The ruling from the Portuguese Supreme Court No. 3/2017 published in Diário da República no. 72/2017, Series I of 2017-04-1 established jurisprudence that “from the close of the criminal investigation with deduction of the indictment , the defendant shall, until the deadline referred to in Article 188/8 of the Criminal Procedure Code, have the right to examine the entire contents of the technical documents relating to the talks or communications heard and to Copies of the parts that he intends to transcribe to join the file, even those that have already been transcribed, provided that the transcription of these parts is justified. ” It is a practice that we hope will now be generalized to all Courts and without bureaucratic and administrative obstacles that sometimes restrict the defendant’s right here recognized to information on concrete and essential aspects of the investigative process against him.
The Legal Animal Regime approved by Law No. 8/2017 – Diário da República no. 45/2017, Series I of 2017-03-03106549655 was published in the Offitial Gazete. The law, which recognizes them as living beings endowed with sensitivity and autonomizes them vis-à-vis people and things, goes into effect on May 1. As regards pet animals, the law states that they must be “entrusted to one or both spouses, taking into account in particular the interests of each spouse and the couple’s children and also the welfare of the animal.” According to the new law, whoever attacks or kills an animal is obliged to compensate its owner or the individuals or entities that have made their rescue for the expenses that they incurred for their treatment. Compensation is payable even if “the expenses are more than the monetary value that can be attributed to the animal”.
The Law no. 5/2017 of March 3th was published in Diário da República, which establishes the regimen of regulation of parental responsibilities by mutual agreement with the Registry Offices Civil Code, amending the Civil Code approved by Decree-Law No. 47344 of November 25, 1966, and the Civil Registry Code, approved by Decree-Law No. 131/95 of June 6. With the entry into force of the law, unmarried parents who wish to regulate parental responsibilities by mutual agreement will be able to do so in the Civil Registry Offices as of April 1, according to a law published today in Diário da República. The law establishes the system of regulation of parental responsibilities by mutual agreement with the Civil Registry Offices in case of “de facto separation and dissolution of union, as well as between unmarried and unmarried parents”. Until now, this possibility was only allowed for married parents.
According to the ACÓRDÃO DO SUPREMO TRIBUNAL DE JUSTIÇA N.º 15/2016 – DIÁRIO DA REPÚBLICA N.º 233/2016, SÉRIE I DE 2016-12-06105322392 the lawyer offended in the criminal process can not represent himself. In this respect, the Supreme Court of Justice ruled that “In accordance with article 70, paragraph 1, of the Code of Criminal Procedure, an offended person who is a lawyer and intends to become an assistant in criminal proceedings must be represented By another lawyer. ‘ It seems to us a bad solution that contradicts the Statute of the Law Bar Association as pointed out by the judge who voted against.
Crédito da Foto: Tim Bogdanov em Unspash