision of public interest;
d) Reside in a given place;
e) Attend certain programmes or activities;
f) Not to exercise certain professions;
g) Do not attend certain means or places;
h) Do not reside in certain places or regions;
i) Do not accompany, lodge or receive certain persons;
j) Do not attend certain associations or participate in certain meetings;
l) Not having in your power certain objects capable of facilitating the practice of
another crime;
m) Any other behavior especially required by the case.
3-They are not opponents injunctions and rules of conduct that may offend the dignity of the
argued.
4-For support and surveillance of compliance with injunctions and rules of conduct may the
judge of instruction and the Public Prosecutor's Office, depending on the cases, to resort to the services of
social reinsertion, the criminal police organs and administrative authorities.
5-A The suspension decision, in accordance with paragraph 1, is not likely to
impugation.
6-In proceedings for the crime of domestic violence not aggravated by the result, the
Prosecutor's Office, upon free and enlightened application of the victim, determines the
provisional suspension of the proceedings, with the concordance of the judge of instruction and the
argued, provided that the assumptions of the subparagraphs are checked. b) and c) of paragraph 1.
7-In proceedings for crime against freedom and sexual self-determination of a minor no
aggravated by the result, the Public Prosecutor's Office, taking into account the interest of the victim,
determines the provisional suspension of the proceedings, with the agreement of the judge of
instruction and the defendants, provided that the assumptions of the points are checked b) and c)
of paragraph 1.
Article 282.
Duration and effects of suspension
1-A The suspension of the procedure may go up to two years, with the exception of the provisions of paragraph 5.
2-A The prescription does not run in the course of the period of suspension of the procedure.
255
3-If the accused complies with the injunctions and rules of conduct, the Public Prosecutor's Office
the process, it cannot be reopened.
4-The process proceeds and the benefits made shall not be repeated:
a) If the accused does not comply with the injunctions and rules of conduct; or
b) If, during the period of suspension of the proceedings, the accused would commit crime of the
same nature for which it comes to be condemned.
5-In cases provided for in paragraphs 6 and 7 of the preceding Article, the duration of the suspension may go
up to 5 years.
Article 283.
Prosecution by the Public Prosecutor
1-If during the survey sufficient evidence has been collected of having
verified crime and of whom it was its agent, the prosecutor's office, within 10
days, deduct charges against that one.
2-If sufficient evidence is considered when they result in a possibility
reasonable of the accused to come to apply, by virtue of them, on trial, a penalty
or a security measure.
3-A The charge contains, under penalty of nullity:
a) The indications for the identification of the accused;
b) The narration, albeit synthetic, of the facts that substantiate the application to the
argued for a penalty or a safety measure, including, if possible, the
place, the time and the motivation of your practice, the degree of participation that the
agent in them had and any circumstances relevant to the determination of the
sanction that must be applied to it;
c) The indication of the applicable legal provisions;
d) The rol with the maximum of 20 witnesses, with the respective identification,
by discriminating against those that should only testify about the aspects referred to in the article
128, paragraph 2, which shall not exceed the number of five;
e) The indication of the experts and technical consultants to be heard on trial,
with the respective identification;
f) The indication of other evidence to be produced or to be applied for;
g) The date and signature.
4-In case of connection of proceedings, one charge is deduced.
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5-It is correspondingly applicable to the provisions of Article 277 (3) by continuing the
process when the notification procedures have proven ineffective.
6-The communications referred to in the preceding paragraph shall be made by contact
personnel or by registered post, except if the accused and the assistant have
indicated to your residence or professional domicile to the police or judicial authority
to draw up the news self or to hear them in the inquiry or in the instruction, case in
that are notified by means of simple postal, pursuant to Art. 113 (1),
point ( c ).
7-The limit of the number of witnesses provided for in paragraph d) of paragraph 3 may be
outdated as long as this appears necessary for the discovery of the truth
material, specifically when any of the crimes referred to in the
n Article 215 (2) or if the process proves to be of exceptional complexity,
due to the number of defendants or offendides or the highly organized character of the
crime.
Article 284.
Prosecution by the assistant
1-Up to 10 days after the notification of prosecution of the Public Prosecutor's Office, the Assistant may
also deduct prosecution for the facts accused by the Public Prosecutor's Office, by
of them or by others who do not import any substantial change from those.
2-It is correspondingly applicable to the provisions of paragraphs 3 and 7 of the previous article, with the
following modifications:
a) The prosecution of the assistant may limit itself to mere adherence to the prosecution of the
Prosecutor's Office;
b) Only evidence is shown to be produced or to require that they do not build on the charge
of the Public Ministry.
Article 285.
Particular charge
1-Fishing the inquiry, when the procedure depends on particular charge, the
Prosecutor's Office notifies the assistant to have this deduct in 10 days, wanting,
particular charge.
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2-The Public Prosecutor's Office indicates, in the notification provided for in the preceding paragraph, whether they were
collected sufficient evidence of the verification of the crime and who were it
agents.
3-It is correspondingly applicable to the particular charge the provisions of Article 283,
n. os
3 and 7.
4-The Public Prosecutor's Office may, in the five days after the submission of the charge sheet
particular, to charge for the same facts, on the part of them or by others who do not
they import a substantial change from those.
5-The Public Prosecutor's Office decides itself for the filing of the survey whenever,
upon reasoned dispatch, not follow up with the particular charge, in the
terms of the previous number.
Title III
From the statement
CHAPTER I
General provisions
Article 286.
Purpose and scope of instruction
1-A instruction aims at judicial attestation of the decision to deduct prosecution or from
archive the enquiry in order to submit or not the cause to trial.
2-A The instruction has facultative character.
3-There is no place for instruction in the special process forms.
Article 287.
Application for opening of the instruction
1-A The opening of the instruction may be required, within 20 days of the
notification of the prosecution or the filing:
a) By the accused, concerning facts by which the Public Prosecutor's Office or the
assistant, in case of a particular charge-dependent procedure,
have deducted charge; or
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b) By the assistant, if the procedure does not depend on particular charge,
relatively to facts by which the Public Prosecutor's Office has not deducted
prosecution.
c) By the assistant, regarding facts for which there is deduced prosecution
particular, when the Public Prosecutor's Office has determined the filing of the
enquiry, pursuant to Article 285 (5).
2-The application is not subject to special formalities, but must contain, in
sudden, the factual and right reasons for dissent concerning the charge or
no charge, as well as, where appropriate, the indication of the acts of
instruction that the applicant intends for the judge to carry out, from the means of evidence that
have not been considered in the survey and the facts that, through a few and
others, are expected to prove, by being still applicable to the application of the assistant the
provisions of Article 283 (3) 3 b) and c ). No more than 20 can be indicated
witnesses.
3-In the case provided for in paragraph c) of paragraph 1, the assistant may be limited, in the application,
referring back to the particular charge it deduced.
4-The application can only be rejected for extemporaneous, by incompetence of the judge
or by legal inadmissibility of the instruction.
5-In the opening order of instruction the judge appoints defender to the defendants who do not
has lawyer constituted nor defender appointed.
6-The opening order of instruction is notified to the Public Prosecutor's Office, to the
assistant, to the accused and to his defender.
7-The provisions of Article 113 (12) shall apply.
Article 288.
Direction and nature of instruction
1-A The direction of the instruction shall compete with a judge of instruction, assisted by the organs of
criminal police.
2-The rules of jurisdiction relating to the court are correspondingly applicable
to the judge of instruction.
3-When the competence for instruction belongs to the Supreme Court of Justice
or to the relationship, the instructor is assigned, by lottery, from among the judges of the section and stands
prevented from intervening in the subsequent acts of the proceedings.
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4-The judge autonomously investigates the case submitted to the instruction, taking into account the
indication, constant of the application for the opening of instruction, referred to in paragraph 2
of the previous article.
Article 289.
Contents of the statement
1-A The instruction is formed by the set of the acts of instruction that the judge understands duty
carry out and, obligatorily, for an instructive, oral and adversarial debate, in the
which may participate in the Public Prosecutor's Office, the accused, the defender, the assistant and the
your lawyer, but not the civil parties.
2-The Public Prosecutor's Office, the accused, the defender, the assistant and his / her lawyer can
attend the acts of instruction by any of them required and raise requests for
clarification or require that questions be formulated that they understand
relevant to the discovery of the truth.
CHAPTER II
Of the acts of instruction
Article 290.
Acts of the judge of instruction and delegated acts
1-The judge practises all the necessary acts to the realization of the purposes referred to in the
article 286, paragraph 1.
2-The judge may, however, confer on the criminal police organs the charge of proceeding
to any representations and investigations relating to the instruction, save by treating the
interrogation of the accused, of the respondent of witnesses, of acts that by law are
committed in exclusive to the jurisdiction of the judge and, in particular, those referred to in the
Article 268 (1) and in Article 270 (2).
Article 291.
Order of acts and repetition
1-Acts of instruction carry out the order that the judge reputes most convenient
260
for the clearance of the truth. Judge indefere the required acts that understand no
interested in the instruction or serving only to stall the progress of the process
and practise or officiously order those who consider useful.
2-From the order provided in the preceding paragraph is up to only complaint, being irrecurrable
the dispatch that decides it.
3-3-The acts and representations of evidence practiced in the survey are only repeated in the case
not to have been observed the legal formalities or when the repetition if
reveal indispensable to the realization of the purposes of the instruction.
4-4-No witness respondents who should testify about the aspects referred to in the
article 128, paragraph 2.
Article 292.
Admissible evidence
1-They are admissible in the instruction all evidence that is not prohibited by law.
2-The investigating judge interrogates the accused when judging it necessary and whenever this
the request.
Article 293.
Warrant for comparency and notification
1-Where it is necessary to ensure the presence of any person in an act of
statement, the judge issues warrant for comparency of which they construct the identification of the
person, the indication of the day, of the place and the time to which it is to present itself and the mention
of the sanctions in which it incurs in the case of unwarranted failure.
2-The Comparency Warrant is notified to the person concerned with at least three days of
advance, save in case of duly substantiated urgency, in which the judge
may leave by notifying only the time required for comparency.
Article 294.
Declarations for future memory
Officiously or by the application, the judge may proceed, during the instruction, to the respondent
of witnesses, to the making of statements by the assistant, the civil parties, experts and the
261
technical advisors and acarees, on the terms and with the purposes referred to in the article
271.
Article 295.
Certificates and certificates of registration
They are jointed to the autos the certificates and certificates of registration, namely the certificate
of the criminal record of the accused, who still do not constarred from the autos and appear
predictably necessary for the instruction or the trial that comes to take place and to the
determination of the jurisdiction of the court.
Article 296.
Auto of instruction
The proofs of evidence carried out in an act of instruction are documented, upon
recording or reduction to auto, being joined to the process the required applications
by the prosecution and the defence at this stage, as well as any relevant documents for
appreciation of the cause.
CHAPTER III
From the instructory debate
Article 297.
Designation of the date for the debate
1-When considering that there is no place for the practice of acts of instruction, inter alia
in cases where these have not been required, or in five days from the
practice of the last act, the judge designates day, time and place for the instructory debate. This
is set to the earliest possible date, so that the maximum term of
duration of instruction can in any case be respected.
2-It is correspondingly applicable to the provisions of Article 312 (3).
3-A The date designation for the instructor-led debate is notified to the Public Prosecutor's Office, to the
defendants and the assistant at least five days before that one took place. In case of
connection of proceedings pursuant to Art. 24 (1) (1) c ), d) and e) , the
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designation of the date for the instructory debate is notified to defendants who do not
have required the instruction.
4-A The date designation for the debate is also notified, at least three days
before that one took place, to any witnesses, experts and technical consultants
whose presence in the debate the judge considers indispensable.
5-It is correspondingly applicable to the provisions of Articles 116, n. 1 and 2, 254 and
293.
Article 298.
Purpose of the debate
The instructor-led debate aims to allow a discussion before the judge, in oral form and
contradicting, as to whether, from the course of the investigation and the instruction, they result in evidence of
fact and sufficient elements of law to justify the submission of the accused to
trial.
Article 299.
Super-convenient acts
1-A The designation of date for the debate is without prejudice to the duty of the judge to carry out,
prior to the debate or during it, the acts of instruction whose interest for discovery
of the truth if it has meanwhile revealed.
2-A achievement of the acts referred to in the preceding paragraph shall be carried out with observance
of the formalities set out in the previous chapter.
Article 300.
Postponement of the debate
1-The debate can only be adjourned by absolute impossibility of taking place,
particularly by serious and legitimate impediment of the accused being present.
2-In the event of a postponement, the judge immediately assigns new date, which he cannot
exceed in 10 days the previously fixed. The new date is communicated to those present,
sending the judge to make notification of the absentees whose presence is necessary.
3-If the accused waive the right to be present, the debate is not deferred with
263
foundation in his absence, being he represented by the defender constituted or
named.
4-The debate can only be deferred once. If the accused is missing on the second scheduled date, it is
represented by the defender constituted or appointed.
Article 301.
Discipline, direction and organisation of the debate
1-A The discipline of the debate, its direction and organisation compete for the judge, detaining this,
on the necessary, powers corresponding to those conferred by this Code to the
president, at the hearing.
2-The debate runs without subjection to special formalities. The judge assures, however, the
contradictory in the production of the evidence and the possibility of the accused or his
defender to speak out about her in last place.
3-The judge refuses any application or diligence of proof that exceeds the
unindicted nature for that required at this stage.
Article 302.
Course of the debate
1-The judge opens the debate with a summary exposition on the acts of instruction to which
has proceeded and on the relevant evidence issues for the instructional decision and
that, in his opinion, present controversial character.
2-Then grants the word to the Public Prosecutor's Office, the lawyer of the assistant and the
advocate for these, wanting, to require the production of indicted evidence
supplementary bidders to present, during the debate, on issues
controversial concrete.
3-The following is the production of the evidence under the direct guidance of the judge, which decides, without
formalities, any questions that by the way if they are raised. The judge can drive-
if directly to those present, formulating them the questions you understand
necessary to the realization of the purposes of the debate.
4-Before closing the debate, the judge grants again the floor to the Public Prosecutor's Office,
to the lawyer of the assistant and to the defender so that these, wanting, formulate in
summary its findings on sufficiency or insufficiency of the evidence
264
collected and on questions of law that it depends on the meaning of the decision
instructional.
5-It is admissible to replica succinct, to exercise at one time, however, however, always the
defender, if you ask for the word, the last one to speak.
Article 303.
Alteration of the facts described in the prosecution or the application for the opening of the
instruction
1-Whether of the acts of instruction or the instructional debate result in non-substantial change
of the facts described in the prosecution of the prosecutor's office or the assistant, or in the
application for the opening of the instruction, the judge, officiously or the application,
communicates the amendment to the defender, interrogates the accused about it whenever possible
and grants you, the application, a time frame for preparation of the defence not exceeding 8
days, with the consequent postponement of the debate, if necessary.
2-Do not have application the provisions of the preceding paragraph if the change verified
determine the incompetence of the investigating judge.
3-A substantial change in the facts described in the prosecution or the application for
opening of the instruction may not be taken into account by the court for the purpose of
pronunciation in the ongoing process, nor does it imply the extinction of the instance.
4-A communication of the substantial change in facts to the Public Prosecutor's Office is worth as
denunciation so that it will proceed by the new facts, if these are autonomizable in
relation to the object of the procedure.
5-The provisions of paragraph 1 shall be correspondingly applicable when the judge changes the
legal qualification of the facts described in the prosecution or in the application for the
opening of the instruction.
Article 304.
Continuity of debate
1-In the instructory debate it is correspondingly applicable to the provisions of Article 328,
n. ºs 1 and 2.
2-The judge interrupts the debate whenever, in the course of it, realizes that it is
indispensable the practice of new acts of instruction that cannot be taken to
265
cable in the debate itself.
Article 305.
Minutes
1-Of the instructory debate is lavrada minutes, which, without prejudice to the provisions of Article 99,
n. 3, is drawn up by supmulant in everything that relates to oral statements, in the terms
of Article 100 (2).
2-A The minutes are signed by the judge and the bailable officer who will wash it.
CHAPTER IV
From the closure of the statement
Article 306.
Deadlines for maximum duration of instruction
1-The judge ends the instruction in the two-month maximum time limits, if there are defendants
imprisoned or under obligation to remain in the dwelling, or four months, if the non
there are.
2-The two-month period referred to in the preceding paragraph is high for three months when
the instruction has for the purpose of one of the crimes referred to in Article 215 (2).
3-For the purpose of the provisions of the preceding paragraphs, the deadline is due from the date of
receipt of the application for opening of the statement.
Article 307.
Instructional decision
1-Closed the instructor-led debate, the judge professes dispatch of pronunciation or of no
pronunciation, which is soon dictated to the minutes, considering to be notified to those present,
may substantiate by remission for the factual and right reasons set out
on the charge or the application for the opening of the instruction.
2-It is correspondingly applicable to the provisions of Article 281, obtained concordance
of the Public Ministry.
3-When the complexity of the cause in instruction advises him, the judge, in the act of
266
closure of the instructor-led debate, orders the autos to be made conclusively to
end of proinjation, within a maximum of 10 days, the dispatch of pronunciation or of no
pronunciation. In this case, the judge communicates immediately to those present the date on which the
dispatch will be read, being correspondingly applicable the provisions of the second
part of paragraph 1.
4-A The circumstance of having been required only by one of the defendants is without prejudice to the
the duty of the judge to remove from the instruction the legally imposed consequences on all the
defendants.
5-To the notification of the aggrieved that has manifested the purpose of deducting request from
civil indemnity, when it is not assistant, as well as, in the case provided for in paragraph 4,
to the notification of non-present persons is correspondingly applicable
in Art. 283 (5).
Article 308.
Dispatch of pronunciation or non-pronunciation
1-If, up to the closing of the instruction, sufficient evidence has been collected of
if they have verified the assumptions that it depends on the application to the accused of a
Penalty or a safety measure, the judge, by order, pronounces the accused
by the respective facts; otherwise, I profess dispatch of non-pronunciation.
2-It is correspondingly applicable to the dispatching referred to in the preceding paragraph
provisions of Article 283 (2), 3 and 4, without prejudice to the provisions of the second part of the
n. 1 of the previous article.
