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PROPOSED LAW NO. 274 /X/4.

Exhibition of Motives

The present initiative results from the guidelines set out by the Programme for Restructuring

of the Central State Administration (PRACE) and the objectives of the XVII Programme

Constitutional government in regard to administrative modernization, improvement of quality

of public services with efficiency gains.

It is important to realize the structural rationalization effort enshrined in the new design

organic of the Ministry of National Defence, advancing in the definition of the models

organizationof the services that integrate the respective structure, in the case, the Police

Military Judiciary.

The legislator considered, on the one hand, that, in the conduct of the Constitutional Review of

1997, a new military justice planning characterised by the comeback was erected

of military criminal jurisdiction to the common courts in time of peace, in it providing for a

Military Judicial Police with necessary incidence as a criminal police body, to which it is

committed the investigation of strictly military crimes and the common crimes committed

in the interior of units, establishments and military organs. In the new system, the Police

Military Judiciary has emerged, for, as one of the pillars of military justice and asserts itself as

privileged interlocutor of the Commanders, Directors or military chiefs with the

judicial authorities, in the preservation of the values of hierarchy, of cohesion and efficiency of the

military interests by virtue of the criminal investigation being only committed to military personnel.

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The legislator considered, on the other hand, parallelism and similitude among the Police

The Military Judicial and the Police Judiciary, while criminal police bodies that have the

criminal investigation not only as main activity but also exclusive, having had

special concern in maintaining the said suitably consecrated approach.

The present law proposal aims, in this way, to define the nature, mission and assignments of the

Military Judicial Police, as well as the principles and competencies that frame their

action as the upper body of criminal police auxiliary of the administration of justice.

Consultation should be triggered on the National Data Protection Commission.

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:

CHAPTER I

Nature, mission and assignments

Article 1.

Subject

The present law defines the nature, mission and assignments of the Military Judicial Police

(PJM).

Article 2.

Nature

PJM, upper body of criminal police auxiliary of the administration of justice, organized

hierarchically in reliance on the member of the Government responsible for the area of defence

national and scrutinised under the law, is a central service of the direct administration of the

State, endowed with administrative autonomy.

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Article 3.

Mission and attributions

1-A PJM has for mission to co-adjuve the judicial authorities in the criminal investigation,

to develop and promote the actions of prevention and criminal investigation of its

competence or which are committed to it by the competent judicial authorities.

2-A PJM pursues the following assignments:

a) Coadjuvar the judicial authorities in prosecutions concerning crimes whose

research tasked you to carry out or when you appear necessary to practice

acts that precede the trial and that require knowledge or means

special technicians;

b) Carry out the detection and deterrence of situations conducive to the practice of crimes

strictly military, in liaison with other criminal police bodies and with the

military authorities, as well as of the common crimes occurring within the

units, establishments and military organs;

c) Carry out the investigation of the strictly military and crimes crimes committed

in the interior of units, establishments and military organs, pursuant

provided for in the Military Code of Justice (CJM).

3-For the purposes of the provisions of the a) from the previous number, PJM acts in the process under

the direction of the judicial authorities and in their functional dependence, without prejudice to the

respective hierarchical organization and technical and tactical autonomy.

4-For the purposes of the provisions of the b) of paragraph 2 and in the exercise of the actions in respect of

criminal prevention, PJM has access to the information required for characterization,

identification and location of the activities referred to there, and may proceed to

identification of persons and carry out vigilances, if necessary, with recourse to all the

means and techniques of sound and image recording, as well as magazines and searches, to the

shelter from the provisions of the Code of Criminal Procedure (CPP) and supplementary legislation.

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Article 4.

Competence in criminal investigation

1-It is the specific competence of PJM the investigation of strictly military crimes.

2-A PJM has still reserved competence for the investigation of crimes committed in the

interior of units, establishments and military bodies, without prejudice to the possibility

of applying to the case the procedure laid down in Article 8 (3) of the Law

n. 49/2008, of August 27.

3-Too many criminal police bodies should immediately report to PJM the facts of

who have knowledge, concerning the preparation and execution of crimes of the

competence of the PJM, only may practice until its intervention, the acts

cautionary and urgent to obstinate to their consummation and to ensure the means of proof.

4-The provisions of paragraph 2 shall be without prejudice to the competence conferred on the National Guard

Republican (GNR) by Law No. 49/2008 of August 27, or by the respective law

organic for the investigation of common crimes committed in the interior of their

establishments, units and organs.

