Parliamentary Group

DRAFT LAW NO. 588 /X

Alters the Code of Criminal Procedure in the sense of confers a greater

protection for victims of the crime of domestic violence

Exhibition of Motives

Legislative progress in the scope of domestic violence in a lot has

contributed to the combat of this heinous form of violence. The nature of

public crime has undoubtedly contributed to a greater visibility of the

issue, for a greater awareness of the society for question, and even to

significant changes in the way of thinking and acting in the face of situations of

domestic violence. However, and despite these legislative advances there are still

a long way to go. The number of deadly victims is a sign of this

even-in the first eight months of 2008 have died already 32 women, victims

of domestic violence, far exceeding the numbers recorded in

2007.

Urge, for, to perfect the laws so as to better protect the victims,

notably, limiting unnecessary risks to the life of those.

Thus, it is proposed to amend Articles 257º and 385º, Code of Procedure

Penal, following the proposal drawn up by the Portuguese Association of

Women Jurists.

Taking into account the particular vulnerability of the victims, which stems from the fact

of living in the same space as the aggressor, staying for it even

fully exposed not only to the practice of crime, and to the continuation of the

criminal activity, but also to physical, psychological and even reprisals

economic of the aggressor if the latter is not held in the wake of its activity

criminal;

Given that this type of crimes occurs above all in the evening and at the ends-of-

week, that is when the victim and the assailant meet both in space

domestic;

And taking into account that reality demonstrates that in this type of crimes the

aggressor is, in the generality of cases, collaborating with the authorities;

The current wording of articles 257º and 385º of the CPP, does not accrunt the protection

of these victims by allowing the permanence of the attacker in the domestic space, in the

period that stems between the practice of crime and the application of a measure of

coaction, allowing it to continue its criminal activity, without the

organs of criminal police can prevent it.

Therefore, it is proposed that it may be a determinant of the detention the existence of

reasonable grounds to believe that it is necessary to prevent the target from making the

commit acts of the same nature, which endanger legal goods

essential.

Thus, in the applicable constitutional and regimental terms, the Deputes and the

Deputies from the Parliamentary Group of the Left Bloc, present the following

draft law:

Article 1º

Amendments to the Code of Criminal Procedure

Articles 257º and 385º of the Code of Criminal Procedure, approved by the Decree-

Law No. 78/87 of February 17 and amended by the Decree-Law No. 387 -E/87, of

December 29, by the Decree-Law No. 212/89 of June 30, by the Decree-Law

n ° 17/91 of January 10 by Law No. 57/91 of August 13 by the Decree-

Law No. 423/91 of October 30 by the Decree-Law No. 343/93 of 1 of

October, by the Decree-Law No. 317/95 of November 28, by Law No. 59/98,

of August 25, Law No 3/99 of January 13, Law No 7/2000 of May 27,

by Decree-Law No. 320 -C/2000 of December 15 by the Law No. 30-E/2000,

of December 20, by Law No. 52/2003 of August 22 by the Decree-Law n.

324/2003, of December 27, and by Law n. º48/2007, of August 29, pass

to be replaced by the following is replaced by the following:

" Article 257º

(...)

1-Out of flagrant offence, detention can only be carried out, by warrant of the

judge or, in cases where it is admissible preventive arrest, of the Ministry

Public, when:

a) there is reason to believe that it is necessary to prevent the target from making the

commit acts of the same nature, which endanger legal goods

essential; or

b) there are founded reasons to consider that the targeted one would not present

spontaneously before judicial authority within the time limit set.

2-(...):

a) (...);

b) (...);

c) (...).

Article 385º

(...)

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:

a) there is reason to believe that it is necessary to prevent him from making the commit

acts of the same nature, which endanger essential legal goods; or

b) there is reason to believe that it will not present itself spontaneously to the

judicial authority within the time limit for it.

2-(...).

3-(...).

a) (...);

b) (...). "

Article 2.

Entry into force

This diploma shall come into force on the day following that of its publication.

Assembly of the Republic, October 22, 2008

The Deputies and Deputies of the Left Bloc