3-In the order referred to in paragraph 1 the judge shall begin by deciding the nullities and other
prior or incidental questions that you may know about.
Article 309.
Nullity of the instructional decision
1-A The instructional decision is void in the party in which to pronounce the accused by facts that
constitute substantial change of those described in the prosecution of the prosecutor's office or
of the assistant or on the application for opening of the instruction.
2-A The nullity is argued within eight days of the date of the notification of the
decision.
267
Article 310.
Resources
1-A The instructional decision to pronounce the accused by the facts set out in the indictment
of the Public Prosecutor's Office, formulated in accordance with Article 283 or paragraph 4 of the article
285., is irrecurrable, even in the part where to appreciate nullities and other issues
prior or incidental, and determines the immediate shipment of the autos to the court
competent for the trial.
2-The provisions of the preceding paragraph shall be without prejudice to the jurisdiction of the court of
trial to exclude prohibited evidence.
3-It is recurrable the dispatch that dismiss the argument of the invalidity eaten in the article
previous.
BOOK VII
From the trial
Title I
Of the preliminary acts
Article 311.
Sanitation of the process
1-Received the autos in the court, the President pronounces on the nullities and other
prior or incidental questions that shall preclude the appreciation of the merit of the cause, of which
can since soon know.
2-If the process has been remitted for trial without having there been any instruction, the
president dispatches in the sense:
a) Of rejecting the charge, if it considers it manifestly unfounded;
b) From not accepting the prosecution of the Assistant or the Public Prosecutor's Office on the part at
that it represents a substantial change in the facts, pursuant to paragraph 1 of the
article 284 and Article 285 (4), respectively.
3-For the purposes of the provisions of the preceding paragraph, the prosecution considers itself
manifestly unfounded:
268
a) When it does not contain the identification of the accused;
b) When it does not contain the narration of the facts;
c) If it does not state the applicable legal provisions or the evidence that the
substantiate; or
d) If the facts do not constitute a crime.
Article 312.
Date of hearing
1-Resolved the issues referred to in the previous article, the President dispatches
designating day, time and place for the hearing. This is fixed to the nearest date
possible, so that between it and the day that the autos were received did not
elapsed more than two months.
2-In the order referred to in the preceding paragraph, it shall, as soon as, be also designated
date for the realisation of the hearing in the event of a postponement under Rule 333,
n. 1, or for hearing from the accused the application of your lawyer or defender
appointed under Art. 333 (3).
3-Whenever the accused found himself in pretrial detention or with an obligation to
stay in the dwelling, the date of the hearing is fixed with precedence over
any other trial.
4-The court must mark the date of the hearing so as to avoid overlapping with
other legal acts to which lawyers or advocates have an obligation to
to appear, applying the provisions of Article 155 of the Code of Civil Procedure.
Article 313.
Dispatch that assigns day to the hearing
1-The dispatch that designates day to the hearing contains, under penalty of nullity:
a) An indication of the applicable facts and legal provisions, which can be done by
remission to the prosecution or to the pronunciation, if any;
b) The indication of the place, the day and the time of the comparency;
c) The appointment of defender of the accused, if it is not yet constituted in the
process; and
d) The date and signature of the president.
269
2-The dispatch, accompanied by the copy of the prosecution or the pronunciation, is notified to the
Prosecutor's Office, as well as the accused and its defender, the assistant, the parties
civilians and their representatives at least 30 days prior to the date set for the
hearing.
3-A The notification of the accused and the assistant under the preceding paragraph takes place in the
terms of Article 113 (1) a) and b ), except when those have
indicated to your residence or professional domicile to the police or judicial authority
how to draw up the news self or to hear them in the inquiry or instruction and never
have communicated the amendment of the same through registered letter, in which case the
notification is made by plain post, pursuant to Art. 113 (1),
point ( c ).
4-From the dispatch designating day to the hearing there is no appeal.
Article 314.
Communication to the remaining judges
1-The dispatch that designates day to the hearing is immediately communicated, by
copy, to the judges who are part of the court.
2-Contogether, or as soon as possible, will be referred to them copies of the charge or
archiving, of the prosecution of the assistant, of the instructional decision, of the contestation of the
argued, of the pleadings of the civil parties and of any order concerning measures
of coating or of equity guarantee.
3-Where it is shown to be necessary, particularly in the reason of the special
complexity of the cause or of any prior or incidental matter which in it if
raise, the president may, officiously or the solicitation of any of the remaining
judges, order the process to go with a view of them by no longer than eight days.
In such a case, no shipment of the documents referred to in the preceding paragraph is made.
Article 315.
Contestation and rol of witnesses
1-The accused, in 20 days from the notification of the dispatch designating day to the
hearing, presents, wanting, the contestation, accompanied by the rol of witnesses.
The provisions of Article 113 (12) shall apply.
270
2-A contestation is not subject to special formalities.
3-Together with the rol of witnesses, the accused indicates the experts and consultants
technicians who must be notified to the hearing.
4-In the rol of witnesses the provisions of Article 283 (3) (i) shall apply. d ), and paragraph 7.
Article 316.
Addition or alteration of the rol of witnesses
1-The Public Prosecutor's Office, the assistant, the accused or the civil parties may change the rol of
witnesses, including requiring the respondent in addition to the legal limit, in the
cases provided for in Article 283 (7), provided that the addition or alteration
required may be communicated to the others up to three days before the date set for
the hearing.
2-After presented the rol cannot offer any new witnesses from outside the
comarch, save if whoever offers them to be ready to present them at the hearing.
3-The provisions of the preceding paragraphs are correspondingly applicable to the indication of
experts and technical consultants.
Article 317.
Notification and compensation of witnesses, experts and technical consultants
1-The witnesses, the experts and the technical advisors nominated by whom if they do not
committed to presenting them at the hearing are notified for comparency,
except experts from the establishments, laboratories or official services
appropriate, which are heard by teleconferencing from your place of
work, whenever this is technically possible, being so-only necessary to
notification of the day and the time to which you will be hearing.
2-When the persons referred to in the preceding paragraph have the quality of organ of
criminal or employee of the Public Administration and are summoned in
reason for the exercise of its functions, the judge arbitra, without dependence on
application, an amount corresponding to that of the amounts of the cost aid and
of the travel and marching subsidies that in the case are due, which reverses, as
own revenue, for the service where those provide service.
3-For the purposes of the provisions of the preceding paragraph, the services in question shall refer
271
to the court information required, up to five days after the hearing was held.
4-When there is no place for the application of the provisions of paragraph 2, the judge may, the
application of the summons to present to the hearing, arbitrate them a
amount, calculated in function of tables approved by the Ministry of Justice, the
title of compensation of the expenses incurred.
5-From the decision on the arbitrage of the amounts referred to in the preceding paragraphs and
about your amount there is no recourse.
6-The arbitrated amounts are worth as costs of the process.
7-A The office, officiously or under the direction of the President, proceeds to all the
necessary representations to the location and notification of the persons referred to in paragraph 1,
it may, whenever it is indispensable, request the collaboration of other entities.
Article 318.
Residents outside the comarch
1-Exceptionally, the making of statements to the assistant, to the civil parties, to the
witnesses, experts or technical consultants may, officiously or at
application, not be provided presentially, and may be requested by the
chairman to the judge of another comarch, by means of communication, on the terms
of Article 111, if:
a) Those people reside outside the judicial circle;
b) There is no reason to believe that your presence at the hearing is essential to the
discovery of the truth; and
c) Are foreseeable serious difficulties or inconvenience, functional or
personal, in your dislocation.
2-A The solicitation is immediately communicated to the Public Prosecutor's Office, as well as to the
representatives of the accused, the assistant and the civil parties.
3-Whoever has required the making of statements informs, in the same act, which of the
facts or the circumstances on which those should be versed.
4-A making of statements ensued with observance of the formalities
established for the hearing.
5-A The taking of statements takes place simultaneously with the trial hearing,
with recourse to means of telecommunication in real time.
6-In the case provided for in the preceding paragraph, the provisions applicable to the
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taking of statements at a trial hearing. It competes, however, to the judge of the
comark to whom the diligence was requested to practise the acts referred to in the articles
323., points (b), first part, d) and e) , and 348, n. 3.
7-Out of the cases provided for in paragraph 5, the content of the statements is reduced to self,
being those reproduced in full or by supmule, as per the judge
determine, taking into consideration the available means of registration and transcription, in the
terms of Article 101 para.
Article 319.
Making of statements at home
1-If, by founded reasons, the assistant, a civil party, a witness, an expert or
a technical advisor to find themselves unable to appear at the hearing,
can the president order, officiously or the application, to be taken to them
statements in the place they meet, in the day and time that will communicate to them.
2-It is correspondingly applicable to the provisions of paragraphs 2, 3 and 7 of the preceding Article.
3-A making of statements ensued with observance of the formalities
established for the hearing, save with respect to advertising.
Article 320.
Realization of urgent acts
1-The president, officiously or by the application, proceeds to the realization of the acts
urgent or whose delay may entail danger to the acquisition or the conservation of the
proof, or for the discovery of the truth, in particular to the making of statements in the
cases and the persons referred to in Articles 271 and 294.
2-It is correspondingly applicable to the provisions of Article 318, n. 2, 3, 4 and 7.
Title II
From the audience
CHAPTER I
General provisions
273
Article 321.
Publicity of the hearing
1-A trial hearing is public, under penalty of insansible nullity, saved in the
cases in which the president decides the exclusion or restriction of advertising.
2-It is correspondingly applicable to the provisions of Article 87.
3-A The decision to exclude or to restrict advertising is, where possible,
preceded by conflicting hearing of the interested procedural subjects.
Article 322.
Discipline of the hearing and direction of the proceedings
1-A The discipline of the audience and the direction of the works compete for the president. Is
correspondingly applicable the provisions of Article 85 para.
2-Decisions relating to the discipline of the hearing and the direction of the proceedings are
taken without formalities, can be dictated to the minutes and preceded by hearing
contradicting, if the president understands that this does not call into question the tempestivity and
the effectiveness of the measures to be taken.
Article 323.
Powers of discipline and direction
For the discipline and direction of the work rests with the President, without prejudice to others
powers and duties that by law are assigned to it:
a) Carry out interrogations, respondents, examinations and any other acts of
production of the evidence, even if with prejudice to the order legally set to
them, whenever they understand it necessary to the discovery of the truth;
b) Order, by the appropriate means, the comparency of any persons and the
reproduction of any legally permissible statements, whenever the
understand necessary to the discovery of the truth;
c) Order the reading of documents, or of inquiry or instructional autos, in the
cases in which that reading is legally permissible;
d) Receive the oaths and the commitments;
e) Take all preventative, disciplinary and coactive measures, legally
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permissible, which are shown to be necessary or appropriate to make a cessation of the
acts of disturbance of the hearing and to ensure the safety of all the
procedural participants;
f) Ensure the adversarial and prevent the formulation of questions legally
inadmissible;
g) Directing and moderating the discussion, prohibiting, in particular, all expedients
manifestly impertinent or dilatory.
Article 324.
Conduct duties of the people who attend the hearing
1-People who attend the hearing must behave in such a way as not to harm
the order and the regularity of the works, the independence of criterion and the freedom of
action of procedural participants and to respect the dignity of the place.
2-It shall, in particular, be up to the persons referred to in the preceding paragraph:
a) Abide by the determinations regarding the discipline of the hearing;
b) Behaving with composure, keeping yourself silent, head on
discovery and seating;
c) Do not transport disruptive or dangerous objects, particularly weapons,
save, as for these, dealing with entities entrusted with the security of the
court;
d) Do not express feelings or opinions, particularly of approval or of
reprobation, by the purpose of the course of the hearing.
Article 325.
Situation and conduct of conduct of the accused
1-The accused, yet to be held or imprisoned, attends the free hearing in his
person, save if they are necessary to prevent the danger of leakage or acts
of violence.
2-The accused held or arrested is, whenever possible, the last one to enter the room of
hearing and the first to be her withdrawn.
3-The accused is bound by the same conduct duties as, in the terms of the article
previous, impend about the people who attend the hearing.
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4-If, in the course of the hearing, the accused lacked the respect due to the court, it is
cautioned and, if it persists in behavior, it is mandated to collect any
Dependence of the court, without prejudice to the faculty of attending the last
interrogation and the reading of the sentence and the duty to return to the room whenever the
court repute its necessary presence.
5-The accused removed from the hearing room, pursuant to the preceding paragraph, considers it to be
if present and is represented by the defender.
6-The recusal of the accused is worth only for the session during which he has been
ordered.
7-It is correspondingly applicable to the provisions of Article 85 (3).
Article 326.
Conduct of lawyers and advocates
If the lawyers or defenders, in their claims or requirements:
a) If they depart from the respect due to the court;
b) To seek, manifest and abuse, stall or embark on the course
normal of work;
c) Use of injurious or defamatory expressions or unnecessarily
violent or aggressive; or
d) They do, or incite to be made, comments or explanations on
alhedic matters to the process and that in no way serve to clarify it;
are cautioned with urbanity by the president of the court; and if, after
adverts, continue, can that one draw them the word, being applicable in this
case the provisions of the law of civil procedure.
Article 327.
Contradictoriety
1-The incidental issues overcoming in the course of the hearing are decided by the
Court, ears the procedural subjects who are interested in them.
2-The means of evidence presented in the course of the hearing shall be submitted to the
principle of the adversarial, even if they were officiously produced by the
court.
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Article 328.
Continuity of the hearing
1-A hearing is continuous, elapsed without any interruption or adjournment until the
its closure.
2-Are admissible, at the same hearing, the strictly necessary interruptions, in
special for feeding and rest of the participants. If the hearing cannot be
completed on the day that if it has started, is stopped, to continue on the business day
immediately later.
3-The postponement of the hearing is admissible only, without prejudice to the remaining cases provided for
in this Code, when, not being the simple interruption enough to remove the
obstacle:
a) Lacking or making it impossible to participate in person who cannot be from
immediate replaced and the presence of which is indispensable by force of law or
order of the court, except if other persons are present, case in
that your respondent or hearing will be carried out, even if this implies the
amendment of the order of production of evidence referred to in Article 341;
b) It is absolutely necessary to proceed to the production of any means of proof
supervenient and unavailable at the time the hearing is on
elapse;
c) Arise any question detrimental, preview or incidental, the resolution of which is
essential to the good decision of the cause and to make it highly inconvenient to
continuation of the hearing; or
d) It is necessary to make the drafting of social reporting or information of the
social reinsertion services, pursuant to Art. 370 (1).
4-In the event of an interruption of the hearing or its postponement, the hearing resumes to
from the last procedural act practiced at the hearing interrupted or postponed.
5-A interruption and adjournment depend always on reasoned dispatch of the
president who is notified to all procedural subjects.
6-The adjournment cannot exceed 30 days. If it is not possible to resume the hearing
at this time, it loses effectiveness to the production of evidence already carried out.
7-The public announcement at a hearing of the day and the time for continuation or resumation
of that valley as notification of the people who should consider themselves present.
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CHAPTER II
From the introductory acts
Article 329.
Call and opening of the hearing
1-At the time to which the hearing should be held, the bailable, speakership employee and
publicly, starts by identifying the process and calls, then the people
that in it should intervene.
2-If you lack any of the people who should intervene in the hearing, the employee of
justice makes new call, after which it communicates verbally to the president the rol of the
gifts and the faltours.
3-Thereafter, the court enters the room and the president declares open the hearing.
Article 330.
Lack of the Public Prosecutor's Office, the defender and the representative of the assistant or the parties
civilians
1-If at the beginning of the hearing, the Public Prosecutor's Office or the defender is not present, the
president proceeds, under penalty of insansible nullity, to the replacement of the Ministry
Public by the legal substitute and the defender by another lawyer or lawyer
trainee, to which you can grant, if you so require, some time to
examine the process and prepare the intervention.
2-In the event of a lack of the representative of the assistant or the civil parties the hearing
proceeds, being the deceased admitted to intervening as soon as it appears. Addressing the
lack of assistant representative in charge dependent procedure
particular, the hearing is postponed for one time; the unjustified lack or the second
foul is worth as dismissals of the charge, unless there is opposition from the accused.
Article 331.
Lack of the assistant, from witnesses, experts, technical consultants or from the civil parties
1-Without prejudice to the willing in Article 116, the lack of the assistant, of witnesses,
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experts or technical consultants or the civil parties gives no place to the postponement of the
hearing. The assistant and the civil parties are, in that case, represented for all the
legal effects by the respective lawyers constituted.
2-If the President, officiously or the application, decides, by dispatch, that the
presence of some of the persons mentioned in the preceding paragraph is indispensable to the
good decision of the cause and it is not foreseeable to obtain your turnout with the
simple interruption of the hearing, the witnesses and ears are surveyed
assistant, the experts or technical consultants or the civil parties present, even if
such shall imply the amendment of the proof production order referred to in Article 341.
3-For lack of the persons mentioned in paragraph 1, there can be no more than one adjournment.
4-The President may, officiously or on the application and with a view to avoid the
interruption or adjournment of the hearing pursuant to paragraph 2, change the order of
production of the evidence referred to in Article 341.
Article 332.
Presence of the accused
1-The presence of the accused at the hearing shall be obligatory, without prejudice to the provisions of the
articles 333, n. paragraphs 1 and 2, and 334, n. paragraphs 1 and 2.
2-The defendants who must respond to a particular court, according to the standards
general competence, and is stuck in different comarch by the practice of another
crime, it is requisitioned to the entity that has it to its order.
3-A The reasoned application of the accused, it is up to the court to provide that the
conditions for their displacement.
4-The defendants who have attended the hearing cannot move away from it until his
term. The President takes the necessary and appropriate measures to prevent the
remoteness, included detention during interruptions of the hearing, if that
opinion indispensable.
5-If, notwithstanding the provisions of the preceding paragraph, the accused shall step away from the room of
hearing, may this continue until final if the accused has already been interrogated and the
court not to consider it indispensable for its presence, being for all purposes
represented by the defender.
6-The willing in the previous number is matched correspondingly to the case where the
argued, by dolo or negligence, if it has placed itself in an incapacity
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to continue to participate in the hearing.