Article 5.

Duty of cooperation

1-A PJM is subject to the duty of cooperation under the law.

2-Public and private entities, in the persons of the respective representatives, shall

provide PJM with the cooperation that is justifiably requested to them.

3-The persons and entities carrying out functions of surveillance, protection and security to

people, goods and public or private facilities, have the special duty to collaborate

with the PJM.

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Article 6.

Right of access to information

1-A PJM directly accede to information regarding civil and criminal identification

constant of the magnetic files of civil and criminal identification services and

it compulsorily provides collaboration in the analysis of automatic treatment applications

of the information with interest for the prevention and criminal investigation, when

carried out by the Institute of Information Technologies in Justice, I. P.

2-A PJM directly accedes to information concerning the identification of the constant military

of the personnel files of the branches of the Armed Forces and GNR.

3-A PJM acede to the information of criminal interest contained in the files of others

national and international bodies, celebrating cooperation protocols always

which required, without prejudice to the stipulation in own legislation.

4-A PJM designates a liaison officer with the Police Judiciary (PJ) for articulation

specific with the Scientific Police Laboratory and the School of Police Judiciary.

Article 7.

Treatment and protection of data

1-À PJM is admitted to the constitution of databases, so as to organize and maintain

updated the information required for the exercise of the prevention powers and of

criminal investigation, as well as enabling the clearance of statistical data.

2-The content and exploitation of the information stored in the databases are

carried out with strict observance of the provisions contained in the Act on Protection

of personal data.

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Article 8.

Duty of comparance

1-Any person, when duly notified or summoned by PJM, has a duty

to appear in the designated day, time and place, under penalty of the penalties provided for in the law

criminal procedural.

2-Addressing the military in the service effectiveness, the notification is done through

of the commander, director or chief they depend on.

3-In case of urgency, the notification or convocation referred to in the preceding paragraphs

may be made by any means intended to give notice of the fact,

including by telephone and, in the latter case, the entity making the notification

or the convocation identifies itself and gives account of the office it performs, as well as of the

elements allowing the so-called whole to be the act for which it is summoned and

carry out, in case you want, the contrapprove of that it is an official telephone call and

true, owing to the wash quota in the auto as well as the medium used.

CHAPTER II

Criminal police officials

Article 9.

Criminal police officials

1-Are criminal police authorities, in the terms and for the effects of the CPP, the following

elements of PJM:

a) The Director-Geral;

b) The Sub-Director-Geral;

c) The Directors of Territorial Units;

d) The Investigating Officers.

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2-The criminal investigation personnel not referenced in the preceding paragraph may, with the

observance of the stipulation in the CPP, proceed to the identification of any person.

Article 10.

Procedural skills

1-The criminal police authorities referred to in paragraph 1 of the previous article have still

special competence for, in the scope of dispatch of generic delegation of

competence of criminal investigation, order:

a) The achievement of expertise to be carried out by official bodies, safeguarded the

expertise pertaining to psychiatric issues, on personality and autopsy

médico-legal;

b) The realization of magazines and searches, with the exception of domiciliaries and those carried out

in a lawyer's office, in a doctor's office or in establishment

hospitalar or banking;

c) Seizures, other than correspondence, or those that take place in office

of lawyer, in a doctor's office or in hospital setting or

banking;

d) The detention outside the flagrant offence in cases where imprisonment is admissible

preventive, there are elements that make it founded the fear of escape and not for

possible, given the situation of urgency and danger of delay, wait for the

intervention of the judicial authority.

2-A realization of any of the acts provided for in the preceding paragraph shall be complied with,

subsidally, to the plotting of the CPP, and is, immediately, communicated to the authority

judicial officer holder of the proceedings for the purposes of and under the cominations of the procedural law

penal and, in the case of point d) of the preceding paragraph, the detainee has to be presented at the

term legally provided for the competent judicial authority, without prejudice to this, if

so to understand it, determine the immediate presentation.

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3-A all the time, the titular judicial authority of the process can condition the

exercise or avocate the powers provided for in paragraph 1, pursuant to Law No 49/2008,

of August 27.

4-The representations referred to in the preceding paragraphs when carried out in units,

establishments and organs, are previously communicated to the respective commander

or boss.

5-A communication referred to in the preceding paragraph is held at a time that no

predicting the usefulness of the diligence to be carried out.

CHAPTER III

Rights and duties

Article 11.

Secret of justice and professional

1-The procedural acts of criminal investigation and coadjuvation of the authorities

judicial persons are subject to the secrecy of justice, under the law.

