Questionnaire Portugal
I.33 Under which circumstances?
The contents in the bill of indictment can be
altered where, in the course of the trial session, there is a non substantial
change in the facts laid down in the bill of indictment or in the indictment
relevant to the decision-making, in which case the judge informs the defendant
and grants him a period of time strictly necessary for his defense (sect. 358 CCP).
A substantial alteration in the facts laid down in the bill of indictment or in the indictment cannot be taken into consideration by the Court for purposes of sentencing in the ongoing case, unless the public prosecutor, the defendant and the aggrieved party agree upon the continuation of the judgment on the new facts brought to the case and such facts do not cause the Court to decline its jurisdiction (sect. 359 CCP).
Any alteration which adds a new offence or aggravates the maximum limits of the applicable sanctions is deemed a substantial alteration of the facts (sect. 1(f) CCP).
A substantial alteration in the facts laid down in the bill of indictment or in the indictment cannot be taken into consideration by the Court for purposes of sentencing in the ongoing case, unless the public prosecutor, the defendant and the aggrieved party agree upon the continuation of the judgment on the new facts brought to the case and such facts do not cause the Court to decline its jurisdiction (sect. 359 CCP).
Any alteration which adds a new offence or aggravates the maximum limits of the applicable sanctions is deemed a substantial alteration of the facts (sect. 1(f) CCP).
