ABC justiça

Account Unit (Unidade de Conta, UC)

The procedural account unit (UC) is a court fee that must be paid to participate in a specific procedural act. The UC is currently set at 102 euros, but is updated every year.

Accusation

An accusation is one of the ways to close the investigation stage. It means that the defendant is accused of committing a particular crime and will be brought to trial.

Appeal

The name given to a claim made by a participant in the process when they disagree with a judicial decision.

Assistant

The status given to victims of crime who collaborate with the Public Prosecutor and actively participate in the criminal proceedings by providing evidence during the investigation phase and appealing against the decisions that affect them. In public and semi-public crimes, it is optional for the assistant to take on the role of assistant. In private crimes, the victim’s participation is mandatory. Being an assistant requires paying both court fees and a lawyer.

Collective Court (Panel Court)

A court composed of three judges who judge cases concerning the most serious crimes.

Complaint (or Report)

The method used to inform the legal authorities that a crime was committed.

Court (With a Single Judge)

A court composed of one judge who judges cases concerning less serious crimes.

Courts

The judicial bodies with the authority to administer justice.

Crime

Any voluntary behaviour that violates criminal law.

Criminal Police Agencies

The entities that cooperate with the judicial authorities in the investigation of a crime. The Judicial Police (Polícia Judiciária, PJ), Public Security Police (Policia de Segurança Pública, PSP), the National Republican Guard (Guarda Nacional Republicana, GNR), and the Foreign Nationals and Borders Service (Serviço de Estrangeiros e Fronteiras, SEF) are all organs of the criminal police.

Declaration of Identity and Residence

The least serious of the restrictive measures that can be applied to a defendant. This measure must always be enforced when someone becomes a defendant. The defendant cannot change residence or be absent for more than five days without requesting permission. The defendant is also required to report to the authorities whenever they are notified.

Defence Attorney

The lawyer who defends the defendant’s rights and interests before the legal authorities.

Defendant

The name given to the person who is suspected of having committed a crime.

Electronic Surveillance (Electronic Tags)

The use of remote electronic monitoring technology to verify whether the defendant is complying with their restrictive measures.

Evidence

The proof collected that a crime happened and that it was committed by a particular person. Evidence may include, for example, documents, witnesses, and expert reports.

Expert

É uA person with technical, scientific, or artistic knowledge that is called upon by the Court to collaborate in the criminal proceedings. An expert examines certain relevant facts to establish the truth and produce a report with their findings. s.

Filing

A form of closure of the investigation stage, it means that insufficient evidence was collected to prove that a crime was committed and/or that it was committed by a particular person.

Fine

A fine is a punishment that consists in the payment of a sum by the offender, which is based on the crime committed and the offender’s financial means.

House Arrest

A restrictive measure in which the defendant is prohibited from leaving or being absent from their home without permission.

In Flagrante Delicto

The moment in which an individual is “caught in the act” of committing a crime or having just committed a crime. In flagrante delicto also refers to when, just after the crime is committed, an individual is pursued by someone, or is found with objects or evidence that prove they just committed or participated in a crime.

Instructing Phase (or Pre-Trial Phase)

An optional phase of the criminal process, which takes place between the investigation phase and the trial. It is a second investigation phase, which reviews whether or not the Public Prosecutor’s decision taken at the end of the investigation phase was adequate. This phase only takes place when requested by the defendant or the assistant.

Judge

The public official who decides whether or not a person is guilty of a particular crime in a court of law. They have the power to judge and to apply the Law to specific cases.

Judicial Authorities

Judicial authorities are the judges and the Public Prosecutor.

Judicial Confidentiality

A way to protect the identity of people involved in criminal proceedings, such as the victim or a witness. In cases under judicial secrecy, the public is not allowed to attend the criminal proceedings, the media is not allowed to report specific information regarding the case, and access to the case files are restricted to certain people involved in the case.

Juror

A citizen chosen to participate in a jury trial.

Jury Court

A court composed of three judges and four jury members.

Lawyer

A professional with a degree in law who can advise and represent the various participants in a criminal case, namely the victim as a witness, civil party, or assistant.

Minutes

The official document that describes and records what happened during a particular procedural act in the criminal proceedings, for example the trial hearing.

Notice of the Crime

The official communication that a crime was committed. The Public Prosecutor only initiates the criminal proceedings when they have been informed that a crime was committed through personal knowledge, by the police, or through a report.