2-PJM personnel may not make public revelations concerning processes or about

indidole matter reserved, save what is provided for in this diploma on

public information and actions of a preventive nature with the population and still the

provisions of the laws of criminal procedure.

3-The statements to which you rent the previous number, when admissible, depend on

prior authorization of the Director, under penalty of disciplinary procedure, without prejudice to the

criminal liability to which there is a place.

4-The actions of prevention, the counter-ordinational, disciplinary procedures, of

survey, syndication and enquiries, as well as inspection, are subject to the

professional secret, in the terms of the general law.

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Article 12.

Special duties

They are special duties of the PJM staff:

a) Ensure the life and physical integrity of detainees or people who find themselves

under their custody or protection, in the strict respect of the honour and dignity of the

human person;

b) Acting without discrimination on the grounds of ancestry, sex, race, language, territory

of origin, religion, political or ideological beliefs, instruction, situation

economic or social condition;

c) Identify as an element of PJM at the time when they should proceed

identification or detention;

d) Observe strictly, and with due diligence, the tramway, the deadlines and

requirements required by law, whenever they should proceed to the detention of someone;

e) Acting with the necessary decision and preparedness, when it is acting

depend on preventing the practice of serious, immediate and irreparable damage, observing

the principles of appropriateness, opportunity and proportionality in the

use of the available means;

f) Acting with the necessary determination, but without resorting to force more than the

strictly reasonable to fulfill a legally required or authorized task.

Article 13.

Identification

1-A The identification of the criminal police authorities, too many researchers and the staff

of direct research support is made by means of metallic badge and card of

free-transit.

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2-A The identification of the remaining PJM personnel is made by means of model card

own.

3-In public actions, the staff referred to in the previous figures identify themselves in such a way

unmistakably reveal its quality.

4-Models referred to in the previous figures are approved by member porterie

of the Government responsible for the area of national defence.

Article 14.

Right of access

1-To the staff mentioned in the previous article, when properly identified and in

service mission, is provided free entry at the places where actions are held

prevention, detection, or criminal investigation and judicial co-adjuvation.

2-For the carrying out of investigations or judicial coadjuvation, the staff

of PJM, when properly identified and on duty of service, are entitled to

access to any repartitions or public services, commercial or industrial enterprises

and other public or private facilities, in the strict respect of the applicable legislation.

3-At the criminal police authorities, criminal investigation personnel and staff of

support for research, when properly identified and in service mission, is

provided free access, on the whole of national territory, to collective transport

terrestrial, river and maritime.

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Article 15.

Use of weapon

1-A PJM may use weapons and ammunition of any kind.

2-Have a right to the use and possession of service weapon, of classes approved by portaria

joint of the members of the government responsible for the areas of national defence and the

internal administration:

a) The criminal police authorities;

b) The criminal investigation personnel;

c) Other personnel to be defined by dispatching of the Director-General, in particular the staff

of direct support for criminal research.

3-The recourse to firearms by PJM personnel is regulated by the Decree-Law

n. 457/99, of November 5.

Article 16.

Permanent service

1-Criminal prevention and research activities are of a permanent nature and

mandatory and subject to secrecy of justice.

2-A stay in services can be ensured, outside of normal time and on days of

weekly rest and holidays, by picket services and prevention units, whose

regulation is fixed by dispatching of the Director General.

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3-The organs of criminal police who have knowledge of the preparation or

consummation of some crime, albeit not strictly military, must, when

necessary, make arrangements possible and necessary to avoid your practice or

to discover and detain its authors, with observance of the legal formalities, up to the

intervention of the competent authority.

4-If any criminal police body ascertains facts that matter to the investigation that

another one is entrusted, must communicate-immediately.

Article 17.

Objects that revert in favour of PJM

The objects seized by the PJM that come to be declared lost in favour of the

State shall be affected by it, under the current legislation.

Article 18.

Impediments, refusals and escuses

1-The regime of impediments, refusals and escuses provided for in the CPP shall apply, with the

due adaptations, to the criminal police authorities, too much police organs

criminal and direct support personnel to the criminal investigation, or to the acting staff

of functions in PJM.

2-A declaration of impediment and its application, as well as the requirement for

refusal and the request for escussion, are addressed to the Director-General.

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Article 19.

Entry into force

This Law shall come into force on the 1. day of the month following that of its publication.

Seen and approved in Council of Ministers of April 30, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs