Key Benefits:
People's Party CDS-PP
Parliamentary Group
Assembly of the Republic-Palace of S. Bento-1249-068 Lisbon-Phone: 21391 9233-Fax: 21391 7456 Email: gp_pp@pp. parliamento.pt
Draft Law No. 541/X
Enshrines legal permissions of access to criminal identification in
processes of minors, as well as the permanent record of decisions
of crimes against minors
On the past May 20, it proceeded in the Assembly of the Republic a
conference subordinate to the theme " Missing and Exploited Children
Sexually-Security on the Internet ", organized by the Institute of Support for
Child, in which he participated, among other entities, the Chief Prosecutor-General
of the Republic.
On that occasion, in statements provided to the press, the Chief Prosecutor-
General of the Republic warned of the existence of the real danger of individuals who
abuse, or abused minors, may come to adopt children, by the
simple fact that the crimes disappear from the criminal record decorated 5 or
10 years after the fulfilment of the penalty.
On the same occasion, the President of the Institute for Child Support expressed the
your astounded by the fact that the representatives of the Public Prosecutor's Office together
of the family courts and minors do not have access to the certificates of registration
criminal, specifically in actions of inhibition of exercise of power
paternal, when there is evidence of sexual abuse of the children and suspicion of the practice
of other previous crimes.
Ora, this type of alerts, by the fact that they are procoming from entities with
responsibility, direct knowledge about these situations and the
dangerousness of the legal goods in question, they cannot in any way
deserve the silence or omission for who has a duty to legislate and create a
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legal planning that, in fact and not only in law, comes from meeting the
social context of the Country and the set of axiological values and valuations of
certain behaviors, as well as to dangerousness and social alarm
that can generate in the community at large.
With effect, of the set of values that can, and should, be weighted, the
legislator cannot, ever, forget the context in which it inserts itself, the constant
mutation of modern societies and the social impact that, at every moment,
certain behaviors can cause in society.
Indeed, not a proper glimpse of a legal system that allows, or
at least do not avoid, the legislative loopholes denounced and which, certainly,
deserve the concern of a wide majority of the Portuguese.
Through the present bill, it intends the CDS-PP to correct those two
dysfunctions of the Criminal Identification Act (Law No. 57/98 of August 18).
Thus:
-No art. 7º of the cited law, adds to the incisit that enshrines the possibility
of, in addition to the cases of criminal investigation and prosecutions of the proceedings
criminal and carrying out feathers, to be able to the representatives of the judgeship
judicial and the Public Prosecutor's Office to access the information on criminal identification
in all processes involving minors;
-No art. 15º, expressly disdevotes the non-cancellation of the registration of
decisions on the crime of mistreatment and on crimes against freedom
personnel, when the victim is a minor, or about crimes against freedom or
sexual self-determination.
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In effect, the governing body Assembly of the Republic, legislative body
for excellence, it cannot ignore the denunciations of the entities they know and
work on a daily basis with the reality of the minors and the processes that
say respect, not least when they warn of incongruities of the law
and of the loopholes that may allow for the practice of heinous crimes, under penalty of
not fulfilling, fully, the role that constitutional and legally is
assigned.
By the exposed, the undersigned Deputies present the following project
of law:
Single Article
Articles 7º and 15º of Law No. 57/98 of August 18, go on to have the following
wording:
" Article 7º
[...]
1-Can still access the information on criminal identification:
a) The judicial magistrates and the Public Prosecutor's Office for the purposes of
criminal and instructional investigation of criminal prosecutions, of
processes involving minors and of processes of execution of
feathers;
b) ...;
c) ...;
d) ...;
e) ...;
f) ...;
g) ...;
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h) ...;
I) ...
Article 15º
[...]
1-.....
2-When information on criminal identification is requested by
judicial magistrate or the Public Prosecutor's Office for any of the purposes to which it alludes
the Article 7º (1) (a) shall also be forwarded to the decisions
on the crime of mistreatment and on crimes against personal freedom,
when the victim is a minor, or about crimes against freedom or self-
sexual determination, albeit cancelled.
3-(previous # 2).
4-(previous # 3).
Palace of S. Bento, June 16, 2008.
The Deputies,
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