7-In the cases provided for in paragraphs 5 and 6 of this article, as well as in Article 325 (4),
coming back the defendants to the hearing room is, under penalty of nullity, briefly
instructed by the president of what if he has passed in his absence.
8-It is correspondingly applicable to the provisions of Articles 116, n. 1 and 2, and 254.
Article 333.
Lack and judgment in the absence of the accused notified to the hearing
1-If the regularly notified defendants are not present at the designated time for the
commencement of hearing, the President takes the necessary and legally required steps
permissible to obtain their comparency, and the hearing is only postponed if the court
consider that it is absolutely indispensable for the discovery of the material truth
its presence since the beginning of the hearing.
2-If the court considers that the hearing may begin without the presence of the accused,
or if the lack of defendants has as a cause the impediments set out in paragraphs 2 a to 4
of Article 117, the hearing is not postponed, being surveyed or heard from the persons
present in the order referred to in points b) and c) of Article 341, without prejudice to the
amendment that is necessary to carry out in the rol presented, and its statements
documented, applying where the provisions of paragraph 6 of the article need to be applied
117.
3-In the case referred to in the preceding paragraph, the defendants retain the right to provide
statements up to the closing of the hearing, and if it occurs on the first date
marked, the lawyer constituted or the defender appointed to the accused may apply for
that this is heard on the second date designated by the judge under Rule 312,
n. 2.
4-The provisions of the preceding paragraphs shall be without prejudice to the hearing taking place in the
absence of the accused with their consent, pursuant to Art. 334 (2).
5-In the case provided for in paragraphs 2 and 3, where the hearing in the absence of the accused, shall be held,
sentence is notified to the defendant as soon as he is detained or presents himself
voluntarily. The deadline for the interposition of appeal by the accused is due to
departure from the notification of the sentence.
6-It is correspondingly applicable to the provisions of Articles 116 (1) and 2, and 254 and
in paragraphs 4 and 5 of the following article.
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Article 334.
Hearing in the absence of the accused in special cases and of edital notification
1-If the case coups sumarest process but the procedure has been resubmitted
for the common form and if the accused cannot be notified of the dispatching that
designates day for the hearing or skipping this unjustifiably, the court may
determine that the hearing takes place in the absence of the accused.
2-Whenever the accused find himself practically unable to attend the
hearing, in particular by age, serious illness or residence abroad,
may require or consent to the hearing to take place in your absence.
3-In cases provided for in paragraphs 1 and 2, if the court comes to consider absolutely
indispensable the presence of the accused, orders it, interrupting or delaying the
hearing, if that is necessary.
4-Whenever the hearing takes place in the absence of the accused, this one is represented, for
all possible effects, by the defender.
5-In case of connection of proceedings, the present and absentee defendants are judged
jointly, save if the court has as more convenient the separation of
processes.
6-It is correspondingly applicable to the provisions of Articles 116, n. 1 and 2, and 254.
Article 335.
Statement of contumacy
1-Out of the cases provided for in paragraphs 1 and 2 of the preceding Article, if, after the
necessary representations to the notification referred to in Article 313 (2) and the first
part of paragraph 3, it is not possible to notify the accused of the dispatching designating the day
for the hearing, or carry out the detention or remand-remand referred to in the articles
116, paragraph 2, and 254, or consequent to an evasion, the accused shall be notified by
editations to perform in judgement, within a period of up to 30 days, under penalty of being declared
contumaz.
2-The edithes contain the indications for the identification of the accused, of the crime that
it is charged to him and the legal provisions that punish him and the communication that, not if
presenting at the signed deadline, will be declared contumacious.
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3-A The statement of contumacy is within the competence of the president and implies suspension
of the subsequent terms of the case until the presentation or detention of the accused, without
prejudice to the achievement of urgent acts pursuant to Art. 320 para.
4-In the event of connection of proceedings, the statement of contumacy implies separation
of those in which it has been handed down.
Article 336.
Expiry of the statement of contumacy
1-A The statement of contumacy lapses as soon as the accused has come forward or is detained,
without prejudice to the provisions of paragraph 4 of the preceding Article.
2-As soon as he presents himself or is detained, the accused is subject to term of identity and
residence, without prejudice to other coaction measures, observing the provisions of
in the n. the
2, 4 and 5 of Article 58 para.
3-If the process has proceeded in the terms of Art. 283, para. 5, final part, the
argued to be notified of the charge, and may apply for opening of instruction within the term of
Referring to Article 287, following the remaining terms set for the proceedings
common.
Article 337.
Effects and notification of contumacy
1-A The statement of contumacy implies for the accused the immediate passage of
warrant for detention for the purposes of the provisions of paragraph 2 of the preceding Article or for
application of the preventive arrest measure, where appropriate, and the cancellability of the
legal business of a patrimonial nature concluded after the declaration.
2-A cancellability is deducted before the competent court by the Public Prosecutor's Office
until the cessation of contumacy.
3-When the measure is shown to be necessary to demotivate the contumacy situation, the
court can enact a ban on obtaining certain documents, certificates or
records with public authorities, as well as the arrest, in full or in
part, of the goods of the accused.
4-To the arrest is correspondingly applicable to the provisions of Article 228, n. 2, 3, 4 and
5.
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5-The order declaring the contumacy is announced pursuant to Art. 113, para.
9, final part, and notified, with an indication of the effects provided for in paragraph 1, to the defender
and the relative or person of the trust of the accused.
6-The dispatch that declarates the contumacy, with specification of the respective effects, and
the one who declars their cessation are published in the Journal of the Republic .
Article 338.
Pre- or incidental issues
1-The court knows and decides on the nullities and any other preconditions or
incidental likely to obster to the appreciation of the merit of the cause about which
there has still been no decision and that it can since soon appreciate.
2-A The discussion of the issues referred to in the preceding paragraph shall be contained in the limits of
strictly necessary time, not surpassing, as a rule, an hour. The decision
may be delivered orally, with transcript on the minutes.
Article 339.
Introductory exhibitions
1-Realized the introductory acts referred to in the previous articles, the President
orders the withdrawal from the room of the persons who should testify, and may proceed from
equal mode with respect to other people who should be heard, and makes a
succinct exhibition on the object of the process.
2-Then the President gives the floor, by the order indicated, to the Public Prosecutor's Office,
to the lawyers of the assistant, the aggrieved and the civil officer and the defender, to which
each of them indicates, if they so wish, summarily and within ten minutes,
the facts that it is proposed to prove.
3-The President actively regulates the exhibitions referred to in the preceding paragraph, with
seen to avoid divagations, repetitions or interruptions, as well as to which they
turn into preliminary allegations.
4-Without prejudice to the regime applicable to the alteration of the facts, the discussion of the cause has
by object the facts alleged by the prosecution and the defence and those which result from the
evidence produced at a hearing, as well as all relevant legal solutions,
regardless of the legal qualification of the facts resulting from the prosecution or the
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pronunciation, with a view to the purposes referred to in Articles 368 and 369.
CHAPTER III
From the production of the proof
Article 340.
General principles
1-The court orders, officiously or the application, the production of all means
of proof whose knowledge appears to be necessary to the discovery of the truth and to the
good decision of the cause.
2-If the court considers necessary the production of non-constant means of proof of the
prosecution, pronunciation or contestation, gives this knowledge, with the
in advance possible, to the procedural subjects and to make it appear on the minutes.
3-Without prejudice to the provisions of Article 328 (3), the requirements for proof are
dismissed by dispatch when the proof or the respective means are legally
inadmissible.
4-Proofs of proof are still undue if it is notorious that:
a) The required proofs are irrelevant or superfluous;
b) The means of proof is unsuitable, of obtaining impossible or very doubtful; or
c) The application has merely dilatory purpose.
Article 341.
Order of production of the proof
The production of the proof shall comply with the following order:
a) Statements of the accused;
b) Presentation of the means of evidence indicated by the Public Prosecutor's Office, by the
assistant and the aggrieved;
c) Presentation of the means of evidence indicated by the defendants and the responsible
civil.
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Article 342.
Identification of the accused
1-The president begins by asking the accused by his name, filiation, freguesia and
concelain of naturalness, date of birth, marital status, profession, place of
work and residence and, if necessary, ask you for the official document display
plenty of identification.
2-The president warns the defendants that the lack of response to questions asked or the
falsesity of the same can make incurrance in criminal liability.
Article 343.
Statements of the accused
1-The President informs the accused that he is entitled to provide statements in any
moment of the hearing, as long as they refer to the object of the proceedings, without which
however the such is obliged and without that your silence may disadvantaged you.
2-If the accused is available to provide statements, the court hears it in all how much
say, at the limits pointed out in the preceding paragraph, without manifold any opinion
or weave any comments donde may infers a judgment on the
culpability.
3-If, in the course of the statements, the accused deviates from the object of the proceedings,
reporting on irrelevant matter for the good decision of the cause, the President
warns him and, if that persists, draws him the word.
4-Responding several co-defendants, the president determines whether to be heard in the
presence of each other; in the event of a separate hearing, the president, once all
the defendants heard and returned to the hearing, gives them briefly
knowledge, under penalty of nullity, than if it has been passed in its absence.
5-To the Public Prosecutor's Office, to the defender, to the representatives of the assistant and the parties
civilians are not permitted interferences in the statements of the accused, namely
suggestions as to how to declare. It is left, however, in respect of the
defender, the provisions of Article 345 (1), second part.
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Article 344.
Confession
1-In the event that the accused declares that he intends to confess to the facts that are
imputed, the president, under penalty of nullity, asks him if he makes him free will
and outside of any coaction, as well as if it is proposed to make a full confession and
without reservations.
2-A Full confession and without reservation implies:
a) Renunciation of the production of the evidence relating to the imputed and consequential facts
consideration of these as proven;
b) Immediate passage to oral allegations and, if the accused should not be
acquitted on other grounds, to the determination of the applicable penalty; and
c) Reduction of the rate of justice in half.
3-Except for the provisions of the preceding paragraph the cases in which:
a) There are co-defendants and not checking themselves full confession, without reservation and
coherent of all of them;
b) The court, in its conviction, is suspicious of the free character of the confession,
particularly by doubts about the full imputability of the accused or the
veracity of the confessed facts; or
c) The crime is punishable with a prison sentence of more than five years.
4-Checking full and unreserved confession in the cases of the previous number or the
partial confession or with reservations, the court decides, in his free conviction, whether to
take place and to what extent, as to the confessed facts, the production of the proof.
Article 345.
Questions about the facts
1-If the accused is available to provide statements, each of the judges and of the jurors
can ask you questions about the facts that are imputed to you and ask you to
clarifications on the statements provided. The accused can, spontaneously
or the recommendation of the defender, refuse the answer to some or all of the
questions, without it being able to disfavor him.
2-The Public Prosecutor's Office, the lawyer of the assistant and the defender can request the
chairman who formulates the accused questions, in the terms of the preceding paragraph.
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3-Can be shown to the defendants any persons, documents or objects
related to the subject of the proof, as well as previous parts of the process, without
prejudice to the provisions of Articles 356 and 357.
4-Cannot be worth as a means of proof of the statements of a co-defendant in injury
of another co-defendants when the declarant refuses to answer the questions
formulated in the terms of the n. the
1 and 2.
Article 346.
Statements of the assistant
1-statements may be made to the Assistant, by questions formulated by
any of the judges and the jurors or the president, the request of the Ministry
Public, of the defender or of the lawyers of the civil parties or the assistant.
2-It is correspondingly applicable to the provisions of Article 145, paragraph 3 and 4, and in paragraph 3 of the
previous article.
Article 347.
Statements of the civil parties
1-The civil officer and the injured party may be made declarations, upon
questions formulated by any of the judges or the jurors or by the president, the
solicitation from the Public Prosecutor's Office, the defender or the lawyers of the assistant or the
civil parts.
2-It is correspondingly applicable the provisions of Article 145, n. paragraphs 2 and 4, and in the article
345, paragraph 3.
Article 348.
Respondent of the witnesses
1-To the production of the testimonial proof at the hearing are correspondingly applicable
the general provisions on that means of proof, in everything that is not contradicted
by the provisions of this chapter.
2-The witnesses are surveyed, one after another, by the order why they were indicated,
save if the president, for founded reason, disposes of another way.
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3-The president asks the witness for his identification, for his relations
personal, family and professional with the participants and for their interest in the
cause, of everything if making mention in the minutes.
4-Hereinafter the witness is surveyed by whom it has indicated it, being then subjected to
counter-interrogation. When in this they are raised questions not raised in the
direct interrogation, whoever has indicated the witness may reinquil it over
those issues, and may follow new counter-interrogation with the same
scope.
5-The judges and the jurors may at any time formulate the witness as
questions that we will understand necessary for clarification of the testimony provided and
for good decision of the cause.
6-Mediant authorization of the President, may the witnesses indicated by a co-
argued to be surveyed by the defender of another co-defendants.
7-It is correspondingly applicable to the provisions of Article 345 (3).
Article 349.
Witnesses under the age of 16 years
The respondent of witnesses under the age of 16 is carried out only by the
president. Finda her, the other judges, the jurors, the Public Prosecutor's Office, the defender and the
lawyers for the assistant and the civil parties may ask the president to formulate the
witness additional questions.
Article 350.
Statements by experts and technical consultants
1-The statements of experts and technical advisors are taken by the President, the
who the other judges, the jurors, the prosecutor's office, the defender and the lawyers
of the assistant and the civil parties may suggest any requests for clarification
or useful questions for the good decision of the cause.
2-During the provision of declarations, experts and consultants may, with permission
of the President, consult notes, documents or bibliographical elements, as well as
serve as the technical instruments they are lacking, sensing them yet
correspondingly applicable the provisions of Article 345 (3).
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3-Experts from the establishments, laboratories or official services are heard by
teleconference from your place of work, whenever this is technically
possible, being twill-only the notification of the day and the hour to which it will proceed.
your hearing.
Article 351.
Forensics on the psychic state of the accused
1-When at the hearing fundraising the question of the inimitability of the
argued, the president, officiously or the application, orders the comparency of
an expert to rule on the psychic state of that one.
2-The court may also order the comparency of the expert when at the hearing if
fundraising by fundraising the question of the diminished imputability of the accused.
3-In justified cases, can the court requisition the expertise to the establishment
specialized.
4-If the expert has not yet examined the accused or forensics is requested to
specialized establishment, the court, for the purpose, interrupts the hearing or,
if it is absolutely indispensable, it postpones it.
Article 352.
Removal of the accused during the provision of statements
1-The court orders the removal of the defendants from the hearing room, during the provision
of statements, if:
a) There is reason to believe that the presence of the accused would inhibit the declarant of
tell the truth;
b) The declarant is less than 16 years old and there is reason to believe that his hearing
in the presence of the accused could harm him gravely; or
c) You should be heard an expert and there is reason to believe that your hearing in the
presence of the accused could severely damage the physical integrity or
psych of this.
2-Saved in the hypothesis of the point c) of the previous number, is correspondingly applicable
the provisions of Article 332 (7).
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Article 353.
Dispensation of witnesses and other declarants
1-The witnesses, the experts, the assistant and the civil parties can only leave the place
of the hearing by order or with authorization from the President.
2-A authorization is denigrated whenever there are reasons to believe that presence may
be useful to the discovery of the truth.
3-The Public Prosecutor's Office, the defender and the lawyers of the assistant and the civil parties are
heard about the order or the authorization.
Article 354.
Exam on site
The court may, when it considers it necessary for the good decision of the cause, to move to the
place where any event has occurred whose evidence proves essential and convene for
the effect the procedural participants whose presence they understand convenient.
Article 355.
Prohibition of valuing evidence
1-Not worth in judgment, particularly for the effect of formation of the conviction
of the court, any evidence that has not been produced or examined in
hearing.
2-Thessaloniki of the provisions of the preceding paragraph the evidence contained in acts
procedural whose reading, visualization or hearing in hearing are permitted, in the
terms of the following articles.
Article 356.
Permitted reading of autos and declarations
1-Only reading is allowed in hearing of autos:
a) Relating to procedural acts carried out in accordance with Articles 318,
319. and 320.; or
b) Of instruction or enquiry that do not contain statements of the accused, of the
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assistant, civil parties or witnesses.
2-A reading of statements by the assistant, civil and witness parties is only
permitted having been rendered before the judge in the following cases:
a) If the statements have been taken pursuant to Articles 271 and 294;
b) If the Public Prosecutor's Office, the accused and the assistant are in agreement in their
reading;
c) Dealing with statements obtained by legally precatory
allowed.
3-The reading of statements previously provided before the judge is also permitted:
a) In the necessary part to the avivation of the memory of whom to declare at the hearing
which no longer recalls certain facts; or
b) When there are, between them and those made in hearing, contradictions or
discrepancies.
4-It is permitted to read statements provided before the judge or the Public Prosecutor's Office
if the declarants have not been able to attend by demise, psychic abnormality
supervenient or impossibility duradowing.
5-Verifying the provisions of paragraph 2 (2) b ), the reading can take place even if
handle statements rendered before the Public Prosecutor's Office or in the face of organs of
criminal police.
6-It is prohibited, in any case, the reading of the testimony provided in inquiry or
statement by witness who, at a hearing, has been validly refused to testify.
7-The organs of criminal police who have received statements whose reading is not
permitted, as well as any persons who, to any title, have participated
in their collection, they cannot be surveyed as witnesses on the content
of those.
8-A view or the hearing of recordings of procedural acts is only permitted
when the is the reading of the respective auto in the terms of the previous numbers.
9-A permission from a reading, viewing or hearing and your legal justification stay
the record of the minutes, under penalty of nullity.
Article 357.
Permitted reading of statements of the accused
1-A The reading of statements previously made by the accused is only allowed:
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a) Your own solicitation and, in this case, whatever the entity in the face of which
have been provided; or
b) When, having been made before the judge, there are contradictions or discrepancies
between them and those made at a hearing.
2-It is correspondingly applicable to the provisions of paragraphs 7 a to 9 of the preceding Article.
Article 358.
Non-substantial change in the facts described in the prosecution or the pronunciation
1-If in the course of the hearing if a non-substantial change of the facts is found
described in the indictment or the pronunciation, if any, with relief to the decision of the
cause, the president, officiously or the application, communicates the amendment to the
argued and grants him, if he requires it, the time strictly necessary for the
preparation of the defence.