Official Report

A document prepared by the police, the public prosecutor, or a judge, whenever they have witnessed any public crime. It initiates a criminal case.

Online Complaint System (Sistema Queixa Electronica)

An online system for making complaints and filing police reports. This system is available online at https://queixaselectronicas.mai.gov.pt/. It can be used for specific types of public and semi-public crimes: simple assault, domestic violence, abuse, human trafficking, pimping, theft, robbery, harm, fraud, extortion, environmental damage, pollution, facilitation of illegal immigration, and marriage of convenience, among others.

Panel Court (Collective Court)

A court composed of three judges who judge cases concerning the most serious crimes.

Penalty

The punishment that applies to anyone who is convicted of a certain crime. The main penalties are a prison sentence or a fine.

Preventive Detention

The most severe restrictive measure that may apply to the defendant, in which the defendant is imprisoned, even before being convicted.

Pre-Trial Judge

The judge responsible for conducting the pre-trial phase who intervenes in the investigation stage to defend the fundamental rights of the participants.

Pre-Trial Phase (or Instructing Phase)

Prison Sentence

A prison sentence consists in depriving the offender of their freedom by making them to spend a certain period of time in prison.

Private Crime

A crime whose criminal proceedings begin only after the victim of the crime reports it. The victim is required to be an assistant in this process.

Public Crime

A crime whose criminal proceedings begin regardless of the victim’s will. These crimes can be reported by anyone and do not require the victim to file the complaint themselves.

Public Prosecution Service

The entity representing the State that receives reports and complaints, leads the investigation, prepares the accusation, and appeals court decisions.

Report (or Complaint)

The method used to inform the legal authorities that a crime was committed.

Restrictive Measures

Restrictions on the freedom of the defendant, which apply when there is the risk of flight, risk to the collection and preservation of crime evidence, danger to public order, and/or danger of further criminal activity.

Ruling (Acórdão)

Similar to a sentence, it is the decision taken by a collective court (3 judges) or a jury trial (3 judges and 4 citizens).

Semi-Public Crime

A crime whose criminal proceedings begin only after the victim of the crime has reported it.

Sentence

É o nome que se dá à decisão de um tribunal singular.

Statements for Future Memory

The testimony of a witness made during the investigation phase. This testimony is recorded and can be used as evidence during the trial. Doing so prevents the witness from having to repeat statements at trial. The participants in this examination, in addition to the judge, are the Public Prosecutor, the defendant and their defence lawyer, and the lawyers of the assistant and civil parties.

Summon

The way to notify people, usually by letter, that they are to participate in a particular legal procedure or to inform them about specific facts or decisions.

Suspect

The person suspected of having committed a crime that can become a defendant.

Suspended Prison Sentence

For prison terms of up to five years, the court can suspend the sentence for a determined period. During this period, the offender is free, but is required to fulfil certain duties imposed by the Court, for example, to receive treatment. If they comply, the sentence is thrown out. If they do not comply or they commit another crime, the offender will have to serve the prison sentence.

Temporary Suspension of the Process

A way of closing the investigation phase, in which the accused is given the opportunity to not be brought to trial. It can be applied to crimes punishable with either a prison term of no more than five years or a fine. The defendant is required to comply with a set of injunctions or rules of behaviour for a given length of time. If the defendant complies, the case is dismissed, otherwise, the criminal proceedings continue.

Trial

The phase of the criminal proceedings in which evidence is presented and all of the people involved in the process are heard. A trial is usually a public hearing and ends with the delivery of a sentence or ruling (ácordão in Portuguese).

Victim with Special Protection Needs

A victim who, given their personal characteristics, the type or nature of the crime they suffered and/or the circumstances under which it occurred, is particularly vulnerable to repeated victimisation, intimidation, or inappropriate treatment, and is thus in need of some special care, particularly protective measures.

Videoconference

A way to make a statement via an audio-video link without having to be present in the court where the hearing is taking place. The person making the statement is heard in a court closer to their residence, although the questions are being asked to them by the people (the judge, public prosecutor, lawyers) who are in the court where the criminal proceedings are taking place.

Witness

Anyone who, due to their knowledge of what occurred, is called upon to collaborate with the authorities in uncovering the truth about a particular crime.