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Recommends To The Government The Adoption Of Legislative Measures Aimed At The Creation Of The Figure Of You Sorry You In Special Difficulty Of Crimes Investigation

Original Language Title: Recomenda ao Governo a adopção de medidas legislativas tendentes à criação da figura do ¿arrependido¿ em crimes de especial dificuldade de investigação

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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,