2-Ressalva from the provisions of the preceding paragraph the case for the amendment derived from
facts alleged by the defence.
3-The provisions of paragraph 1 shall be correspondingly applicable when the court changes the
legal qualification of the facts described in the prosecution or the pronunciation.
Article 359.
Substantial change in the facts described in the prosecution or the pronunciation
1-A substantial change in the facts described in the prosecution or the pronunciation not
may be taken into account by the court for the effect of conviction in the proceeding at
course, nor does it imply the extinction of instance.
2-A communication of the substantial change in facts to the Public Prosecutor's Office is worth as
denunciation so that it will proceed by the new facts, if these are autonomizable in
relation to the object of the procedure.
3-Thessaloniki of the provisions of the preceding paragraph the cases in which the Public Prosecutor's Office,
the defendants and the assistant are in accordance with the continuation of the trial by the
new facts, if these do not determine the incompetence of the court.
4-In the cases referred to in the preceding paragraph, the President grants the accused, the
application of this, deadline for preparation of the defence not more than 10 days, with the
consequent postponement of the hearing, if necessary.
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Article 360.
Oral allegations
1-Finda the production of the proof, the President grants the word, successively, to the
Prosecutor's Office, the lawyers of the assistant and the civil parties and the defender, to
oral claims in which to expose the findings, in fact and in law, that hajam
extracted from the proof produced.
2-It is admissible rebuttal, to exercise at one time, however, being always the defender, if
ask for the word, the last to speak, under penalty of nullity. The replica must contain itself
within the limits strictly necessary for the refutation of the arguments
contraries that have not been previously discussed.
3-The oral claims may not exceed, for each of the actors, one hour and
the replicas twenty minutes; the president may, however, allow it to continue in the use of the
word the one that, exhausted the most of the legally consented time, so
fundably require it on the basis of the complexity of the cause.
4-In exceptional cases, the court may order or authorize, by dispatching, the
suspension of the allegations for production of super-old means of proof when such
prove to be indispensable for the good decision of the cause; the dispatch fixed the time
granted for that effect.
Article 361.
Latest statements from the accused and closing of the discussion
1-Finds the allegations, the president asks the defendants if he has anything else to
claim in his defense, listening to him in everything that declarates the good of it.
2-Then the President declares closed the discussion, without prejudice to the provisions of the
article 371, and the court withdraws to deliberate.
CHAPTER IV
From the documentation of the hearing
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Article 362.
Minutes
1-A The minutes of the hearing contain:
a) The place, the date and time of opening and closing of the hearing and the
sessions that have composed it;
b) The name of the judges, the jurors and the representative of the Public Prosecutor's Office;
c) The identification of the accused, the defender, the assistant, the civil parties and the
respective lawyers;
d) The identification of witnesses, experts, technical consultants and the
interpreters and the indication of all evidence produced or examined in
hearing;
e) The decision to exclude or restrict advertising, pursuant to Art. 321;
f) The requirements, decisions and any other indications which, by virtue of the law,
of it should appear;
g) The signature of the president and the bail-out clerk who will wash it.
2-The president can order that the transcript of the required verbal applications and protests
be made only after the sentence, if you consider them dilators.
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.
Form of documentation
1-A The documentation of the statements given orally at the hearing is carried out, in
rule, by means of magnetofonic or audiovisual recording, without prejudice to the use
of stenographical or stenotypic means, or of other idoidal technical means to
ensure full reproduction of those. Is correspondingly applicable the
arranged in the n. the
2 and 3 of Article 101 para.
2-When there is place the magnetofonic or audiovisual recording, it must be
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consignment in the minutes the beginning and the end of the recording of each statement.
Title III
Of the sentence
Article 365.
Deliberation and voting
1-Saved in case of absolute impossibility, declared in dispatch, the deliberation
follows the closing of the discussion.
2-In the deliberation shall participate all the judges and jurors who constitute the court, under the
direction of the president.
3-Each judge and each juror enunciate the reasons for their opinion, indicating, whenever
possible, the means of proof that served to form their conviction, and vote
on each of the issues, regardless of the sense of the vote they have
expressed over others. It is not admissible to abstain.
4-The president collecs the votes, starting with the judge with lower seniority of
service, and vote in last place. In the jury's court to vote first the jurors, by
ascending order of age.
5-deliberations are taken by a simple majority of votes.
Article 366.
Secretary
1-To the deliberation and voting may assist the Registrar or the bail-out clerk who the
chairman designate.
2-The Registrar provides the court with all the aid and collaboration that this necessitates
during the process of deliberation and voting, namely, taking note, always
that the president understands him, the reasons and the means of evidence indicated by each
member of the court and of the outcome of the vote on each of the issues a
consider.
3-The notes taken by the secretary are destroyed as soon as the sentence is drawn up.
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Article 367.
Secret of deliberation and voting
1-The participants in the act of deliberation and voting referred to in the previous articles do not
can reveal nothing of what during it if it has gone through and relate to the cause,
nor express their opinion on the deliberation taken.
2-A violation of the provisions of the preceding paragraph shall be punishable by the sanction provided for in the article
371. of the Criminal Code, without prejudice to the disciplinary responsibility to which it may give
place.
Article 368.
Question of culpability
1-The court begins by deciding the prior or incidental questions separately
on which it has not yet been recited decision.
2-Then, if the appreciation of merit has not become impaired, the President
enlists discriminated against and specifically and submits deliberation and voting the facts
alleged by the prosecution and the defense, and well so those resulting from the discussion of the
cause, relevant to the questions of knowing:
a) If the constitutive elements of the type of crime were checked;
b) Whether the accused practiced the crime or in it participated;
c) If the accused acted with guilt;
d) If there has been any cause that excludes unilicitude or guilt;
e) If any other assumptions have been found that the law will make depend on
punishability of the agent or the application to this of a safety measure;
f) Whether the assumptions on which the arbitration of the
civil compensation.
3-Then the president lists it discriminately and submits the deliberation and
voting all questions of law raised by the facts referred to in the number
previous.
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Article 369.
Issue of the determination of the sanction
1-If, of the deliberations and votes taken in the terms of the previous article, result that
to the defendants must be applied a penalty or a security measure, the president reads
or send read all the existing documentation in the autos on the background
criminal of the accused, to the expertise about his personality and the social report.
2-Next, the President asks whether the court considers necessary production of
supplementary evidence for determination of the species and the measure of the penalty to be applied. If
the response is negative, or after the production of the evidence pursuant to Art. 371, the
court deliberates and votes on the species and the measure of the sanction to be applied.
3-If, in the deliberation and voting referred to in the final part of the preceding paragraph, if
express more than two opinions, the votes favourable to the sanction of greater
gravity add to those favorable to the immediately lower gravity sanction,
until you get a majority.
Article 370.
Social report
1-The court may at any time of the trial as soon as, as a function of the evidence
for the effect produced at a hearing, the deemed necessary to the correct
determination of the sanction that may eventually be applied, to request the
drawing up of social reporting or information from social reinsertion services, or
the respective update when those already constarve from the process.
2-Regardless of request, social reinsertion services can send to the
court, when the accompanist of the accused the counsel, the social report or the
respective update ..
3-A reading at a hearing of the social report or the information of the services of
social reinsertion is only allowed the application, in the terms and for the effects
provided for in the following article.
4-It is correspondingly applicable to the provisions of Article 355.
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Article 371.
Reopening of the hearing for the determination of the sanction
1-Making it necessary production of supplementary proof, in the terms of the article
369, paragraph 2, the court returns to the hearing room and declares this reopen.
2-Then proceed to the production of the necessary proof, listening whenever
possible the criminological expert, the social reinsertion technician and any persons
that they can lay with relief on the personality and living conditions of the
argued.
3-The interrogations are always done by the president, and may, finishes them, the others
judges, the jurors, the Public Prosecutor's Office, the defender and the lawyer of the assistant
suggest any requests for clarification or useful questions to the decision.
4-Finda the production of the supplementary evidence, the Public Prosecutor's Office, the lawyer of the
assistant and the defender can conclusively claim up to a maximum of twenty
minutes each.
5-A The production of supplementary evidence stems with exclusion from advertising, unless the
president, by dispatch, understand that of the advertising cannot result in the offence to the
dignity of the accused.
Article 371-The
Opening of the hearing for retroactive application of more favourable criminal law
If, after the transit on trial of the conviction but before it has ceased to run the
Penalty, to enter into force more favorable criminal law, the convict may apply for reopening
of the hearing so that the new regime will be applied to it.
Article 372.
Drafting and signing of the sentence
1-Completed the deliberation and vote, the president, or, if this becomes won, the judge
older than those they make due, draw up the sentence according to the
positions that have made maturity.
2-Then, the sentence is signed by all the judges and the jurors and, if any
of the judges to sign won, accurately declares the motives of their vote.
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3-Returned the court to the hearing room, the sentence is read publicly by the
president or by another of the judges. The reading of the report may be omitted. The reading
of the statement of reasons or, if this is very extensive, of a pleas, as well as of the
device, is mandatory, under penalty of nullity.
4-A The reading of the sentence amounts to its notification to the procedural subjects that
should be considered present at the hearing.
5-Soon after the reading of the sentence, the President proceeds to his deposit at the registry office.
The Registrar appoints the date, endorses the filing and delivery statement to the
procedural subjects who request it.
Article 373.
Reading of the sentence
1-When, attentive to the special complexity of the cause, it is not possible to proceed
immediately to the drafting of the sentence, the president fixed publicly the date
within the following 10 days for the reading of the sentence.
2-On the date fixed proceeds publicly to the reading of the sentence and to its deposit in the
would be secret, in the terms of the previous article.
3-The accused who is not present considers himself to be notified of the sentence after
this has been read before the appointed or constituted defender.
Article 374.
Requirements of the sentence
1-A sentence begins by a report, which contains:
a) The indications for the identification of the accused;
b) The indications aimed at the identification of the assistant and the civil parties;
c) An indication of the crime or crimes charged to the accused, it said.
prosecution, or pronunciation, if there has been;
d) The summary indication of the findings contained in the dispute, if it has been
presented.
2-The report follows the statement of reasons, which is stated in the enumeration of the facts
proven and unproven, as well as from an exhibition as much as possible
complete, yet concise, of the grounds, in fact and of law, which substantiate the
299
decision, with indication and critical examination of the evidence that served to form the
conviction of the court.
3-A sentence ends by the device it contains:
a) The applicable legal provisions;
b) The sentencing or absolutory decision;
c) The indication of the destination to be given to things or objects related to the crime;
d) The order of remittance of bulletins to the criminal record;
e) The date and signatures of the members of the court.
4-A sentence observes the provisions of this Code and the Code of Judicial Costs in
matter of expense.
Article 375.
Sentencing sentence
1-A sentencing sentence specifies the fundamentals that have presided over the choice and the
measure of the sanction applied, indicating, in particular, where appropriate, the beginning and the
regime of its compliance, other duties that to the convict are imposed and the
its duration, as well as the individual social readaptation plan.
2-After the reading of the sentencing sentence, the president, when judging it convenient,
addresses the arguably short address, exhorting him to correct.
3-For effect of the provisions of this Code, a sentence shall also be deemed to be sentencing
that has decreed dispensation of the penalty.
4-Where necessary, the court carries out the reexamination of the situation of the accused,
subjecting it to the allowable and appropriate coating measures to the requirements
cautionary that the case requires.
Article 376.
Absolute sentence
1-A absolute sentence declares the extinction of any coaction measure and orders the
immediate release of the accused arrested preventively, save if he should continue
arrested for another reason or suffer from an internment security measure.
2-A absolute sentence condemns the assistant at expense, in the terms provided for in this
Code and the Code of Judicial Costs.
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3-If the crime has been committed by inimitable, the sentence is absolute; but if it
is applied for safety measure, is worth as a sentencing sentence for the purposes of the
provisions of paragraph 1 of the previous article and of the appeal of the accused.
Article 377.
Decision on the application for civil damages
1-A sentence, albeit an absolute one, condemns the accused in civil damages always
that the respective request will prove to be founded, without prejudice to the provisions of the
article 82, paragraph 3.
2-If the civil officer has intervenor intervenor in the criminal proceedings, the conviction in
civil indemnity is profiled against him or against him and the defendants jointly and severally,
always that your responsibility comes to be recognized.
Article 378.
Publication of absolute sentence
1-When it considers it justified, the court orders on the device the publication
integral or by extract of the absolutory sentence in newspaper indicated by the accused,
as long as this requires the rewant until the closing of the hearing and there is assistant
constituted in the process.
2-The expenses run out of the assistant and are worth it as costs.
Article 379.
Nullity of the sentence
1-It is void the sentence:
a) That does not contain the mentions referred to in Article 374, para. 2 and 3, para. b );
b) To convict on various facts of those described in the prosecution or in the pronunciation,
if there is, outside of the cases and the conditions laid down in Articles 358 and 359;
c) When the court cede no pronouns on issues that it should appreciate
or know of issues that you could not take notice of.
2-The nullities of the sentence must be argued or known in appeal, being lawful
to the court to supply them, by applying, with the necessary adaptations, the provisions of the
301
article 414, paragraph 4.
Article 380.
Correction of the sentence
1-The court, officiously or the application, proceeds to the correction of the sentence
when:
a) Outside of the cases provided for in the previous article, it has not been observed or not
the provisions of Article 374 have been fully complied with;
b) The sentence contains error, lapse, obscurity or ambiguity whose elimination
do not import essential modification.
2-If it has already been sublet of the sentence, the correction is made, where possible, by the
competent court to know of the appeal.
3-The provisions of the preceding paragraphs are correspondingly applicable to the remaining
decisive acts provided for in Article 97.
Article 380-The
( Revoked)
BOOK VIII
Of the special processes
Title I
From the summary process
Article 381.
When it takes place
1-Are adjudicated in summary proceedings those arrested in flagrante delicto, pursuant to the
articles 255 and 256, by crime punishable by imprisonment whose maximum limit is not
be more than 5 years, even in the event of a contest of offences:
a) When the detention has proceeded any judicial authority or entity
police officer; or
b) When the detention has been carried out by another person and, within a time limit not
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exceeds 2 hours, the detainee has been handed over to one of the entities referred to in the
previous point having this written self-summary of the delivery.
2-Are still adjudicated in summary proceedings, in the terms of the previous number, the detainees
in flagrante delicto for crime punishable with maximum upper limit prison sentence
a 5 years, even in the event of an infringement procedure, when the Public Prosecutor's Office,
on the charge, understand that it should not be applied, in concrete, prison sentence
higher than 5 years.
Article 382.
Presentation to the Public Prosecutor's Office and the trial
1-A judicial authority, if it is not the Public Prosecutor's Office, or the police entity that
have proceeded to detention or to whom the delivery of the detainee has been carried out,
presentation-no, immediately or in the shortest possible time, to the Ministry
Public with the competent court for the trial.
2-The Public Prosecutor's Office, after summarily interrogating the accused, presents it
immediately, or in the shortest possible time, to the competent court for the
trial.
3-If you have reason to believe that the trial hearing is not allowed to start on time
of 48 hours after the arrest, the Public Prosecutor's Office immediately releases the accused,
subjecting you, if this is the case, to the term of identity and residence, or present it to the
judge for the purposes of applying for coaction or guarantee-equity.
Article 383.
Notifications
1-A judicial authority or the police entity that have proceeded to detention
notify verbally, in the act itself, the witnesses of the occurrence, in number
not more than five, and the offending, if your presence is useful, to appear in the
hearing.
2-In the same act the accused is informed that he can present at the hearing up to five
witnesses of defence, being these, if present, verbally notified.
303
Article 384.
Archiving or suspension of the process
It is correspondingly applicable in summary proceedings the provisions of articles 280,
281. and 282.
Article 385.
Release of the accused
1-If the presentation to the judge does not take place in an act followed by the arrest in flagrante
Offence, the accused only remains held if there is reason to believe that not if
will present spontaneously before the judicial authority within the time limit
fixed.
2-In any case, the accused is immediately released when it is concluded that no
may be presented to the judge within 48 hours.
3-In the case of release under the terms of the previous figures, the police body
criminal subject to the defendants the term of identity and residence and notifies him to
appear before the Public Prosecutor's Office, on the day and time they are assigned, to
be submitted:
a) The trial hearing in summary proceedings, with the warning that
this one will perform, even if it does not compare, being represented by advocate;
or
b) The first judicial interrogation and possible application of coaction measure
or of equity guarantee.
Article 386.
General principles of judgment
1-The judgment in summary proceedings regulates the provisions of this Code
relative to the trial by singular court, with the modifications set out in this
title.
2-The acts and terms of the trial are reduced to the minimum indispensable to the
knowledge and good decision of the cause.
304
Article 387.
Hearing
1-The start of the trial hearing in summary proceedings takes place on time
maximum of 48 hours after detention.
2-The beginning of the hearing can be postponed:
a) Up to the limit of the 5. day after the arrest, when there is interposition of
one or more non-working days within the period provided for in the preceding paragraph;
b) Until the limit of 30 days, if the accused request such a time frame for preparation of the
your defence or if the court, officiously or at the request of the Ministry
Public, consider it necessary to proceed to any representations of proof
essential to the discovery of the truth.
3-If the hearing is postponed, the judge warns the defendants that this will be held on the date
designated, even if it does not compare, being represented by defender.
4-If witnesses are missing that the Public Prosecutor's Office, the assistant or the defendants do not
prescinding, the hearing is not postponed, the witnesses present being asked
by the order indicated in the points b) and c) of Article 341, without prejudice to the possibility
of changing the presented rol.
Article 388.
Assistant and civil parties
In summary process, persons with legitimacy to such, may constitute themselves
assistants or intervene as civil parties if they so request, even if only
verbally, at the beginning of the hearing.
Article 389.
Tramway
1-If the Public Prosecutor's Office is not present at the beginning of the hearing and cannot
to appear immediately, the court proceeds to its replacement by the legal substitute.
2-The Public Prosecutor's Office may replace the submission of the charge sheet by the reading of the self
of news of the authority that has proceeded to detention.
3-If documentation of the acts of hearing, the prosecution, has been requested, the
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contestation, the claim for damages and its contestation, when verbally
presented, are recorded in the minutes.
