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Courts allow to prescribe, on average, three processes per day

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Courts allow to prescribe, on average, three processes per day

Post by Pedro Silva on Thu Sep 13, 2012 5:39 am

My friends, I found this:

http://www.asjp.pt/2012/03/03/tribunais-deixam-prescrever-em-media-tres-processos-por-dia/

translation:

Courts allow to prescribe, on average, three processes per day

Courts allow to prescribe, on average, three processes per day

More than five thousand defendants escaped possible conviction between 2008 and 2010, but the number of cases fell 58 percent • disciplinary proceedings were instituted seven judges for the prescriptions since 2009

Prescribe an average of three cases a day in court

More than five thousand defendants escaped possible conviction in the last three years due to the prescription of crimes

Every day, there are three criminal cases that prescribe in the Portuguese courts. About half concerns "piecemeal legislation" for crimes that are not criminalized in the Penal Code and have a shorter limitation period.

Between 2008 and 2010, 5341 were the defendants accused of having committed crimes that have not been finally convicted because their prescribed procedures, refer to the Ministry of Justice regarding the processes in the trial phase ended in the courts of first instance.

Half of these prescriptions was observed in crimes contained in laws autonomous spare codes.

Firstly, the crimes are issuing a check without funds, followed by tax crimes and driving without legal authorization. The following are the crimes against property and against people.

The evidence demonstrates, however, that both the number of defendants, such as prescriptions, fell so evident every year since 2008.

Over the past three years, the percentage of the decrease is 58.2%.

A note accompanying the statistics of justice explains that the defendants have not been convicted of variation observed between 2008 and 2009 (lowered from 2673 to 1552) can, according to some courts, be attributed to a Constitutional Court ruling published in 2008. In 2010, that number decreased to 1116. This judgment declares generally binding the unconstitutionality of the provision stipulating that the limitation of proceedings was suspended with the declaration of default (for persons who refuse to appear in court for trial). As a result, the limitation periods in many cases (which vary depending on the type of crime) were shortened ending for that reason.

Data from the Attorney General's Office also declined indicate that the inquiries instituted magistrates to investigate the facts relating to the limitation of proceedings. From 11 in 2009, dropped to seven in 2010, increased again to 10 in 2011. Of these only one was converted into a disciplinary process and another applied a penalty of a fine, the rest having been filed. The year before, in 2010, three of those cases were processed in disciplinary proceedings with the application of a fine and a penalty was applied warning. In 2009, three out of 11 cases were converted to disciplinary proceedings. The remaining were filed.

Regarding judges, there is news only a disciplinary sanction imposed by a judge "related to a case of limitation in a criminal process," according to the Superior Council of Magistracy (CSM).

"Inefficiency of the system"

In March last year, a report of Transparency and Integrity, Civic Association (TIAC), the national contact point of the non-governmental organization Transparency International, warned that many accused of corruption go unpunished due to the limitation of legal proceedings.

Its president, Luís de Sousa, considered then that "the prescription of criminal corruption not only demonstrates the maximum inefficiency of the judicial system and judiciary to proceed with the prosecution of the agents of this crime, as conveys the idea of ​​its easy manipulation by certain defendants with more political or economic influence. " Based on a report on "the impact of statutory prescription in fighting corruption," the TIAC recommended "the creation of new grounds of suspension and interruption of limitation periods, such as the suspension of the time limits in cases of requests for bilateral cooperation or letters rogatory, or the appeal to the Constitutional Court. "

The non-exercise of a right can lead to their loss. This is what occurs in certain types of prescriptions. Others are the result of the delay of justice and, in some cases, abuse in incidents that are created to save time in the process.

For the president of the Bar Association, Marinho e Pinto, these abuses occur only because "the courts do not decide in time." The real problem, accused in statements to the PUBLIC, "is in the magistrates" who "take years to decide" cases. Calls delaying tactics "are not the cause but the consequence of the slowness of justice," he observes.

Judge Manuel Ramos Soares, Vice President of Association of Portuguese Judges, points to two main causes of prescribing processes: first, the "excessive length of the investigation," which leads sometimes to accuse prosecutors when processes are about prescribing the judges and not the end because the trials, however, prescribe the processes. A perspective rejected by Rui Cardoso, the Union of Prosecutors (SMMP) that ensures that the requirements under investigation are "extremely rare."

The "maneuvers" of lawyers to gain time processes are identified as the second major cause of prescriptions by Ramos Soares. There are other cases in which judges have excess processes which fail to respond, as in the court of Santa Cruz, Madeira, in which each magistrate has 8000 processes. "It's impossible not to prescribe," says.

once inside this link, scroll down, it is related with the translation above:

http://www.mynetpress.com/pdf/2012/marco/201203032abe21.pdf




Pedro Silva
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Number of posts : 5567
Location : Portugal
Registration date : 2008-10-20

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