Questionnaire Portugal
I.20 What are the main simplified procedures?
Where a crime is punishable with fine or
imprisonment not over five years, the public prosecutor can produce a bill of
indictment for trial by simplified procedure based upon the notice of the crime
or a summary preliminary investigation, provided that a 90-day period has not
elapsed since the day the crime was committed (sects. 391-A to 391-E CCP).
The trial under simplified procedure is governed by the same provisions applied to the trial under ordinary procedure, except for the fact that the judgement is immediately read in loud voice and dictated to the minutes (sect. 391-E CCP).
In case of a crime punishable with imprisonment not over three years or with fine only, and where the public prosecution service deems the imposition of a non-custodial sentence, it requests the court that the respective imposition be made under extra-summary procedure (sect. 392 CCP).
This request must contain the defendant’s particulars, a summary of the facts for which he stands accused, the violated statutory provisions, the evidence collected, the reasons why the public prosecutor believes that no custodial sentence should be imposed, and the requested sanctions (sect. 394 CCP).
If the judge accepts the request and the defendant does not oppose it, the judge orders the imposition of the sanction as proposed by the public prosecutor. The judge can also decide to impose a different sanction provided that both public prosecutor and defendant agree (sects. 395-397 CCP).
Any person arrested while committing a crime punishable with imprisonment with a maximum limit of not over three years – or where, although over three years, the public prosecutor considers it appropriate to apply a custodial sentence not exceeding that limit – is tried under summary procedure where the arrest has been made by a judicial or police authority and the trial session is to be held within 48 hours after arrest (sect. 381 CCP).
In trial under summary procedure the acts and documents produced are reduced to the minimum indispensable for the knowledge of the cause and for good decision-making, and the judgement is immediately rendered in loud voice and dictated to the minutes (sects. 385-388 CCP).
The trial under simplified procedure is governed by the same provisions applied to the trial under ordinary procedure, except for the fact that the judgement is immediately read in loud voice and dictated to the minutes (sect. 391-E CCP).
In case of a crime punishable with imprisonment not over three years or with fine only, and where the public prosecution service deems the imposition of a non-custodial sentence, it requests the court that the respective imposition be made under extra-summary procedure (sect. 392 CCP).
This request must contain the defendant’s particulars, a summary of the facts for which he stands accused, the violated statutory provisions, the evidence collected, the reasons why the public prosecutor believes that no custodial sentence should be imposed, and the requested sanctions (sect. 394 CCP).
If the judge accepts the request and the defendant does not oppose it, the judge orders the imposition of the sanction as proposed by the public prosecutor. The judge can also decide to impose a different sanction provided that both public prosecutor and defendant agree (sects. 395-397 CCP).
Any person arrested while committing a crime punishable with imprisonment with a maximum limit of not over three years – or where, although over three years, the public prosecutor considers it appropriate to apply a custodial sentence not exceeding that limit – is tried under summary procedure where the arrest has been made by a judicial or police authority and the trial session is to be held within 48 hours after arrest (sect. 381 CCP).
In trial under summary procedure the acts and documents produced are reduced to the minimum indispensable for the knowledge of the cause and for good decision-making, and the judgement is immediately rendered in loud voice and dictated to the minutes (sects. 385-388 CCP).
