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1 PROPOSAL of law No. 274/X/4th explanatory memorandum this initiative follows the guidelines set by the programme for restructuring the State's Central Administration (PRACE) and the objectives of the programme of the XVII constitutional Government with regard to administrative modernization, improving the quality of public services with efficiency gains. Matter achieve the structural rationalization effort enshrined in the new organic design Ministry of national defense, advancing in the definition of organizational models of services that integrate its structure, in this case, the Military Judicial Police. The legislature considered, on the one hand, that, on account of the 1997 Constitutional Revision, was erected a new ranking of military justice characterized by the Commission of the military penal jurisdiction to the courts in time of peace, Envisioning a Military Judicial Police with necessary incidence as criminal police body, which is committed to strictly military crimes and investigation of crimes committed inside of units , and military organs. In the new system, the Military Judicial Police therefore emerged as one of the pillars of military justice and is claimed as privileged interlocutor of the commanders, directors or military leaders with the judicial authorities, the preservation of the values of hierarchy, of cohesion and efficiency of military interests under criminal investigation only be committed to military personnel.
2 the legislator considered, on the other hand, the parallelism and the similarity between the Military Judicial Police and the judicial police, while criminal police bodies who have the criminal investigation not only as main activity but also exclusive, having had particular concern in maintaining this approach duly consecrated. This Bill seeks to define the nature, mission and tasks of the Military Judicial Police, as well as the principles and skills that fall to your action while top criminal police auxiliary body of the administration of Justice. Must be triggered to consultation with the National Commission for Data Protection. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I Nature, mission and tasks Article 1 subject-matter this law defines the nature, mission and Military Judicial Police assignments (PJM). Article 2 Nature the PJM, upper body of criminal police assist the administration of Justice, organized hierarchically depending on the Member of Government responsible for national defence and monitored in accordance with the law, is a central direct administration of the State, endowed with administrative autonomy.
3 article 3 Mission and tasks 1-PJM's mission is to assist judicial authorities in criminal investigation, development and promotion of the preventive actions and criminal investigation of your competence or that may be committed by competent judicial authorities. 2-the PJM pursues the following assignments: a) Assist judicial authorities in cases concerning crimes whose investigation it is conducting or acts appears necessary before the trial and that require special knowledge or technical means; b) carry out the detection and deterrence of situations conducive to the practice of strictly military crimes, in connection with other criminal police bodies and with the military authorities, as well as common crimes occurring within military units, establishments and bodies; c) Perform the investigation strictly military crimes and crimes committed within military units, establishments and bodies, under the conditions laid down in the code of military justice (CJM). 3-for the purposes of point (a)) of the preceding paragraph, the PJM acts in the process under the direction of the judicial authorities and on your functional dependency, without prejudice to their hierarchical organization and tactical and technical autonomy. 4-for the purposes of point (b)) of paragraph 2 and in the exercise of criminal prevention actions, the PJM has access to the information necessary for the characterization, identification and location of the activities there referred to, and may proceed to the identification of people and perform surveillance, if necessary, using all means and techniques of sound and image registration as well as magazines and searches under the provisions of the code of criminal procedure (CPP) and supplementary legislation.
4 Article 4 jurisdiction over criminal investigation 1-the specific competence of MYM's investigation of crimes strictly military. 2-the PJM has reserved jurisdiction for the investigation of crimes committed within military units, establishments and bodies, without prejudice to the possibility of applying to the case the procedure laid down in paragraph 3 of article 8 of law No. 49/2008, of 27 August. 3-the remaining organs of criminal police shall report immediately to the PJM facts of which they have knowledge, relating to the preparation and execution of crimes within the jurisdiction of the PJM, just being able to practice until your intervention, protective and urgent actions to prevent the your consummation and ensure the means of evidence. 4-the provisions of paragraph 2 shall be without prejudice to the competence conferred on the National Republican Guard (GNR) by law No. 49/2008, of 27 August, or by its organic law for the investigation of crimes committed within their establishments, units and organs. Article 5 Duty of cooperation 1-the MYM is subject to the duty to cooperate in accordance with the law. 2-The public and private entities, their representatives, should provide the PJM cooperation that they rightly is requested. 3-The persons and entities exercising functions of surveillance, protection and security to people, property and public or private facilities, have the special duty to collaborate with the PJM.
