TOP MAP EXIT
PT EN
SUPPORT SERVICES USEFUL CONTACTS Glossary QUIZ Site map
WHAT HAPPENS DURING
THE CRIMINAL PROCEEDINGS
click here to see more about: "THE CRIMINAL PROCESS" click here to see more about: SUMMARY PROCEEDINGS click here to see more about: EDUCATIONAL GUARDIANSHIP PROCEEDINGS

THE CRIMINAL PROCEss:
(When the crime was committed by someone above 16 years old!)

The criminal process is the set of procedures and actions that the judicial authorities and the police conduct after learning that a crime was committed.

   
The Crime
Crime is all voluntary (or in some cases, negligent) behaviour practiced against life, freedom, physical and moral integrity, sexual self-determination, or the property of another person that is prohibited by criminal laws.
... ver mais +
Reporting a crime
A report or complaint is the method of notifying the authorities that a crime happened. Only after a report or complaint is made can the authorities know that a crime occurred and start the investigation. This is the first step in the criminal proceedings.
... ver mais +
Why report?
How do you report a crime?
The investigation
Once the crime is reported, the investigation phase of the criminal proceedings begins. The Police, under the direction of the Public Prosecutor, will seek to determine whether or not a crime happened and collect evidence to identify who committed it.
... ver mais +
Medico-legal examinations
The decision at the end of the investigation phase
At the end of the investigation phase, the police send all the evidence collected to the Public Prosecutor. The Public Prosecutor will decide whether or not there is sufficient evidence that the defendant committed the crime:
... ver mais +
The trial
The trial is a hearing that takes place in a courtroom. During the trial, the judge will compile, listen to and analyse all the evidence that is important to decide whether or not to convict the defendant and impose a sentence for the crime committed.
... ver mais +
What do you do if you are called upon to participate in a trial?
Preparing for trial
The courtroom
What happens at the trial?
What is the crime victim’s role in the trial?
How does the trial end?
The sentence
Tips for testifying
What if you don’t agree with the sentence?
If the Public Prosecutor, the defendant, the assistant and/or the civil parties do not agree with the judge’s decision (sentence or acórdão) they may appeal.
... ver mais +





summary proceedings:

 

Summary proceedings serve to prosecute individuals who are caught in flagrante delicto, that is, when someone is caught in the act of committing a crime or having just committed a crime; or when, immediately after the crime is committed, an individual is pursued by someone or is found with objects or evidence that clearly show that they just committed or participated in the crime.

There is no investigation phase in these proceedings, moving immediately to trial, which, in principle, takes place within just a few days.



Educational guardianship proceedings
(When the crime was committed by someone under 16 years old!)

When a crime is committed by a child or young person between 12 and 15 years old, educational guardianship proceedings apply instead of criminal proceedings. This process aims to reorient the young person to a behaviour in line with the law and the rules of life in society, by showing them that they acted incorrectly and in some cases, by applying guardianship measures to them.

Unlike in criminal proceedings, which are almost always public, educational guardianship proceedings are secret until the jurisdictional phase.
The Crime
Crime is all voluntary (or in some cases, negligent) behaviour practiced against life, freedom, physical and moral integrity, sexual self-determination, or the property of another person that is prohibited by criminal laws.
... ver mais +
Reporting a crime
A report or complaint is the method of notifying the authorities that a crime happened. Only after a report or complaint is made can the authorities know that a crime occurred and start the investigation. This is the first step in the criminal proceedings.
... ver mais +
Why report?
How do you report a crime?
The investigation
Once the crime is reported, the investigation phase of the criminal proceedings begins. The Police, under the direction of the Public Prosecutor, will seek to determine whether or not a crime happened and collect evidence to identify who committed it.
... ver mais +
The decision at the end of the investigation
If the Public Prosecutor comes to the conclusion that no crime was committed, that there is not enough evidence of the alleged crime, or that the application of a guardianship measure is unnecessary, (in the case of less serious crimes) the case is dismissed.
... ver mais +
Jurisdictional phase
After receiving the Public Prosecutor’s request to open the jurisdictional phase, the judge takes an initial decision, in which they can dismiss the case, (in the case of less serious crimes and with the agreement of the Public Prosecutor) set a date for a a preliminary hearing,
... ver mais +
Educational guardianship measures
Guardianship measures can range from less serious (a reprimand), to the most serious (detention measures). The reprimand is a formal admonition of the young person by the judge that draws attention to the wrongfulness of their actions and encourages the young person to conform their future behaviour to the law and the rules of life in society.
... ver mais +
What if you do not agree with the sentence?
The Public Prosecutor, the young person, the young person’s parents or legal representatives or guardians, the victim, or anyone who has been affected by and disagrees with the decision, can submit an appeal within five days of the sentencing.
... ver mais +


Some of the information on this site has been simplified in order to make it as accessible so that anyone can understand it. This simplification does not, however, jeopardize the accuracy and correctness of its contents. The contents of this site do not replace individual legal advice (given by a lawyer). The contents of this site were created by APAV as a part of Projeto ABC Justiça, which is co-financed by the Alumni Engagement Innovation Fund through the United States Embassy. The contents of this site reflect the views of APAV and those entities cannot be be held responsible for any use which may be made of the information contained herein.