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Parliamentary Group
DRAFT RESOLUTION NO. 37 /XI
IT RECOMMENDS THE GOVERNMENT TO ADOPT LEGISLATIVE MEASURES
AIMING FOR THE CREATION OF THE FIGURE OF THE "REPENTANT" IN CRIMES
OF SPECIAL DIFFICULTY OF RESEARCH
Exhibition of reasons
The research of certain type of criminality, specially arranged in the
how to act and complex in the form of the consummation of crime, constitutes task
complex, which implies the existence of technical, human and legal means by the
forces and security services. So, often, investigations are of achievement
morosa and the production of the evidence at the headquarters of difficult-to-obtain trial hearing,
not just because the crime is based on sophisticated criminal networks with ramifications
transnational, as by the fact that, in other cases, the crime results from a complex
"web" of interests, complicities and silences. In fact, facts that generate a strong
social impact and offend the ethno-legal consciousness of the community, sometimes not
result in charges and / or conviction in seat of completion of proceedings and, such a fact,
is generator of enormous sense of impunity on the part of the community, dismotivation
of security forces and services, contributing to aggravating discrediting in justice.
It is the cases of crimes such as trafficking in narcotic drugs, weapons, human beings,
terrorism or those called crimes of power, in which the means of criminals
surpass, the most of the times, those of the security forces and services.
In this context, other legal ordinances sought to appropriate the means of
investigation of these crimes with legal means that enable the forces and services of
safety a greater effectiveness in its performance. It is the case of the so-called figure of the
"repentant" that allows someone to find themselves involved in this type of crimes,
once collaborating with justice, providing credible and decisive information to the
discovery of the truth, can benefit from a statute and a legal regime of its own.
Invigorating the principle in legality in the Portuguese penal system, such an objective could be
achieved with the prediction, or promotion, of models of reinforcement of protection of
witnesses or with changes in the regimes of the special penalty mitigation, of their
exemption or even of the provisional suspension of the proceedings. But the CDS-PP understands that it must
be made a more profound alteration that, comparing with the predicted models
in other legal ordinances, result in a new procedural figure in the scope of
criminal procedural law that enjoys a transversal and specific regime in our
legal planning.
On the other hand, it should be remembered, that the Government constitutes a very short time ago
Commission for the Reform of Criminal Lalaws with the specific aim of studying and
to propose a set of amendments to the Criminal Code and the Code of Criminal Procedure.
It is, in our view, of the space itself so that also this new figure can be
studied, compared and introduced in our legal planning. Being public that
such a committee has a time limit of activity which is prolong until the next day 31 of
December 2010, a special (and specific) extension of this time is also expected to be extended,
exclusively intended for the works relating to the figure of the "repentant" who ora
intends to introduce.
In these terms, and under the provisions of Article 156º of the Constitution of the Republic
Portuguese, the Assembly of the Republic recommends to the Government:
1-Which stipulates, in the criminal policy law, approved under the provisions of the
article 7º of Law No. 17/2006 of May 23, the compulsory of the Ministry
Public to promote, in accordance with approved generic directives and instructions
by the Prosecutor-General of the Republic, the application of the comumly named
"statute of repentance" to the defendants or convicted of the practice of crimes
provided for in Articles 372º, 373º, 374º, 375º, 377º, 382º, 383º, 384º, 384º and 385º-A of the
Criminal Code, in the crimes provided for in Articles 16º, 17º, 18º and 18º-A of Law No. 34/87,
of July 16, amended by the Law No. 108/2001 of November 28 on the crimes
provided for in Articles 8º, 9º, 10º and 11º of Law No. 50/2007 of August 31, and still in the
crime of fraud in obtaining subsidy or grant;
2-Which, at the headquarters of the Commission for the revision of the Penal Laws appointed by the
Ministry of Justice, analyze and formulate the necessary amendment proposals to the
Criminal Code and the Code of Criminal Procedure that lead to the creation of a new
Status of the "repentant" in the Portuguese legal planning;
3-That the term of this Commission be extended by the period of 45 days
specifically intended for the purpose.
Palace of S. Bento, December 15, 2009.
The Deputies,