Article 6 right of access to information 1-the MARIST YOUTH MINISTRY access directly to information on the civil and criminal identification files magnetic constant identification services civil and criminal and obligatorily collaboration in the analysis of applications of automatic treatment of information of interest to the prevention and criminal investigation, when carried out by the Institute of information technology in the Justice , I. P. 2-the MARIST YOUTH MINISTRY access directly to information on the identification of constant military personnel files of the branches of the armed forces and of the GNR. 3-the MARIST YOUTH MINISTRY access to information of criminal interest contained in the files of other national and international bodies, celebrating cooperation protocols whenever necessary, without prejudice to the stipulations in legislation of its own. 4-the PJM designates a liaison officer of the judicial police (PJ) for specific joint with the laboratory of scientific police and the judicial police school. Article 7 Treatment and data protection 1-MYM is admitted the Constitution of databases, in order to organize and maintain the information necessary for the exercise of the powers of criminal investigation and prevention, as well as to allow the establishment of statistical data. 2-the content and operation of the information stored in the databases are performed with strict compliance with the provisions contained in the law on the protection of personal data.
6 article 8 obligation to attend 1-Any person, when properly notified or proclaimed by the PJM, must appear on the day, time and place appointed, under penalty of sanctions provided for in the criminal procedure law. 2-in the case of the military effectiveness of service, the notification is done via the Commander, director or Chief that depend on. 3-In case of emergency, notification or summons referred to in the preceding paragraphs may be made by any means intended to give knowledge of the fact, including by telephone and, in the latter case, the entity that makes the notification or summons identifies and gives an account of the position he plays, as well as the information necessary to know of the Act for which is summoned and perform If you want to, the rebuttal of an official phone call and true, and plough-if the auto quota as the medium used. CHAPTER II criminal police Authorities article 9 1-criminal police authorities Are criminal police authorities, under the terms and for the purposes of the CPP, the following elements of the PJM: a) the Director-General; b) the Deputy Director-General; c) The Heads of Territorial Units; d) The investigating officers.
7 2-criminal investigation personnel not referenced in the preceding paragraph may, with the observance of the stipulated in the CPP, proceed to the identification of any person. Article 10 1-procedural Competences of criminal police authorities referred to in paragraph 1 of the preceding article have special competence to still, under order of general delegation of competence of criminal investigation, ordering:) expertise to be carried out by official bodies, safeguarded the expertise relating to psychiatric issues, about personality and medicolegal autopsy; b) magazines and searches, with the exception of the premises and those undertaken in lawyer Office, doctor's Office or hospital or banking; c) seizures, except for correspondence, or taking place in lawyer Office, doctor's Office or hospital or banking; d) detention out of flagrante delicto in cases where pre-trial detention is admissible, there are elements that make founded the fear and escape is not possible, given the situation of emergency and danger of delay, wait for the intervention of the judicial authority. 2-the performance of any of the acts referred to in the preceding paragraph complies, in the alternative, the processing of the CPP, and is immediately communicated to the holder of the judicial authority to process the effects and under cominações of the criminal procedure law and, in the case of point (d)) of the preceding paragraph, the detainee has to be lodged within legally referred to the competent judicial authority without prejudice to this, if so, determine the immediate presentation.