4-A presentation of the charge and contestation replace the introductory exhibitions
referred to in Article 339 para.
5-Finda the production of the proof, the word is granted, for one time, to the Ministry
Public, the representatives of the assistant and the civil parties and the defender, the
can use it for a maximum of thirty minutes, imextendable.
6-A sentence is soon prowound verbally and dictated to the minutes.
Article 390.
Referral to another form of process
The court only refers the autos to the Public Prosecutor's Office for tramping in another form
procedural when:
a) If you check the inadmissibility, in the case, of the summary process;
b) They have not been able, for duly justified reasons, to take place, on time
maximum provided for in Article 387, the necessary evidence to the
discovery of the truth; or
c) The procedure proves to be of exceptional complexity, due,
notably, to the number of defendants or of offending or the character
highly organized crime.
Article 391.
Recurrability
In summary proceedings it is permissible only to appeal the sentence or order which puser
term the process.
Title II
From the abbreviated process
306
Article 391-The
When it takes place
1-In case of a crime punishable with penalty of a fine or with penalty of imprisonment not exceeding
5 years, there is simple and evident evidence that it results in sufficient evidence of
if you have verified the crime and who your agent was, the Public Prosecutor's Office, in face
of the news self or after carrying out summary enquiry, deduct charge to
trial in abbreviated proceedings.
2-Are still adjudicated in abbreviated proceedings, pursuant to the previous number, the
crimes punishable with a maximum limit imprisonment of more than 5 years, even in
case of tender for offences, when the Prosecutor's Office, in the prosecution, understand
which should not be applied, in concrete, prison sentence of more than 5 years.
3-It is correspondingly applicable to the provisions of Article 16 (3).
4-For the purposes of the provisions of paragraph 1, it is considered that there is simple and evident evidence
when, in particular:
a) The agent has been detained in flagrante delicto and the trial cannot
take place in the form of summary process;
b) The proof is essentially documentary and can be collected within the prescribed time
for the deduction of the charge; or
c) The evidence rests on presential witnesses with uniform version of the facts.
Article 391-B
Prosecution, archiving and suspension of proceedings
1-A The prosecution of the Public Prosecutor's Office shall contain the elements referred to in the article
283, paragraph 3. The identification of the accused and the narration of the facts can be carried out,
in whole or in part, by remission to the news self or to the complaint.
2-A The charge is deducted within 90 days of the:
a) Acquisition of the news of the crime, pursuant to the provisions of Article 241,
treating themselves to public crime; or
b) Submission of complaint, in the remaining cases.
3-If the procedure depends on particular charge, the prosecution of the Ministry
Public takes place after deducting charge pursuant to Rule 285.
4-It is correspondingly applicable in abbreviated process the provisions of the articles
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280. to 282.
Article 391-C
Sanitation of the process
1-Received the autos, the judge knows of the matters referred to in Article 311.
2-If it does not reject the charge, the judge designates day for hearing, with precedence over
the judgments in common process, without prejudice to the priority to be conferred upon the
urgent processes.
Article 391-D
Hearing
The trial hearing in abbreviated proceedings commenced within 90 days of
count of the deduction of the charge.
Article 391-And
Judgment
1-The judgment is governed by the provisions relating to the trial in proceedings
common, with the changes provided for in this article.
2-Finda the production of the proof, is granted the word to the Public Prosecutor's Office, to the
representatives of the assistant and the civil parties and the defender, which they can use
of it for a maximum of thirty minutes, extensions if necessary and so is
required. It is conceded replica for a maximum of ten minutes.
3-A sentence is soon prowound verbally and dictated to the minutes.
Article 391-F
Recurrability
It is correspondingly applicable to the process abbreviated to the provisions of Article 391.
Title III
From the sumarest process
308
Article 392.
When it takes place
1-In case of a crime punishable by imprisonment of not more than 5 years or only with penalty
of fine, the Public Prosecutor's Office, on the initiative of the accused or after having heard it and
when you understand that the case should be concretely applied feather or measure of
non-custodial security of liberty, requires the court to take place
in the sumptiest process.
2-If the procedure depends on particular charge, the requirement provided in the
previous number depends on the agreement of the assistant.
Article 393.
Civil parts
It is not allowed, in summary process, the intervention of civil parties, without prejudice
of the possibility of application of the provisions of Article 82.
Article 394.
Application
1-The Public Prosecutor's application is written and contains the indications for the
identification of the defendants, the description of the imputed facts and the mention of the
legal provisions violated, the existing evidence and the summary enunciation of the reasons for the
which understands that the case should not concretely be applied for imprisonment.
2-The application ends with the precise indication by the Public Prosecutor's Office:
a) Of the specifically proposed sanctions;
b) Of the exact amount to be allocated for redress, pursuant to the provisions of the
article 82-A, when this should be applied.
Article 395.
Rejection of the application
1-The judge rejects the application and resends the case to another form that falls to him:
309
a) When the procedure is legally inadmissible;
b) When the application is manifestly unfounded, pursuant to the provisions of
in Article 311 (3);
c) When to understand that the proposed sanction is manifestly untenable of
carry out in an appropriate and sufficient manner the purposes of punishment.
2-In the case provided for in paragraph c) from the previous number, the judge may, in alternative to the
referral of the procedure to another form, fix different sanction, in its kind or
measure, of the proposal by the Public Prosecutor's Office, with the concordance of this and the
argued.
3-If the judge resubmit the proceeding to another form, the Public Prosecutor's application
amounts, in all cases, to the prosecution.
4-From the order referred to in paragraph 1, there is no appeal.
Article 396.
Notification and opposition of the accused
1-The judge, if he does not reject the application under the previous article:
a) Appoints defender to the accused who has no lawyer constituted or defender
named; and
b) Orders the notification to the defendant of the Public Prosecutor's application and,
where appropriate, of the dispatching referred to in paragraph 2 of the preceding Article, to,
wanting, to object within 15 days.
2-A notification referred to in the preceding paragraph shall be made by personal contact, in the
terms of Article 113 (1) a ), and must contain compulsorily:
a) The information of the right of the accused to object to the sanction and the manner of doing so;
b) The indication of the time limit for the opposition and its final term;
c) The clarification of the effects of the opposition and of the non-opposition to which the
next article.
3-The application is also notified to the defender.
4-A The opposition can be deducted by simple statement.
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Article 397.
Decision
1-When the accused does not object to the application, the judge, by order, proceeds to the
application of the sanction, adding condemnation at expense, the rate of justice being
reduced to one third.
2-The dispatching referred to in the preceding paragraph is worth as a sentencing sentence and
transits immediately on trial.
3-Is void the order that applies for different than the proposal or fixed pursuant to the
provisions of Articles 394 (2) and 395 (2).
Article 398.
Continue of the process
1-If the accused deducts opposition, the judge orders the referral of the case to another form
which kayaks him, equating to the charge, in all cases, the application of the
Prosecutor's Office formulated pursuant to Rule 394.
2-Ordinated the referral, the accused is notified of the charge, as well as to apply for,
in the event that the process follows the common form, the opening of instruction.
BOOK IX
Of the resources
Title I
Of the ordinary resources
CHAPTER I
General principles
Article 399.
General principle
It is permitted to appeal the judgments, sentences and dispatches whose irrestability
is not provided for in the law.
311
Article 400.
Decisions that do not admit recourse
1-It is not permissible to appeal:
a) Of dispatches of mere expedient;
b) Of decisions that order acts dependent on free resolution of the court;
c) Of judgments delivered, in appeal, by the relationships they do not meet, the final,
of the object of the case;
d) Of absolute judgments delivered, in appeal, by the relations, which
confirm decision of 1ª instance;
e) Of judgments given, in appeal, by the relations, which apply the penalty of
fine or penalty of imprisonment of not more than five years;
f) Of sentencing judgments delivered, in appeal, by the relations, which
confirm decision of 1 th instance and apply prison sentence not exceeding
eight years;
g) In the remaining cases provided for in the law.
2-Without prejudice to the provisions of Articles 427 and 432, the appeal of the part of the sentence
on civil indemnity is only admissible as long as the value of the claim is
superior to the court's remit resorted to and the contested decision is unfavorable for
the appellant in value in excess of half of this winged.
3-Even if it is not admissible to appeal as to the criminal matter, it may be brought into an interim
resource of the part of the sentence relating to civil compensation.
Article 401.
Legitimacy and interest in acting
1-Have legitimacy to appeal:
a) The Public Prosecutor's Office, of any decisions, albeit in the exclusive interest
of the accused;
b) The defendants and the assistant, of decisions against them rendered;
c) The civil parties, on the part of the decisions against each one handed down;
d) Those who have been sentenced to the payment of any
importances, pursuant to this Code, or have to defend a right
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affected by the decision.
2-You cannot turn to anyone who has no interest in acting.
Article 402.
Scope of the appeal
1-Without prejudice to the provisions of the following article, the interposed appeal of a sentence
covers the whole decision.
2-Unless it is founded on strictly personal grounds, the interposed feature:
a) By one of the defendants, in the event of a participation, take advantage of the remaining ones;
b) By the accused, take advantage of the civil officer;
c) By the civil officer, take advantage of the accused, even for criminal purposes.
3-The appeal brought only against one of the defendants, in cases of comparticipation,
does not harm the remaining.
Article 403.
Limitation of the resource
1-It is permissible to limit the appeal to a part of the decision when the party resorts
can be separated from the unresorbable part, so as to make it possible to
appreciation and an autonomous decision.
2-For the purpose of the provisions of the preceding paragraph, it shall be autonomous, inter alia, the part of
decision to be referred to:
a) The criminal matter;
b) The civil matter;
c) In case of a contest of crimes, each of the crimes;
d) In the event of criminal unity, the issue of culpability, relatively
to that which relates to the issue of the determination of the penalty;
e) In the event of criminal comparticipation, to each of the defendants, without prejudice
of the provisions of Article 402 (2) 2 a) and c );
f) Within the matter of the determination of the sanction, each of the penalties or
safety measures.
3-A The limitation of recourse to a part of the decision is without prejudice to the duty to withdraw from the
provenance of that the legally imposed consequences on the whole of
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decision resorts.
Article 404.
Subordinate resource
1-In the event of an appeal brought by one of the civil parties, the opposing party may
interacting subordinate resource.
2-The subordinate resource is brought in within 20 days, counted from the date of
notification referred to in the n. the
6 and 7 of Article 411 para.
3-If the first appellant quits the appeal, this shall be without effect or the court does not
take notice of it, the subordinate feature goes without effect.
Article 405.
Claim against dispatching that does not admit or retains the appeal
1-From dispatch that does not admit or retains the appeal, the appellant may claim
for the president of the court to which the appeal is headed.
2-A The complaint is filed in the court clerks resorted within 10 days
Counted from the notification of the order which has not admitted to the appeal or date at
that the appellant has had knowledge of the retention.
3-In the application the claimant exposes the reasons justifying the admission or the
immediate rise of the resource and indicates the elements with which it intends to instruct the
complaint.
4-A The decision of the president of the top court is final when confirming the
dispatch of indeferrous. In the contrary case, it does not bind the court of appeal.
Article 406.
Ascent in the autos and separately
1-Sobem in the autos themselves the interposed appeals of decisions that put an end to the
cause and the ones with those should go up.
2-Separes in separate the resources not referred to in the previous number that should go up
immediately.
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Article 407.
Moment of ascent
1-Sober immediately the resources whose retention would render them absolutely worthless.
2-Also immediately rise the interposed resources:
a) Of decisions that put an end to the cause;
b) From later decisions to those referred to in the preceding paragraph;
c) From decisions that apply or maintain coaction or guarantee measures
patrimonial, pursuant to this Code;
d) Of decisions that convict in the payment of any importancies, in the
terms of this Code;
e) Of dispatch in which the judge does not recognize impediment against you inferred;
f) From dispatch that refuses to the Public Prosecutor's Office legitimacy for the
pursuit of the process;
g) Of dispatch that does not admit to the constitution of assistant or the intervention of
civil part;
h) Of dispatch that dismiss the application for the opening of instruction;
i) Of the instructional decision, without prejudice to the provisions of Article 310;
j) Of dispatch that dismiss application for submission of accused suspected of
mental anomaly to the respective expertise.
3-When they should not go up immediately, resources rise and are instructed and
adjudicated jointly with the interposed appeal of the decision that has put an end to the
cause.
Article 408.
Feature with suspensive effect
1-Have suspensive effect of the process:
a) The interposed appeals of final sentencing decisions, without prejudice to the
provisions of Article 214;
b) The appeal of the pronunciation dispatch, without prejudice to the provisions of Article 310.
2-Suspend the effects of the contested decision:
a) The intersted appeals of decisions that they condemn to the payment of
any importancies, pursuant to this Code, if the appellant deposits the
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its value;
b) The appeal of the dispatch that judging broken the collateral;
c) The dispatch appeal that orders the execution of the arrest, in case of no
compliance with non-custodist punishment of liberty;
d) The dispatching feature that it considers to be without effect, for lack of payment of
rate of justice, the appeal of the final sentencing decision.
3-The resources provided for in paragraph 1 of the preceding Article shall have suspensive effect of the procedure
when they depend on the validity or effectiveness of the subsequent acts, suspending
the decision made use of the remaining cases.
Article 409.
Prohibition of reformatio in pejus
1-Interposed appeal of final decision only by the accused, by the Public Prosecutor's Office,
in the exclusive interest of the one, or the accused and the Public Prosecutor's Office in the
exclusive interest of the former, the top court may not modify, in its
species or measure, the penalties set out in the contested decision, at the expense of
any of the defendants, albeit non-recurring.
2-A The ban set out in the preceding paragraph does not apply to the aggravation of the amount
fixed for each day of fine, if the economic and financial situation of the accused has
however improved in a sensitive way.
CHAPTER II
From the unitary tramway
Article 410.
Fundamentals of the resource
1-Whenever the law does not restrict the cognition of the court or the respective powers thereof, the
resource may have as grounds any questions that you could know about
decision resorts.
2-Even in cases where the law restricts the cognition of the court of appeal to matter
of law, the appeal may have as fundamentals, provided that the addiction results from the text
of the contested decision, by itself or conjugated to the rules of the common experiment:
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a) The insufficiency for the decision of the matter of fact proved;
b) The insansible contradiction of the statement of reasons or between the rationale and the
decision;
c) Notorious error in the appreciation of the proof.
3-The appeal may still have as a foundation, even if the law restricts the cognition of the
court of appeal the matter of law, the non-compliance with a cominate requirement under
penalty of nullity that should not be considered sanitised.
Article 411.
Interposition and notification of the resource
1-The deadline for interposition of the resource is 20 days and counts:
a) As of the notification of the decision;
b) Dealing with sentence, of the respective deposit in the Registry;
c) Dealing with oral decision reproduced in minutes, as of the date on which
has been delivered, if the person concerned is or duty to consider himself
present.
2-The decision appeal handed down in hearing can be interposed by simple
statement in the minutes.
3-The application for the interposition of the resource is always motivated, under penalty of no
admission of the appeal, and the motivation, in the case of an appeal brought by
statement in the minutes, be submitted within 20 days, counted from the date of
interposition.
4-If the appeal is for the purpose of re-examination of the engraved proof, the deadlines
established in the n. the
1 and 3 are high for 30 days.
5-In the application for interposition of appeal the appellant may require that if
conduct hearing, specifying the points of the motivation of the resource you intend to see
debated.
6-The application for interposition or the motivation are notified officiously to the
remaining procedural subjects affected by the appeal, and shall be handed the number
of copies required.
7-The application for an appeal intern which affects the defendants judged in the absence,
or the motivation, prior to the notification of the sentence, are notified to the when
this is notified to you, in accordance with Article 333 (5)
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Article 412.
Motivation of the resource and conclusions
1-A The motivation specifically spells out the fundamentals of the resource and ends by
formulation of conclusions, deduced by articles, in which the appellant summarizes the
reasons for the request.
2-Versation of law, the findings indicate as yet:
a) The violated legal standards;
b) The sense in which, in the appellant's understanding, the court resorted to
interpreted every norm or with which it applied it and the sense in which it should have
been interpreted or with which it should have been applied; and
c) In the event of an error in the determination of the applicable standard, the legal standard which, in the
understanding of the appellant, must be applied.
3-When impugn the decision handed down on matter of fact, the appellant shall
specify:
a) The concrete points of fact that it considers incorrectly judged;
b) The concrete evidence that imposes amusing decision of the defendant;
c) The evidence that must be renewed.
4-When the evidence has been recorded, the specifications laid down in the paragraphs b) and
c) of the preceding paragraph shall be made by reference to the consignment in the minutes, pursuant to the
provisions of Article 364 (2), and the appellant shall state concretely the
passages in which the imputation is founded.
5-Havendo retained resources, the appellant specifies compulsorily, in the conclusions,
which ones that keep interest.
6-In the case provided for in paragraph 4, the court carries out the hearing or visualization of the
indicated and other passages that it considers relevant to the discovery of the
truth and the good decision of the cause.
Article 413.
Answer
1-Procedural subjects affected by the interposition of the resource may respond in the
period of 20 days, counted from the date of the notification referred to in paragraphs 6 and 7 of the article
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411.
2-If the appeal is for the purpose of re-examination of the engraved proof, the deadline set
in the previous number is raised to 30 days.
3-A The answer is notified to the procedural subjects by it affected, and it shall be
delivered the number of copies required.
4-It is correspondingly applicable to the provisions of paragraphs 3 a to 5 of Article 412.
Article 414.
Admission of the resource
1-Received the response of the procedural subjects affected by the interposition of the appeal
or has expired the deadline for the purpose, the judge professes dispatch and, in case of admission,
fixed its effect and ascent regime.
2-The appeal is not admitted when the decision is irrecurrable, when it is interposed
out of time, when the appellant does not have the necessary conditions to appeal
or when to lack the motivation.
3-A decision that admits the appeal or that determines the effect it is on or the regime
of ascent does not bind the top court.
4-If the appeal is not an intersted decision that knows, the final, the object of the
process, the court may, before ordering the shipment of the proceedings to the court
top, sustain or repair that decision.
5-Havendo defendants arrested, must mention such circumstance, with indication of the
date of the deprivation of liberty and the prison establishment where they meet.
