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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Group MOTION for a RESOLUTION paragraph 37/XI RECOMMENDS to the GOVERNMENT the adoption of LEGISLATIVE MEASURES DESIGNED to the CREATION of the "SORRY" in CRIMES of PARTICULAR DIFFICULTY for RESEARCH explanatory memorandum the investigation of crime, especially organized in the form of acting and complex in the form of consummation of the crime is complex task, which implies the existence of technical means , legal and human forces and security services. So often, the investigations are time consuming achievement and the production of evidence in the trial audience hard to obtain, not only because crime is based on sophisticated criminal networks with transnational ramifications, such as the fact that, in other cases, the crime is the result of a complex Web of interests, complicity and silence. In fact, facts that generate a strong social impact and offend the conscience of the community legal-ethical, sometimes, do not result in charges and/or conviction in the process and conclusion, this is huge generator sense of impunity on the part of the community, demotivation of the forces and security services, contributing to worsen the disbelief in justice. Are the cases of crimes like drug trafficking, arms, human beings, terrorism or of so-called crimes of power, in which the means of criminals do, often, the forces and security services.

In this context, other jurisdictions have sought to adapt the means of investigation of these crimes with legal means which allow the forces and security services greater efficiency in your performance. In the case of the figure of the "sorry" that allows someone who is involved in this type of crime, once collaborating with justice by providing credible and decisive information for the discovery of truth, can benefit from a status and a legal regime itself.

With the principle of legality in the Portuguese penal system, this objective can be achieved with the prediction, or the promotion of models of strengthening witness protection or with changes in attenuation special regimes, of your exemption or until the provisional suspension of the process. But the CDS-PP considers that an amendment should be made more profound that, comparing with the models laid down in other legal systems, resulting in a new figure of procedure under the criminal procedure law having a transverse and specific arrangements in our legal system.

On the other hand, it should be recalled that the Government is recently a Commission for the reform of Criminal Laws with the objective of studying and proposing a set of amendments to the Penal Code and the code of criminal procedure. It is, in our view, the space that this new figure can be studied, compared and introduced in our legal system. Being public that this Committee has a period of activity that extends to next day December 31 2010, provides for a special extension (and specific) this term exclusively for work relating to the figure of the "sorry" that intends to introduce.

Accordingly, and pursuant to article 156 of the Constitution of the Portuguese Republic, the Parliament recommends the Government: 1 – which envisages, in the law of criminal policy, adopted pursuant to article 7 of law No. 17/2006, of 23 May, the obligation of the Prosecutor to promote, in accordance with the directives and generic instructions approved by the Attorney General of the Republic the application of commonly known as ' sorry ' status to the accused or convicted for committing the crimes referred to in articles 372º, 373º, 374º, 377º, 379º, 375º, 382º, 383º, 384º and 385º of the Criminal Code, offences provided for in articles 16, 17, 18 and 18A of the law No. 34/87, of July 16, as amended by law No. 108/2001, 28 November in the crimes referred to in articles 8, 9, 10 and 11 of law nº 50/2007 of 31 August, and still on the crime of fraud in obtaining allowance or grant;

2 – which, in the Committee for the review of Criminal Law appointed by the Ministry of Justice, analyze and formulate the necessary amendments to the Criminal Code and the code of criminal procedure which leads to the creation of a new status of "sorry" in the Portuguese legal system;

3-that the mandate of the Commission be extended for a period of 45 days specifically designed for this purpose.

Palácio de s. Bento, 15 December 2009.