8 3-at any time, the holder of the judicial authority process may condition the exercise or challenge the powers provided for in paragraph 1, in accordance with the provisions of law No. 49/2008, of 27 August. 4-the steps referred to in the preceding paragraphs when carried out in units, establishments and organs, are previously communicated to the Commander or Chief. 5-the notification referred to in the preceding paragraph is carried out in time that does not harm the usefulness of due diligence to be carried out. CHAPTER III rights and duties Article 11 Secret of Justice and professional 1-procedural acts of criminal investigation and coadjuvação of the judicial authorities are subject to the secrecy of Justice, in accordance with the law. 2-the PJM staff cannot make public revelations concerning processes or on matters of nature reserved, except what is provided for in this Decree on public information and preventive measures to the population and the provisions of the law of criminal procedure. 3-the declarations referred to in the preceding paragraph, when admissible depend on prior authorisation of the director, on pain of disciplinary procedure, without prejudice to the criminal liability that any place. 4-prevention actions, contra-ordenacionais procedures, disciplinary investigation of inquiry and investigation, as well as inspection are subject to professional secrecy, in accordance with the general law.
Article 12 special duties Are special duties of MYM: a) guarantee the life and physical integrity of detainees or persons find under your custody or protection, in strict respect of the honor and dignity of the human person; b) Act without discrimination on grounds of descent, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation or social condition; c) identify themselves as part of MARIST YOUTH MINISTRY at the time to carry out the identification or arrest; d) Observe strictly and with due diligence, the processing, the deadlines and requirements demanded by the law, which must always proceed to the arrest of someone; and) Act with decision and readiness required when your performance depends on preventing the perpetration of serious damage, immediate, and irreparable, observing the principles of adequacy, appropriateness and proportionality in the use of available means; f) Act with the necessary determination, but without resorting to force more than strictly reasonable to comply with a legally required or authorized task. Article 13 1 Id-the ID of the criminal police authorities, other researchers and staff of direct support for research is done through metal badge and pass card.
10 2-identification of the other staff of the PJM is done through own card. 3-public actions, personnel referred to in the preceding paragraphs identifies to unequivocally prove your quality. 4-the models referred to in the preceding paragraphs are approved by order of the Member of Government responsible for national defence. Article 14 right of access 1-staff mentioned in the preceding article, when properly identified and service mission, is given free entry in the places where they carry out actions of prevention, detection, or criminal investigation and judicial coadjuvação. 2-for the conduct of due diligence research or of judicial coadjuvação, PJM, when properly identified and mission of service, are entitled to access to any breakdowns or public services, commercial or industrial enterprises and other public or private facilities, in strict respect for the law. 3-criminal police authorities, criminal investigation personnel and support staff to research, when properly identified and service mission, provided the free access throughout the country, collective land transport, maritime and river.
11 article 15 use of weapon 1-PJM can use guns and ammunition of any kind. 2-are entitled to use and carry firearms on duty, approved by order classes of members of the Government responsible for the areas of national defense and internal affairs: the criminal police authorities); b) criminal investigation personnel; c) other personnel to be defined by order of the director-general, in particular the direct support staff to the criminal investigation. 3-the use of firearms by MYM staff is regulated by Decree-Law No. 457/99 of 5 November. Article 16 permanent Service 1-prevention activities and criminal investigation are permanent and mandatory and subject to secrecy of Justice. 2-the permanence in the services can be ensured, outside normal weekly rest days and public holidays, for picket services and prevention units, whose regulation is fixed by order of the director-general.
12 3-criminal police bodies that are aware of the preparation or consummation of any crime, though not strictly military, should, when necessary, take the measures possible and necessary to ensure that your practice or to discover and apprehend the perpetrators, with compliance with the legal formalities, until the intervention of the competent authority. 4-If a criminal police body to ascertain facts which interested to research how else is responsible, shall send them to you immediately. Article 17 articles which accrue in favour of the PJM objects seized by the PJM will be confiscated to the State are assigned in accordance with the legislation in force. Article 18 Impediments, excuses and denials – 1 impediments, denials and excuses laid down in CPP is applicable, mutatis mutandis, to the criminal police authorities, other agencies of criminal police and support staff directly to criminal investigation or staff in serving in PJM. 2-the impediment statement and your application, as well as the application of refusal and the request for excuse, are addressed to the director-general.
13 article 19 entry into force this law shall enter into force on the first day of the month following the month of your publication.
Seen and approved by the Council of Ministers of April 30 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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