6-Subheading the appeal separately, the judge must ascertain whether the same is shown
instructed with all the necessary elements to the good decision of the cause, determining,
where appropriate, the extraction and junction of certificate of the pertinent procedural parts.
7-If the appeal goes up in the autos themselves and there are private defendants of freedom, the
court, before the shipment of the proceedings to the top court, orders the extraction
of a certificate of the procedural parts necessary for its re-examination.
8-Havendo various features of the same decision, of which some versem on matter
in fact and others exclusively on the matter of law, they are all judged
jointly by the competent court to know from the matter of fact.
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Article 415.
Desistance
1-The Public Prosecutor's Office, the accused, the assistant and the civil parties may give up the
inter-post resource, until the time of the process is conclusive to the rapporteur for examination
preliminary.
2-A desistance is made by application or by term in the process and is judged by the
rapporteur
Article 416.
View to the Public Ministry
1-Before it is presented to the rapporteur, the process will go with a view to the Public Prosecutor's Office
together with the court of appeal.
2-If any hearing has been requested pursuant to Rule 411 (5), the view to
Prosecutor's Office is intended only to take notice of the process.
Article 417.
Preliminary examination
1-Colhido the Public Prosecutor's visa the process is conclusive to the rapporteur for examination
preliminary.
2-If, in the view referred to in the previous article, the Public Prosecutor's Office shall not be limited to
apore your visa, the accused and the remaining procedural subjects affected by the
interposition of the resource are notified to, wanting to, respond within 10
days.
3-If the motivation of the resource does not contain conclusions or of these is not possible
deduct fully or partially the particulars provided for in the n. the
2 a to 5 of Article 412, the
rapporteur invites the appellant to submit, supplement or clarify the findings
formulated, within 10 days, under penalty of the appeal being rejected or not to be
known in the affected part.
4-The improvement provided for in the preceding paragraph does not allow to modify the scope of the
feature that has been fixed in the motivation.
5-In the case provided for in paragraph 3, the procedural subjects affected by the interposition of the
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feature are notified of the submission of addition or clarification by the
recurring, and may respond to you within 10 days.
6-After preliminary examination, the rapporteur proffers summary decision whenever:
a) Some circumstance obstinate the knowledge of the resource;
b) The appeal should be rejected;
c) There is an extinguishing cause of the procedure or the criminal liability that
put an end to the process or is the sole reason for the appeal; or
d) The issue to be decided has already been judicially appreciated in a uniform manner and
reiterated.
7-When the appeal cannot be judged by summary decision, the rapporteur decides on the
preliminary examination:
a) The effect that has been attributed to the appeal should be kept;
b) If there is evidence to be renewed and people who should be summoned.
8-It is up to the complaint for the conference of the dispatchers delivered by the rapporteur in the
terms of the n. the
6 and 7.
9-When the resource should be tried in conference, the rapporteur draws up a draft of
judgment within 15 days from the date on which the case is conclusive to us
terms of the n. the
1, 2 or 5.
10-A The claim provided for in paragraph 8 is appreciated jointly with the appeal, when
this should be judged in conference.
Article 418.
Visas
1-Completed the preliminary examination, the process, accompanied by the draft judgment if
for case, it will go on the visa of the President and the Judge-adjunct and then to the conference, at the
first session that takes place.
2-Whenever the nature of the process and the availability of technical means o
allow, copies are taken for the visas to be carried out simultaneously.
Article 419.
Conference
1-At the conference the president of the section, the rapporteur and a judge-adjunct.
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2-A The discussion is directed by the president, who, however, only votes, to unempathize, when
it cannot form a majority with the votes of the rapporteur and the juicer-adjunct.
3-The appeal is judged in conference when:
a) A complaint has been filed with the summary decision provided for in paragraph 6 of the
article 417;
b) The contested decision does not know, the final, of the subject matter of the case, in the terms
of the paragraph a) of Article 97 (1); or
c) No hearing has been required and is not required
carry out the renewal of the evidence pursuant to Art. 430 para.
Article 420.
Rejection of the appeal
1-The resource is rejected whenever:
a) It is manifested in its improvenance;
b) If you check to cause that you should have determined your non-admission on the terms
of Article 414 (2); or
c) The appellant does not present, complete or clarify the conclusions formulated and
that addiction affects the entirety of the appeal, in accordance with Article 417 (3)
2-In the event of a rejection of the appeal, the decision is limited to identifying the court under appeal,
the process and its subjects and to specify summarily the fundamentals of
decision.
3-If the appeal is rejected, the court sentences the appellant, if it is not the Ministry
Public, to the payment of an importance between 3 UC and 10 UC.
Article 421.
Continue of the process
1-If the process is to proceed, it is open to the president of the section, the
which assigns the hearing to one of the following 20 days, determines the persons to
convene and sends complete visas, if any.
2-Are always summoned to the hearing the Public Prosecutor's Office, the defender, the
representatives of the assistant and the civil parties.
3-Except the case of the Public Prosecutor's Office, the notifications are made by post.
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4-It is correspondingly applicable to the provisions of Article 418 (2).
Article 422.
Postponement of the hearing
1-A non-comparison of convening persons only determines the adjournment of the hearing
when the court considers it indispensable to the realization of justice.
2-If the defender does not attend and there is no place the adjournment, the court appoints
new defender. It is correspondingly applicable to the provisions of Article 67 (2).
3-It is not allowed more than a postponement of the hearing.
Article 423.
Hearing
1-After the president has declared open the hearing, the rapporteur introduces the debates with
a summary exhibition on the subject matter of the appeal, in which it spelns out the questions that
the court understands worthy of special examination.
2-The exhibition of the rapporteur follows the renewal of the proof, when it is there.
3-Thereafter, the president gives the floor, for allegations, to the representatives of the
recurring and of the defendant, each for a period not exceeding 30,
extendable in case of special complexity.
4-There is no rejoinder, without prejudice to the granting of the word to the defender, before the
closure of the hearing, for fifteen more minutes, if he has not been the last a
intervene.
5-Are to be subsidised as applicable to the provisions relating to the trial hearing
in 1 th instance.
Article 424.
Deliberation
1-Closed the hearing, the court gathers to deliberate.
2-It is correspondingly applicable to the provisions on deliberation and voting in
judgment, taking into consideration the nature of the issues constituting the object of the
feature.
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3-Where a non-substantial change of the facts described in the
the contested decision or of the respective legal qualification not known to the accused,
this is notified for, wanting to, pronouns on the 10-day deadline.
Article 425.
Judgment
1-Completed the deliberation and voting, is drawn up by the rapporteur or, if the latter has
became overdue, by the juiz-adjunct.
2-admissible declarations of vote are admissible.
3-If it is not possible to immediately disown the judgment, the President publicly fixes the
date, within the following 15 days, for the publication of the decision, after the respective
record in book of memories signed by the judges.
4-It is correspondingly applicable to the judgments given in recourse to the provisions of the
articles 379 and 380, the judgment being still void when it is laundered against the
won, or without the necessary maturity.
5-The absolute rulings set out in Art. 400 (1) (d), which confirm
decision of 1 th instance without any explanation of vote may limit itself to deny
pavement to the appeal, referring to the grounds of the contested decision.
6-The judgment is served on the appellants, the appellants and the Public Prosecutor's Office.
7-The time limit for the appeal interposition is due to the notification of the judgment.
Article 426.
Referral of the case for retrial
1-Where, by the time there are the vices referred to in Article 410 (2) (2),
it is not possible to decide the cause, the court of appeal determines the referral of the
process for retrial in respect of the whole of the subject matter or
to issues concretely identified in the order for reference.
2-The resubmission decreed by the Supreme Court of Justice, in the context of appeal
inter-rank, in 2 th instance, of judgment of the relationship is made for this court, which
admits the renewal of the proof or ressends the process for retrial in 1 th
instance.
3-In the event that there are related proceedings, the higher court makes a cease and
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orders the separation of some or some of them for the purposes of retrial
when the vice referred to in the preceding paragraph only relapt on them.
Article 426-The
Competence for the new trial
1-When the referral of the case is enacted, the new trial competes with the court
which has carried out the previous judgment, without prejudice to the provisions of Article 40,
or, in the event that it is not possible, to the court to find itself closest, to
category and composition identical to those of the court that delivered the contested decision.
2-When in the same comarch there are more than two courts of the same category and
composition, the trial competes in the court that results from the distribution.
CHAPTER III
Of the appeal in the face of relations
Article 427.
Resource for the relationship
Excepted cases in which there is direct appeal to the Supreme Court of Justice, the
appeal of the decision handed down by court of 1. th instance interposes for the relationship.
Article 428.
Powers of cognition
Relations know de facto and in law.
Article 429.
Composition of the court at hearing
1-At the hearing they intervene the president of the section, the rapporteur and a judge-adjunct.
2-Whenever possible, they remain for the hearing judges who have intervenor in the
conference.
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Article 430.
Renewal of the proof
1-When you should know de facto and law, the relationship admits to the renewal of proof
if you check the vices referred to in Article 410 (2) (410) and there are
reasons to believe that that will allow you to avoid referral of the proceedings.
2-A The decision to admit or refuse the renewal of the proof is final and fixed the terms
and the extent with which the evidence produced in 1 th instance can be renewed.
3-A The renewal of the proof takes place at a hearing.
4-The accused is always summoned to the hearing, but, if it has been regularly
summoned, his foul does not give way to adjournment, unless a court decision in
contrary.
5-It is correspondingly applicable to the precept as to the discussion and judgment in
1. instance.
Article 431.
Modifiability of the contested decision
Without prejudice to the provisions of Article 410, the decision of the court of 1ª instance on
matter of fact can be modified:
a) If the process constares all the evidence that has served it to
basis;
b) If the evidence has been impugned in accordance with Article 412 (3); or
c) If there has been renewal of the proof.
CHAPTER IV
Of the appeal before the High Court of Justice
Article 432.
Appeal to the Supreme Court of Justice
1-Cut yourself to the Supreme Court of Justice:
a) Of decisions of the relations rendered in 1 th instance;
b) Of decisions that are not irrecourse rendered by the relations, in appeal,
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pursuant to Art. 400;
c) Of final judgments delivered by the court of the jury or the collective court
which apply for imprisonment of more than five years, exclusively targeting the
a review of law matters;
d) From interlocutterdecisions that should go up with the resources referred to in the
previous points.
2-In cases of the c) of the preceding paragraph shall not be admissible prior to the
Relation, without prejudice to the provisions of Article 414 (8)
Article 433.
Other cases of appeal
Re-avails yourself to the Supreme Court in other cases that the law
especially predict.
Article 434.
Powers of cognition
Without prejudice to the provisions of Article 410, para. 2 and 3, the Interposed Appeal for the
Supreme Court of Justice exclusively aims at the review of law matters.
Article 435.
Hearing
At the hearing the court is made up of the chairman of the section, the rapporteur and a
juiz-adjunct.
Article 436.
Change in the composition of the court
Not being possible to participate in the hearing of the judges who intervened in the
conference, are called other judges, designating new rapporteur or completing themselves
the visas.
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Title II
From extraordinary resources
CHAPTER I
From jurisprudence fixation
Article 437.
Foundation of the appeal
1-When, in the area of the same legislation, the Supreme Court of Justice will provide
two judgments that, in relation to the same issue of law, assented in solutions
opposites, it is up to appeal, to the full of the criminal sections, of the judgment handed down in
last place.
2-It is also permissible to appeal, in the terms of the preceding paragraph, when a court
of the relation delivered judgment that is in opposition with another, of the same or of
different relationship, or of the Supreme Court of Justice, and of it shall not be admissible
ordinary appeal, unless the guidance perched on that judgment is in agreement
with the jurisprudence already set by the Supreme Court of Justice.
3-judgments are deemed to be given in the field of the same legislation when,
during the interval of its prowess, no legislative modification has occurred that
interfering, directly or indirectly, in the resolution of the contested law issue.
4-As the foundation of the appeal can only invoke previous judgment carried over in
judged.
5-The appeal provided for in paragraphs 1 and 2 may be brought by the defendant, by the assistant or
by the civil parties and is mandatory for the Public Prosecutor's Office.
Article 438.
Interposition and effect
1-The appeal for jurisprudence fixation is brought in within 30 days of counting
of the traffic on trial of the judgment handed down in last place.
2-In the application for the interposition of the appellant the appellant identifies the judgment with the
what the judgment under appeal finds itself in opposition and, if this is published, the
place of publication and justifies the opposition that originates the conflict of jurisprudence.
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3-The appeal for fixation of jurisprudence has no suspensive effect.
Article 439.
Acts of secretarship
1-Interposed the appeal, the office would provide the procedure to the procedural subjects
interested in the response effect within 10 days and passes certificate of judgment
resorted by certifying narratively the date of submission of the application for
interposition and notification or deposit of the judgment.
2-The resource interposition application and the response are autufied with the certificate,
and the process thus formed is present to the distribution or, if the resource has been
interpost of judgment of the relationship, sent to the Supreme Court of Justice.
3-In the process donde has been lodged the appeal becomes certify of the application for
interposition and dispatch that admitted to the feature.
Article 440.
View and preliminary examination
1-Received in the Supreme Court of Justice, the process goes with a view to the Ministry
Public, for 10 days, and is then conclusive to the rapporteur, for 10 days, for examination
preliminary.
2-The rapporteur may determine that the appellant joins certificate of the judgment with which the
resorted to finds itself in opposition.
3-In the preliminary examination the rapporteur verifies the admissibility and the regime of the appeal and the
existence of opposition among the judgements.
4-Carried Out the examination, the process is remitted, with draft judgment, to the visas of the
president and the judge-adjoined, for 10 days, and then the conference, in the first
session that takes place.
5-It is correspondingly applicable to the provisions of Article 418 (2).
Article 441.
Conference
1-If grounds for inadmissibility occur or the court concludes by the non-opposition of
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adjudicated, the appeal is rejected; if it concludes by the opposition, the appeal proceeds.
2-If, however, the opposition of judgements has already been recognized, the terms of the appeal
are suspended until the trial of the appeal in which it is first concluded by the
opposition.
3-It is correspondingly applicable to the provisions of Article 419, n. paragraphs 1 and 2.
Article 442.
Preparation of the trial
1-If the appeal continues, interested procedural subjects are notified to
submit, in writing, within 15 days, their allegations.
2-In the allegations the stakeholders formulate conclusions in which they indicate the meaning in
which should set the case law.
3-Joined the allegations, or expired the deadline for your submission, the process is
conclusive to the rapporteur, for 30 days, and then remitted, with a draft judgment, to be seen
simultaneous of the remaining judges, for 10 days.
4-Sgots the deadline for visas, the President of the Supreme Court of Justice sends
enroll the process in table.
Article 443.
Judgment
1-The trial is made, at conference, by the full of the criminal sections.
2-A The conference is chaired by the President of the Supreme Court of Justice, which
drives the works and empties when it cannot form a majority.
3-It is correspondingly applicable to the provisions of Article 409, even if the appeal
has been interposed by the Public Prosecutor's Office or by the assistant, save when
any of these has resorted, in disfavour of the accused, in the process in which it was
have delivered the judgment under appeal.
Article 444.
Publication of the judgment
1-The judgment is immediately published in the 1 th series of the Journal of the Republic and sent,
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by certificate, to the courts of relation for registration in a book of their own.
2-The President of the Supreme Court of Justice referred to the Ministry of Justice copy
of the judgment accompanied by the public prosecutor's allegations.
Article 445.
Effectiveness of the decision
1-Without prejudice to the provisions of Article 443 (3), the decision to resolve the conflict has
effectiveness in the process in which the appeal has been interposed and in the processes whose tramway
has been suspended pursuant to Art. 441 (2).
2-The Supreme Court of Justice, as the cases, reviews the contested decision or
ressends the process.
3-A The decision that resolves the conflict does not constitute binding jurisprudence for the
judicial tribunals, but these must substantiate the disagreements concerning the
case law fixed in that decision.
Article 446.
Decision appeal handed down against case-law fixed by the Supreme Court of
Justice
1-It is admissible direct appeal to the Supreme Court of Justice, of any
decision handed down against jurisprudence by it fixed, to be interdue within 30 days
relying on the traffic on trial of the contested decision, being correspondingly
applicable to the provisions of this Chapter.
2-The appeal may be brought by the accused, by the assistant or by the civil parties and is
mandatory for the Public Prosecutor's Office.
3-The Supreme Court of Justice may limit itself to apply the fixed case law,
only owing to its re-examination if it is understood that it is outdated.
Article 447.
Resources in the interest of the unit of law
1-The Attorney General of the Republic may determine that it is appeasable to
fixation of the jurisprudence of decision carried forward on trial more than 30 days ago.
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2-Whenever it has reason to believe that a fixed case law is outdated, the
Attorney General of the Republic may appeal the judgment that has firmed up that
case law in the sense of its re-examination. In the allegations the Attorney-General of the
Republic indicates soon the reasons and the sense in which jurisprudence previously
fixed must be modified.
3-In the cases provided for in the preceding paragraphs the decision that resols the conflict does not
it has effectiveness in the process in which the resource has been brought into an interpost.
Article 448.
Subsidiary provisions
The resources provided for in this Chapter shall apply as a subsidiary to the provisions
that regulate the ordinary resources.
CHAPTER II
From the review
Article 449.
Fundamentals and admissibility of the review
1-A The sentence review carried forward on trial is admissible when:
a) One other sentence carried forward on trial has considered false means of
proof that they have been determinants for the decision;
b) One other sentence carried forward on trial has given as proven crime
committed by judge or juror and related to the exercise of its function in the
process;
c) The facts that serve as a basis for the conviction are irreconcilable with
the data as proven in another sentence and from the opposition result severe
doubts about the fairness of the conviction;
d) If you discover new facts or means of proof that, of per se or combined
with those who have been appreciated in the process, whisper serious doubts about the
justice of the conviction;
e) If you find that you have served on the grounds of the conviction prohibited evidence in the
terms of the n. the
1 a to 3 of Article 126;
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f) Be declared, by the Constitutional Court, the unconstitutionality with
mandatory general strength of content standard less favorable to the accused who
has served as a foundation of the conviction;
g) A binding sentence of the Portuguese state, delivered by an instance
international, is irreconcilable with the conviction or raise grave doubts
about your justice.
