Questionnaire Portugal
I.28 In case of a diversionary measure, who needs to give his consent?
The provisional stay of the cause depends upon the
agreement of the investigation judge, the defendant, and the aggrieved party
(sect. 281(1) CCP).
In case of ill-treatment situations relating to spouses or two persons living in similar conditions, or a parent of a common child in direct line, the public prosecution service can also decide to stay the case upon the victim’s request, provided that no similar measure has already been imposed on the defendant by reason of a similar offence (sect. 281(6) CCP).
In case of ill-treatment situations relating to spouses or two persons living in similar conditions, or a parent of a common child in direct line, the public prosecution service can also decide to stay the case upon the victim’s request, provided that no similar measure has already been imposed on the defendant by reason of a similar offence (sect. 281(6) CCP).