2-For the effect of the provisions of the preceding paragraph, the sentence shall be equated dispatching that
has put an end to the process.
3-On the grounds of point d) of paragraph 1, shall not be admissible review with the sole purpose of
correct the concrete measure of the sanction applied.
4-A review is admissible even if the procedure finds itself extinct or the penalty
prescribed or abiding.
Article 450.
Legitimacy
1-Have legitimacy to apply for the review:
a) The Public Ministry;
b) The assistant, in respect of absolute sentences or dispatches of no
pronunciation;
c) The convict or his defender, regarding sentencing sentencing.
2-Have even legitimacy to apply for the review and to continue, when the
doomed to have passed away, the spouse, the descendants, adopted, ascending,
adopters, relatives or related to the 4. degree of the collateral line, the heirs that
show a legitimate interest or who of the convict has received incumbency
express.
Article 451.
Formulation of the application
1-The application to be asked for the review is filed in the court where it has delivered a
sentence that must be reviewed.
2-The application is always motivated and contains the indication of the means of proof.
3-Are together to the requirement the certificate of the decision that you are asked for review and your
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transit on trial, as well as the documents required for the instruction of the application.
Article 452.
Tramway
The review is processed by apenso to the autos where the decision to review has been delivered.
Article 453.
Production of proof
1-If the foundation of the review is the one provided for in Article 449 (1) (d), the judge
proceeds to the representations that it considers indispensable for the discovery of the truth,
sending you documenting, by reduction in writing or by any means of reproduction
integral, the statements provided.
2-The applicant may not indicate witnesses who have not been heard in the
process, other than by justifying that it ignored its existence at the time of the decision
or that they have been unable to depose.
Article 454.
Information and referral of the process
Within eight days after the deadline has expired or have been completed
the representations, when they take place, the judge refers the case to the Supreme
Court of Justice accompanied by information on the merit of the application.
Article 455.
Tramway in the Supreme Court of Justice
1-Received in the Supreme Court of Justice, the process goes with a view to the Ministry
Public, for 10 days, and is then conclusive to the rapporteur, by the 15-day deadline.
2-With draft judgment, the process will then go on the visa of the judges of the sections
criminals, for 10 days.
3-A The decision authorising or denigrating the review is taken at conference by the sections
criminals.
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4-If the court understands that it is necessary to proceed to any due diligence, it orders it,
indicating the judge that she must preside over.
5-Realized due diligence, the court deliberates without a need for new visas.
6-It is correspondingly applicable to the provisions of Articles 418 (2), and 435.
Article 456.
Denial of the review
If the Supreme Court of Justice denies the review sought by the assistant, by the
doomed or by any of the persons referred to in Article 450 (2), condemns the
applicant at expense and still, if it considers that the application was manifestly unfounded,
in the payment of an amount between 6 UC to 30 UC.
Article 457.
Authorization of the review
1-If the review is allowed, the Supreme Court of Justice resends the case to the
court of category and composition identical to those of the court that delivered the decision to
review and to find yourself closer.
2-If the convict finds himself to serve jail time or security measure of
internment, the Supreme Court of Justice decides, depending on the seriousness of the
doubt about the conviction, if the execution should be suspended.
3-If you order the suspension of the execution or if the convict has not yet started the
compliance with the sanction, the High Court of Justice decides whether to the convict
a legally permissible coaction measure should be applied in the case.
Article 458.
Cancellation of irreconcilable sentences
1-If the review is authorized on the grounds of Art. 449 (1) c ), by
there are irreconcilable criminal sentences that have condemned miscelings by the
same facts, the Supreme Court of Justice annuates the sentences and determines that if
proceed to joint judgment of all the defendants, indicating the court that,
According to the law, it is competent.
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2-For the purposes of the provisions of the preceding paragraph, the processes are apensos, following
the terms of the review.
3-A The cancellation of the sentences does cease the implementation of the sanctions implemented in them, but the
Supreme Court of Justice decides whether convicts should be applied for
of legally admissible coaction in the case.
Article 459.
Means of evidence and urgent acts
1-Download the process, the judge sends a view to the Public Prosecutor's Office to indicate means
of proof and, to the same end, orders the notification of the accused and the assistant.
2-Thereafter, the judge shall practise the necessary urgent acts, pursuant to the article
320., and orders the realization of the required representations and the remaining ones to consider
necessary for the clarification of the cause.
Article 460.
New trial
1-Practicated the acts referred to in the previous article, is designated day for
trial, observing themselves in all the terms of the respective process.
2-If the review has been authorized on the grounds of Article 449 (1), para. a)
or b ), they may not intervene in the trial persons convicted or charged by the
Prosecutor's Office for facts that have been determinant for the decision to be reviewed.
Article 461.
Absolute sentence in the review judgment
1-If the revised decision has been sentencing and the review court acquits the
argued, that decision is annulled, locked up the respective record and the accused
restituted to the legal situation prior to the conviction.
2-A sentence that absolver the accused in the review court is affixed by certificate to the
door of the court of the comarch of his last residence and at the door of the court that has
delivered the conviction and published in three consecutive newspaper numbers of the headquarters
of this last court or of the nearest locality, if in that there are no newspapers.
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Article 462.
Compensation
1-In the case referred to in the previous article, the sentence assigns to the accused compensation for the
damage suffered and sends you restitution of the amounts relating to costs and fines that you have
supported.
2-A compensation is paid for by the state, by staying this sub-rogate in the right of the accused
against those responsible for facts that have determined the revised decision.
3-A application by the applicant, or when it does not dispose of bastant elements to fix the
compensation, the court relegates the settlement for execution of sentence.
Article 463.
Sentencing judgment in the judgment of review
1-If the court of review concludes by the conviction of the accused, apply it to the penalty
to consider cabling to the case, discontesting it to which it has already complied.
2-It is correspondingly applicable to the provisions of Article 409.
3-If the revised decision has been absolute, but in the judgment of revision the sentence is
condensation:
a) The accused that there is received compensation is sentenced to restitution; and
b) To the assistant are restituted the costs that there is paid.
Article 464.
Review of dispatch
In cases where the dispatch review has been admitted that has put an end to the proceedings,
in accordance with Article 449 (2), the Supreme Court of Justice, if it grants review,
declares without effect the dispatch and orders the process to proceed.
Article 465.
Legitimacy for new review request
Having been denied review or held the revised decision, there can be no new review
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with the same foundation.
Article 466.
Priority of judicial acts
When the convict in favor of whom the review was sought to be found arrested or
internship, the judicial acts that are due to practise-prefer to any other service.
BOOK X
Of the executions
Title I
General provisions
Article 467.
Decisions with executive force
1-The sentencing criminal rulings carried forward on trial have executive force in
all the Portuguese territory or under Portuguese administration and still in territory
foreign, as per treaties, conventions and rules of international law.
2-Absolute criminal decisions are enforceable as soon as they have been rendered, without prejudice to the
provisions of Article 214 (3).
Article 468.
Unenforceable decisions
It is not enforceable criminal decision that:
a) Not to determine the penalty or the security measure applied or to apply penalty
or non-existing measure in Portuguese law;
b) It is not reduced to writing; or
c) By dealing with foreign criminal sentence, it has not been reviewed and confirmed
in cases where this is legally required.
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Article 469.
Promotion of execution
It is incumbent on the Prosecutor's Office to promote the execution of the penalties and measures of
safety and, as well, the execution for expense, compensation and more amounts due
to the State or to persons who will be entrusted to represent it judicially.
Article 470.
Court competent for the execution
1-A The execution runs on the autos themselves before the president of the court of 1 th instance
where the process has gone.
2-If the cause has been adjudicated in 1 th instance by the relationship or by the Supreme Court
of Justice or if the decision has been reviewed and confirmed, the execution runs in the
comarch of the domicile of the convict, save if this is judicial magistrate or the
Prosecutor's Office there in office, in which case the execution runs in the court more
next.
Article 471.
Supervenient knowledge of the contest
1-For the purpose of the provisions of Article 78, paragraphs 1 and 2, of the Criminal Code is competent,
as per cases, the collective court or the singular court. Is
correspondingly applicable Article 14, paragraph 2, para. b ).
2-Without prejudice to the provisions of the preceding paragraph, it is territorially competent the
court of the last conviction.
Article 472.
Tramway
1-To the effect of the provisions of Article 78 (2) of the Criminal Code, the court designates
day for the realization of the hearing by ordering, officiously or the application, the
moves that are required to make it necessary for the decision.
2-It is mandatory for the presence of the defender and the Public Prosecutor's Office, whom they are
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granted fifteen minutes for final allegations. The court determines the cases in
that the defendants must be present.
Article 473.
Suspension of execution
1-As soon as it is delivered dispatch of pronunciation or that designates the day for trial
of magistrate, juror, witness, expert or bail-out officer for facts that
may have determined the conviction of the defendants, the Attorney General of the Republic
may apply to the High Court of Justice to suspend the execution of the sentence
until it was decided the process, by joining the supporting documents.
2-The Supreme Court of Justice decides, in full of the criminal sections, if the
execution of the sentence must be suspended and, if so, whether to apply
coerual or legally admissible equity measure in the case.
3-It is correspondingly applicable to the judgment the provisions of Article 455.
Article 474.
Competence for incidental matters
1-It is up to the competent court for the implementation to decide the matters concerning the
execution of the penalties and security measures and the extinction of liability,
as well as to the extension, payment in instalments or replacement for work of the
penalty of fine and to the fulfilment of the subsidiary prison.
2-A The application of amnesty and other leniency measures provided for in the law competes
to the court referred to in the preceding paragraph or to the court of appeal or enforcement of the
feathers where the process is found.
Article 475.
Extinction of execution
The court competent for the execution declares extinct the penalty or the safety measure,
notifying the beneficiary with copy delivery and being the case of this by referring copies
for prison services, social reinsertion services and other institutions that
determine.
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Article 476.
Contumacy
To the convict who dolly if he has eximed, wholly or partially, to the execution of
a prison sentence or an internship measure is correspondingly applicable
the provisions of articles 335, 336 and 337, with the following modifications:
a) The editions and advertisements contain, in place of the indication of the crime and the
legal provisions that punish it, the indication of the sentencing and the
penalty or safety measure to be carried out;
b) The dispatch of affidavit from the contumacy and the decrement of the arrest are from the
Jurisdiction of the court referred to in Article 470 or the Court of Enforcement
of the Penas.
Title II
From the execution of the prison sentence
CHAPTER I
From prison
Article 477.
Communication of the sentence to various entities
1-The Public Prosecutor's Office sends to the Court of Enforcement of the Penas and the services
prisals and social reinsertion, within five days after the transit on trial,
copy of the sentence that applies deprivative sentence of liberty.
2-In cases of admissibility of probation the Public Prosecutor's Office indicates
the dates calculated for the effects set out in Articles 61, 62 and 90, paragraph 1, of the
Criminal Code, and should further communicate future changes that if
check in the execution of the prison.
3-Treating the relatively undetermined penalty, the Public Prosecutor's Office further indicates
the calculated date for the purpose provided for in Article 90 (3) of the Criminal Code.
4-In case of appeal of the decision that applies deprivative sentence of liberty and the accused
find yourself deprived of freedom, the Public Prosecutor's Office sends to prison services
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copy of the decision, with the indication that it has been apperedacted.
Article 478.
Entry into the prison establishment
Convicts in prison sentence give entry to the prison establishment by
warrant from the competent judge.
Article 479.
Count of jail time
1-In the time count of imprisonment, the years, months and days are computed by the
following criteria:
a) The prison fixed in years ends on the corresponding day, within the last year,
at the beginning of the counting and, if there is no corresponding day, on the last day of the
month;
b) The jail fixed in months is counted considering each month a period that
ends on the corresponding day of the following month or, not the case, in the latter
day of the month;
c) The jail fixed on days is counted considering each day a period of
twenty-four hours, without prejudice to the one in Article 481, has the
moment of liberation.
2-When the arrest is not fulfilled continuously, the day found according to the
criteria of the previous number add the time corresponding to the interruptions.
Article 480.
Warrant for release
1-Inmates are released on a warrant from the judge, in the end of the fulfilment of the penalty of
prison or for the beginning of the probation period.
2-In case of urgency the release may be ordered by any means of
duly authenticated communication, further remitted the respective
warrant.
3-When to consider that the release of the inmate may create danger to the offending, the
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court informs him of the date on which the release will take place.
Article 481.
Moment of release
1-A The release takes place during the morning of the last day of the performance of the feather.
2-If the last day of the fulfilment of the penalty is Saturday, Sunday or a holiday, the
release may take place on the immediately preceding business day, if the duration of the penalty
justify and to do so if they do not object to reasons of assistance.
3-When the reasons referred to in the preceding paragraph allow it and the national holiday is
o December 25, the release may take place during the morning of day 23.
4-The time of release can be anticipated from two days, when pressing reasons
of social reinsertion justifying it.
5-The provisions of the preceding paragraphs shall not apply to imprisonment in a regime of
semideation nor to the subsidiary imprisonment of the fine, when it has no higher duration
to 15 days.
6-Compete to the director of the prison establishment choose the moment of release,
within the limits set out in the preceding paragraphs.
Article 482.
Communications
1-Directors of the prison facilities communicate to the Public Prosecutor's Office
to the court competent for execution of the penalty the demise of the inmates, their
leak, any suspension or interruption or cause of your modification, replacement
or full or partial extinction, as well as release, being the communications together
to the process.
2-The Public Prosecutor communicates the escape from the inmate to the court that, if it considers that
of it may result in danger to the offending, the informs of the occurrence.
Article 483.
Posterior psychic anomaly
1-If during the execution of the sentence survives the agent a psychic anomaly, with the
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effects provided for in Articles 105 (1), and 106 (1) of the Criminal Code, the court
of execution of the feathers orders:
a) Psychiatric expertise or on the personality of the convict, owing the
their respective report will be presented to you within 30 days;
b) Report of reinsertion services containing analysis of the framework
family and professional of the convict;
c) Officiously or at the request of the Public Prosecutor's Office, the convict or the
defender, the representations that afflicted with interest for the decision.
2-A The decision is preceded by hearing from the Public Prosecutor's Office, the defender and the
doomed, only the presence of this being dispensed if its state of health
render the hearing useless or unviable.
CHAPTER II
Of parole
Article 484.
Start of the parole process
1-Up to two months before the permissible date for the conditional release of the convict
or for the purposes of granting the period of adjustment to probation in
Regime of permanence in housing, with supervision by technical means of
distance control, prison services refer to the court of execution of the
feathers:
a) Report of the prison technical services on the execution of the penalty and the
prison behavior of the reclusive;
b) Reasoned opinion on the granting of probation, drawn up
by the director of establishment.
2-Up to four months before the permissible date for the conditional release of the
doomed or for the purposes of granting the period of adjustment to freedom
probation in regime of stay in housing, with supervision by means
distance control technicians, the court of execution of the penalties requests the
social reinsertion services:
a) Individual readaptation plan;
b) Social report containing an analysis of the effects of the penalty; or
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c) Social report containing other elements with an interest for the decision on
the probation or the granting of the period of adjustment to freedom
probation.
3-The application for the drafting of individual readaptation plan is mandatory for:
a) The decision on the process of granting the period of adjustment to freedom
probation;
b) The decision on the granting of probation with proof-of-procedure;
c) The cases of special complexity.
4-Officially or the application of the prosecutor's office or the convict, the court
requests any other reports, documents or representations that are afflicted with
interest for the decision on parole.
Article 485.
Decision
1-Up to 10 days before the permissible date for conditional release, the Ministry
Public issues, in the autos themselves, appear on the concession.
2-Before utching dispatch on the granting of probation, the court of
execution of the penalties hears the convict, namely to get his
consent.
3-The dispatch that defer parole or defer the adaptation to freedom
probation, in addition to describing the fundamentals of its grant, specifies the
respective period of duration and the rules of conduct or other obligations to which it is
subordinate the beneficiary, being this of him notified and receiving copy before
released.
4-The dispatch denying parole or denying the adaptation to freedom
probation is notified to the reclusive.
5-From dispatching on probation or adaptation to probation is
remitted copy, by the most expeted means of communication, to the services
prisals, social reinsertion services and other institutions that the court
determine.
6-The dispatch that denies parole is likely to appeal.
7-It is correspondingly applicable to the provisions of Article 495 (1).
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Article 486.
Renewal of the instance
1-When probation is revoked and the arrest there is still to be continued
for more than one year, new reports are remitted and opinion in the terms of the article
484., up to two months before the period of which the concession depends.
2-The dispatch that revoke parole or the adaptation to freedom
probation is notified to the reclusive.
3-From dispatching that revoke parole or adaptation to freedom
probation is remitted copy to the director of the establishment and the services of
social reinsertion.
4-The dispatch that revoke the probation is likely to appeal.
CHAPTER III
From execution of prison for free days and in a regime of semideation or permanence
in the housing
Article 487.
Content of the decision and commencement of compliance
1-A Decision to set the prison's compliance for free days, in regime of
sowing or staying in the dwelling, with supervision by technical means
of remote control, specifies the elements necessary for its implementation,
indicating the date of the beginning of this.
2-The court immediately sends to the prison and social reinsertion services copy
of the sentence referred to in the preceding paragraph, and shall:
a) The prison services communicate to the court, in the 10 immediate days, the
establishment in which the penalty is to be complied with, indicating it so as to
facilitate the displacement of the convict;
b) The social reinsertion services communicate to the court, in the 48 hours
immediate, the installation of the technical means of remote control.
3-The court hands down the convicted copy of the sentencing decision and guide to
presentation at the prison establishment where the penalty should be served.
4-The start of imprisonment for free days or in a semideation scheme may be postponed,
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upon authorization by the court, for as long as it seems reasonable, but never
surplus to three months, for reasons of health of the convict or his life
professional or family.
Article 488.
Execution, falters and term of compliance
1-The ins and outs in the prison establishment are annotated in process
individual of the convict.
2-Are neither past warrants for driving nor release.
3-The outlines of entry in the prison establishment of harmony with the sentence are
immediately communicated to the court. If the court, after hearing the
doomed and to proceed to the necessary representations, do not consider the lack
justified, passes the prison to be fulfilled in continuous regime for as long as it is lacking,
passing on, to the effect, capturing warrants.
4-The late presentations, with unsurplus delay to three hours, may be
considered justified by the director of the prison establishment, after
heard the convict.
5-A implementation of the adaptation to probation in regime of permanence in the
housing, with supervision by technical means of remote control, is carried out
on the terms provided for in the law.
Title III
From the execution of the non-custodial sentences of freedom
CHAPTER I
From the execution of the penalty of fine
Article 489.
Deadline for payment
1-A fine is paid after the traffic on trial of the decision which imposed it and by the
quantitative on this fixed, and may not be increased from any additional.
2-The payment term is 15 days from the notification for the purpose.
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3-The provisions of the preceding paragraph shall not apply in the case that the payment of the fine has
been deferred or authorized by the system of benefits.
Article 490.
Replacement of the fine for days of work
1-The application for replacement of the fine for days of work is presented in the
deadline provided for in paragraphs 2 and 3 of the preceding Article, and the convict shall state the
professional and literary habilitations, the professional and family situation and time
available, as well as, if possible, mention some institution in which you intend to
provide work.
2-The court may request supplementary information to the reinsertion services
social, particularly on the place and time of work and pay.
3-A The replacement decision indicates the number of hours of work and is communicated to the
sentenced, to social reinsertion services and to the entity to whom the work should be
provided.
4-In case of no replacement of the fine for days of work, the payment term is
of 15 days from the notification of the decision.
Article 491.
Non-payment of the fine
1-Fishing the time limit for payment of the fine or some of its benefits without the
payment is carried out, proceeds to the patrimonial execution.
2-Having the convict sufficient and disembarkated goods that the court has
knowledge or that it indicates at the time of payment, the Public Prosecutor's Office
promotes soon the execution, which follows the terms of the execution for the expense.
3-A The decision on the suspension of the execution of the subsidiary prison is preceded by
opinion from the Public Prosecutor's Office, when the latter has not been the applicant.
CHAPTER II
From the execution of the suspended sentence
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Article 492.
Modification of duties, rules of conduct and other obligations imposed
1-A modification of the duties, rules of conduct and other obligations imposed on the
doomed in the sentence that has enacted the suspension of the execution of the prison is
decided by dispatch, after collected evidence of the relevant circumstances
supervenients or that the court only subsequently has had knowledge of.
2-The dispatch is preceded by the opinion of the Public Prosecutor's Office and the hearing of the
doomed, and still from the social reinsertion services in the event that the suspension was
accompanied by proof regime.
Article 493.
Periodic presentation and subjection to medical treatment or cure
1-Being given periodic presentation before the court, the presentations are
annotated in the process.
2-If it is given presentation before another entity, the court makes this a
necessary communication, and the entity concerned shall inform the court about the
regularity of presentations and, being the case, of non-compliance by part
of the convict, with an indication of the reasons that are of his knowledge.
3-A subjection of the convict to medical treatment or cure in appropriate institution
during the period of the suspension is executed upon warrant issued, for the
effect, by the court.
4-The responsible for the institution informs the court of the evolution and term of the
treatment or cure, and may suggest measures that they deem appropriate to the success of the
same.
Article 494.
Individual social readaptation plan
1-A The decision that suspending the execution of the arrest with proof regime shall contain the
individual social readaptation plan that the court requests for the services of
social reinsertion.
2-A Decision, once carried out on trial, is communicated to the reinsertion services
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social.
3-When the decision does not contain the readaptation plan or this should be completed,
social reinsertion services proceed to their elaboration or reelaboration, heard
the convict, within 30 days, and submit it to the homologation of the court.
Article 495.
Lack of compliance with the conditions of suspension
1-Any authorities and services to which support for the convict is sought in the
compliance with duties, rules of conduct or other obligations imposed
communicate to the court the lack of compliance, by the one, of these duties, rules of
conduct or obligations, for the purposes of the provisions of Articles 51 (3), 52 (3),
55. and 56 of the Criminal Code.
2-The court decides by order, after collected the evidence, obtained opinion from the
Prosecutor's Office and heard the convict in the presence of the coach he supports and
supervises compliance with the conditions of the suspension.
3-A conviction for the practice of any crime committed during the period of
suspension is immediately communicated to the competent court for the execution,
sendohim remnant copy of the sentencing decision.
4-For the purposes of the provisions of paragraph 1, the decision to enact the imposition of duties,
rules of conduct or other obligations is communicated to the authorities and services there
referred to.
CHAPTER III
From the implementation of the provision of work in favour of the community and the admonestation
Article 496.
Provision of work in favour of the community
1-If the court decides to apply the provision of work in favour of the community requests
to the social reinsertion services the elaboration of an execution plan.
2-The social reinsertion services draw up the implementation plan within 30 days.
3-Transition on trial, the conviction is communicated to the social reinsertion services
and to the entity to whom the work is to be provided, and those should proceed to
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placement of the convict at the job at the maximum of three months.
Article 497.
Admoestation
1-A admoestation is delivered after transit on trial of the decision to be applied.
2-A admonishing is prowound immediately if the Public Prosecutor's Office, the accused and the
assistant declares for the minutes to waive the appeal interposition.
3-The court performs the admonestation in such a way that this one does not confuse with the
Address referred to in Article 375 (2).
Article 498.
Provisional suspension, revocation, extinction, replacement and modification of the execution
1-The court may request information from the social reinsertion services for the purpose
of the provisions of Article 59 (1) of the Criminal Code.
2-Finda the provision of work, or whenever in the course of your course
serious anomalies, the social reinsertion services send the court the report
respective.
3-To provisional suspension, revocation, extinction and replacement is correspondingly
applicable the provisions of Article 495 (2) and 3.
4-Whenever there are any circumstances or anomalies that may warrant
changes to the concrete modality of the provision of work, the reinsertion services
social communicates these facts to the court, providing you, since soon, whenever
possible, the indicators necessary for the modification of the provision of work.
5-In the case provided for in the preceding paragraph, the court may dispense with the collection of proof and
the hearing of the convict who has expressed adherence to the modification indicated by the
social reinsertion services, immediately deciding by dispatching, after
listened to the prosecutor's office.
CHAPTER IV
From the execution of ancillary feathers
351
Article 499.
Decision and tramits
1-A Decision to enact the prohibition or suspension of exercise of public function is
communicated to the leader of the service or body of which the convict depends.
2-A Decision to enact the prohibition or suspension of exercise of profession or
activity that depends on a public title or authorisation or homologation of
public authority is communicated, as the cases, to the professional body in
that the convict is registered or to the competent authority for the authorisation or
homologation.
3-The court can enact the seizure, for the time it lasts the ban, of the
documents that title the profession or activity.
4-A The electoral disability is communicated to the electoral census commission in
that the convict find himself enrolled or duty to make the inscription.
5-A The inability to exercise parental power, guardian, the curatelle, the administration of
goods or to be sworn in is communicated to the conservatory of the civil registry where it is
lavrado the birth registration of the convict.
6-In addition to the provisions of the preceding paragraphs, the court orders the arrangements
necessary for the execution of the incidental penalty.
Article 500.
Prohibition of driving
1-A The decision to enact the ban on driving motorised vehicles is communicated
to the Directorate General of Viation.
2-Within 10 days of the transit on trial of the sentence, the convict
delivery at the court's office, or in any police post, that referred it to that,
the driving license, if the same is not already apprehended in the process.
3-If the convict in the prohibition of driving motorized vehicles does not proceed from
agreement with the provisions of the preceding paragraph, the court orders the seizure of the permit
of driving.
4-A driving license gets retained in the court's office for the period of time
that last the ban. Such period shall elapse the licence is returned to the holder.
5-The provisions of paragraphs 2 and 3 shall apply to the driving licence issued in country
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foreign.
6-In the case provided for in the preceding paragraph, the court office shall send the licence to the
Directorate General of Viation, in order to be noted the ban. If it is not feasible to
apprehension, the secretarial, through the Directorate General of Viation, communicates the
decision to the competent body of the country which has issued the licence.
Title IV
From the implementation of the security measures
CHAPTER I
Implementation of the custodial security measures of freedom
Article 501.
Decisions on internment
1-A The decision that decrees the internment specifies the type of institution in which this
shall be complied with and determines, where appropriate, the maximum and minimum duration of the
internment.
2-The initiation and cessation of the internment takes place on a warrant from the court.
Article 502.
Communication of the sentence to various entities
1-The Public Prosecutor's Office sends to the court of execution of the penalties, to the services
prison and social reinsertion and the institution where the internment takes place, in the
period of five days after the transit on trial, copy of sentence that applies measure
of deprivative security of freedom.
2-The Public Prosecutor's Office expressly indicates the date calculated for the intended effect on the
Article 93, paragraph 2 and 3, of the Criminal Code and shall communicate any future
changes that occur in the execution of the safety measure.
3-In the event of an appeal of the decision that applies to internment safety measure and
of the accused if it finds itself deprived of liberty, the Public Prosecutor's Office sends to the
prison services copy of the decision, with the indication that it was interposed
feature.
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Article 503.
Individual process
1-In the institution where the internment takes place an individual process is organized,
in which they register or bring together the communications received from the court and the elements
to this provided, as well as the periodic evaluation reports of the effects of the
treatment on the dangerousness of the internship.
2-Anually and whenever the conditions warrant it, or the court of execution of the
penalties to be requested, the director of the institution refers to the process organised in that
court the periodic evaluation report.
Article 504.
Review, prolongation and re-examination of internship
1-Up to two months prior to the calculated date for the mandatory review of the situation of the
internship, the court of execution of the feathers orders:
a) Psychiatric expertise or on the personality to be carried out, where possible,
at the very establishment in which the internship is found, owing the
their respective report will be presented to you within 30 days;
b) Officiously or at the request of the Public Prosecutor's Office, the internship or the
defender, the representations that afflicted with interest for the decision.
2-Up to the same date the social reinsertion services send report containing analysis
of the family and professional background of the internship.
3-A The mandatory review of the internship situation takes place with hearing from the Ministry
Public, from the defender and the internship, only the presence of this being dispensed if the
your state of health make hearing worthless or unviable.
4-The court may correspondingly apply the provisions of paragraphs 1 and 3 when the
review is required, as well as request for social reinsertion services the
report referred to in paragraph 2.
5-To the decision on the extension of the internment provided for in Article 92 (3) of the
Penal Code is correspondingly applicable to the provisions of paragraphs 1, 2 and 3.
6-To the review provided for in Article 96. of the Criminal Code is correspondingly applicable
the provisions of paragraphs 1, 2 and 3.
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Article 505.
Revocation of freedom for proof
To the revocation of liberty for proof is correspondingly applicable to the
article 495, it shall be heard obligatorily the defender.
Article 506.
Provisions applicable
It is correspondingly applicable to the measure of internment the provisions of Articles 479.
at 482. th
CHAPTER II
From the execution of the penalty and the deprivative security measure of freedom
Article 507.
Execution of the penalty and the deprivative security measure of freedom
1-The application for the replacement of prison time for provision of work to
for the community, pursuant to Article 99 of the Criminal Code, is submitted until
60 days before the calculated date for the mandatory review or on the application of the
review, and the internship should indicate the professional and literary qualifications, the
professional and family situation, as well as if possible to mention some institution
in which you intend to provide work.
2-It is correspondingly applicable to the provisions of Article 490, n. paragraphs 2 and 3.
3-A The decision taken pursuant to Article 99 (6) of the Criminal Code is always
preceded by hearing of the defender.
CHAPTER III
From the implementation of the non-custodial security measures of freedom
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Article 508.
Non-custodial security measures of freedom
1-To the interdiction of activity is correspondingly applicable in Article 499,
n. ºs 2 and 3.
2-A The decision to enact the cassation of the driving license and the interdiction of
granting of leave is communicated to the Directorate General of Travel, which will communicate it to
any other legally entitled entities to issue such license.
3-To the decision provided for in the preceding paragraph is correspondingly applicable
in Article 500 (2) and 3.
4-It is correspondingly applicable to the driving license issued in foreign country
the provisions of paragraphs 2, 3, 5 and 6 of Article 500 (500)
5-A prolongation of the interdiction period and the reexamination of the situation that substantiated the
application of the measure are decided by the court preceding hearing of the Ministry
Public, of the defender and of the persons to them subject, save if, as to these, their
state to render hearing useless or unviable.
6-The application of rules of conduct is correspondingly applicable to the
previous paragraph and in Article 492 para.
Title V
From the execution of the relatively undetermined penalty
Article 509.
Execution of the relatively undetermined penalty
1-Within 30 days after entry into the prison establishment, the services
prison technicians draw up individual plan of execution of the penalty relatively
undetermined, which includes the schemes of work, learning, treatment and
detoxing that will show proper. For so much the information is collected
necessary from any public or private entities and used, whenever
possible, the collaboration of the convict.
2-The individual implementation plan and its modifications, required by the progress of the
delinquent and by other relevant circumstances, they are subjected to homologation
of the Court of Enforcement of the Penas and communicated to the delinquent.
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3-In the process of parole and the respective decision shall apply to the provisions of the
articles 484 and 485.
4-Until it is shown to be compliments that concretely it would be fit for the crime committed, are
referred to new reports and opinions, pursuant to Rule 484:
a) Elapsed one year on the non-granting of probation;
b) Decorations two years on the beginning of the continuation of the sentence
when probation is revoked. If parole does not
it is granted, new reports and opinion are remitted up to two months prior to
elapsed each subsequent period of one year.
5-To the review of the situation of the convict is correspondingly applicable in the
article 504, n. ºs 1, 2, 3 and 4.
6-The revocation of freedom for proof is correspondingly applicable to the
article 495 para.
7-The dispatch of revocation of probation or revocation of liberty
for proof is notified to the reclusive and copies are referred to the Director of the
establishment and the services of social reinsertion.
Title VI
From the execution of goods and destination of fines
Article 510.
Applicable law
In everything that is not specially provided for in this Code, the execution of goods shall be governed by
by the Code of Judicial Costs and, secondarily, by the Code of Civil Procedure.
Article 511.
Order of payments
With the product of the executed goods the payments by the following order are carried out:
1. Criminal fines and fines;
2. The rate of justice;
3. The charges settled in favour of the State, from the General Vault of the Courts and the Service
Social of the Ministry of Justice;
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4. The remaining charges, proportionally;
5. The indemniations.
Article 512.
Fate of fines
Unless otherwise provided by the law to the contrary, the importance of fines and fines imposed
in judgment has the destination set out in the Code of Judicial Costs.
BOOK XI
From responsibility for costs
Article 513.
Liability of the accused by fee for justice
1-It is due rate of justice by the accused when he is convicted in 1 instance, decay,
either wholly or partially, in any facility or to become overdue in incident that
apply for or the one to do opposition.
2-The accused is convicted in a single charge of justice, yet answer by several
crimes, as long as they are adjudicated in one process.
3-A conviction in rate of justice is always individual and the respective quantitative is
fixed within the limits set for the process corresponding to the crime
more serious by which the accused is convicted.
Article 514.
Liability of the accused for charges
1-The accused convicted in a fee for justice also pays the charges to which his
activity there is given place.
2-If they are several defendants convicted in a justice fee and not possible
individualize the responsibility of each of them for the burdens, this one is sympathetic
when the charges result from a common and joint activity on the rest
cases, unless another criterion is fixed in the decision.
3-If they are simultaneously convicted in justice fee the defendants and the assistant, it is
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joint the responsibility for the charges that cannot be charged to the
simple activity of one or the other.
Article 515.
Responsibility of the assistant for rate of justice
1-It is due rate of justice by the assistant in the following cases:
a) If the accused is acquitted or is not uttered by all or by some
constant crimes of the charge that there is deducted or with which there is
conformed;
b) Whether to decay, in whole or in part, in an appeal that there is interpost, to which
any given accession or in which it has made opposition;
c) If it becomes overdue in incident it has required or where it has been
opposing;
d) If you do end the process by dismissal or unwarranted abstention from
accuse;
e) If, for more than one month, the process is stopped by negligence thereof;
f) If it is rejected charge that there is deducted.
2-Havendo several assistants, each pay the respective fee for justice.
3-The limits on which the rate of justice is to be fixed, in the cases of paragraph 1 (a) and
b), are those corresponding to the process that would fit the most serious crime
understood in the part of the prosecution dismissed.
Article 516.
Archiving or suspension of the process
It is not due rate of fairness when the process has been filed or suspended, in the
terms of Articles 280 and 281.
Article 517.
Cases of exemption from the assistant
The assistant is exempt from the payment of justice fee in the cases:
a) Where, for supervent reasons to the charge that there is deducted or with
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that if it has conformed and that it is not attributable to it, the accused is not
pronounced or is acquitted; or
b) From Article 287 (3)
Article 518.
Responsibility of the assistant for charges
When the procedure depends on particular charge, the assistant sentenced in
fee paid also the charges to which your activity has been given place.
Article 519.
Fee due by the constitution of assistant
1-A The constitution of assistant gives way to the payment of fee for justice, in the amount
fixed in the Code of Judicial Costs, which is taken into account in the case of the
assistant being, the final, doomed at new rate.
2-The payment provided for in the preceding paragraph shall be made on the terms set out in the Code
of the Judicial Costs.
3-In the case of death or failure of the assistant the payment of the fee already made
take advantage of those who present themselves, in their place, in order to continue the
assistance.
Article 520.
Responsibility of other people
They pay also costs:
a) The civil parties, when they are not assistants or defendants and if they should understand
that have given cause at the expense, according to the standards of the civil procedure;
b) Any person who is not subject to the process, by the incidents that
provoke, when in them come to decay;
c) The whistleblower, when showing that he has denounced in bad faith or with negligence
grave.
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Article 521.
Dispensation of the penalty
The dispensation of the penalty does not release the accused from the obligation to pay costs.
Article 522.
Exemptions
1-The Public Prosecutor's Office is exempt from the expense and fines.
2-The arrested defendants enjoy exemption from justice fee for the interposition of appeal
in 1 th instance; enjoy still exemption in the incidents that require or to which
make opposition.
Article 523.
Costs in the cable order
Liability for costs relating to the application for civil damages shall apply
the standards of the civil procedure.
Article 524.
Subsidiary provisions
It shall be in a subsidiary applicable to the provisions of the Code of Judicial Costs.
