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Tradução e disponibilização
de Códigos: metodologias e
problemas práticos
Teresa Lourenço
27.05.2014
A nossa noção de arguido
Suspeito contra o qual já corre um processo e
que foi constituído como tal, com estatuto
próprio e com direitos e deveres diferentes
dos que recaem sobre os meros suspeitos e
sobre outros participantes processuais.
Constituição de arguido
O Quando lhe deva ser aplicada medida de
coacção ou de garantia patrimonial;
O Quando for detido, quer em flagrante delito,
quer para primeiro interrogatório ou para
aplicação ou execução de uma medida de
coacção ou para ser apresentado perante a
autoridade judiciária em acto processual;
O Quando for levantado auto de notícia que o dê
como agente de um crime e aquele lhe for
comunicado;
O Quando, sendo testemunha e estando a prestar
depoimento surgir fundada suspeita de crime
por ela cometido.
Direitos e Deveres do arguido
O
O
O
O
O
O
O
O
O
Estar presente nos actos processuais que lhe
dizem directamente respeito
Ser ouvido pelo tribunal ou juiz de instrução
sempre que estes devam tomar decisão que
pessoalmente o afecte;
Ser informado dos factos que lhe são
imputados antes de prestar declarações;
Não responder a perguntas feitas sobre os
factos que lhe forem imputados;
Constituir advogado ou solicitar a nomeação
de defensor;
Ser assistido por defensor em todos os actos
processuais em que participar e, quando
detido, comunicar, mesmo em privado, com
ele;
Intervir no inquérito e na instrução, oferecendo
provas e requerendo as diligências que julgar
necessárias;
Ser informado dos direitos que lhe assistem;
Recorrer das decisões que lhe forem
desfavoráveis.
Comparecer perante o
juiz, M.P. ou órgãos de
polícia criminal sempre
que a lei o exigir e para
tal tiver sido devidamente
convocado;
Responder com verdade
às perguntas feitas por
entidade
competente
sobre a sua identidade;
Prestar TIR logo que
assuma a qualidade de
arguido;
Sujeitar-se a diligências
de prova e a medidas de
coacção
e
garantia
patrimonial
Your rights if you’re arrested
If the police suspect you of
being involved in a crime they
can arrest you, but while you’re
under arrest and in police
custody, you have a number of
rights.
Your rights on arrest
The police have a legal
obligation to advise the person
(called a ‘suspect’) that they are
under arrest.
The police should explain to the
suspect why they are being
arrested.
They must read the police
caution to the suspect – which
advises them of their right to
remain silent.
Your rights at the police station
 Get free, independent and private
legal advice;
 Have somebody named by you
informed of your arrest;
 Have medical help if feeling ill;
 See the rules the police must follow
(Codes of Practice);
 See a written statement of your
rights
Your rights when being questioned
The police may question you about the
crime you’re suspected of.
 You don’t have to answer the
questions but there could be
consequences if you don’t;
 The Police must explain this to you
by reading you the police caution.
Releasing the detainee
O
O
O
O
O
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



If it appears that the detainee should never have been arrested in the first
place, the police will order his immediate release.
Otherwise, the question is whether there is already enough evidence to
charge him with an offence.
Release from the police station may be conditional or unconditional.
The police can release the detainee if there is not enought evidence to charge
him. He does not have to pay to be released, but he shall have to return to the
police station for further questioning when asked.
If there are conditions attached to the release, those may be one or more of
the following:
Residing at a specific address;
Reporting to a local police station;
Staying inside the house at certain hours of the day;
Not contacting certain people or going to certain places;
Providing a surety (a sum of money that shall be lost should he fail to attend
court);
He may also be told to surrender his passport.
Detention without charge
O The police cannot generally hold a suspect in
custody for more than 24 hours without charge.
O They can apply to hold him for up to 36 or 96
hours if the detainee is suspected of a serious
crime, eg murder (a magistrates’ court has to
issue a warrant of further detention).
O However, suspects arrested on suspicion of
committing terrorist offences can be held up to a
maximum of 14 days.
Being charged with a crime
O If the detainee is charged with a criminal offence, he
must be given a charge sheet. This sets out the
details of the criminal offence he is being charged
with.
O Once the detainee is charged with a criminal offence,
the police are required to release him on bail unless
one of the following applies:
 The police have doubts about your address;
 The accused needs to be detained for his own or
someone else’s protection;
 There are concerns that he will fail to attend court or
interfere with the administration of justice.
Once the detainee or other suspect is charged, it is
more appropriate to refer to him as the ‘accused’.
Terminology
Arrest:
Suspect:
Defendant:
Accused:
someone suspected of an
offence is lawfully detained by a
constable
a person being investigated in
relation to a particular offence
or offences.
A person who is not yet the
subject of formal proceedings
A person who has been charged
or summonsed.
A person charged with breaking the
law. The term defendant is not
used in Scotland.
The Guardian, 7 September
2007
BBC News, 2007-09-07
What is an arguido?
An “arguido” – normally translated as “named
suspect” or “formal suspect” – is someone who is
treated by Portuguese police as more than a
witness (…)
Under Portuguese law, a person declared an
“arguido” has legal protection that is not
extended to a witness, including the right to
remain silent during questioning and the right to
legal representation (…)
It is not uncommon for people caught up in
criminal investigations in Portugal to declare
themselves “arguidos” in order to receive more
legal protection, particularly if they feel the line of
questioning implies they are a suspect.
People given arguido/a status are officially treated
as a suspect in a crime. (…)
The moment he is constituted as arguido, then he
can not only refuse to answer questions because
they can incriminate him, but also he has the right
to be accompanied in the questionings by his own
solicitor.
Once someone is an arguido they can be arrested,
but only if there is sufficient evidence.
The police can use their powers to bring the
suspect before a judge to ask for restrictions to be
imposed on their movements.
If they do so, they could be banned from leaving
their house or the area, or held in custody while
the case continues.
In this case, the suspect (…) has signed an
identity and residence statement.
It prevents the person moving house or leaving the
country. If they stay anywhere other than their
given place of residence for more than five days
they have to notify police.
Channel 4 News, updated on
08 September 2007
What is an ‘arguido’?
Arguido refers to someone of interest to the
inquiry. While there is no direct equivalent in UK
law, it has become shorthand for ‘formal
suspect’.
As an arguido, the person connected to the case
is granted certain legal rights under Portuguese
law. These include the right to remain silent
during questioning and the right to legal
representation.
Suspects and Portuguese Law
E.U.A.
Suspect: a known person
suspected of a crime.
Police in the early 21st
century began to use
person of interest, possible
suspect and even possible
person of interest to mean
suspect.
Under the judicial systems
of the U.S., once a decision
is approved to arrest a
suspect, or bind him over
for trial, the suspect can be
properly called a defendant,
or the accused.
Suspect: a person who is
believed to by criminal
justice officials to be one
who may have committed a
specific crime, but who has
not been arrested or
formally charged. Once
arrested a suspect is called
a defendant.
Accused: a person who has
been subjected to actual
restraints on liberty through
an arrest or a person
against whom a formal
indictment or information
has been returned
Canadá
“accused” includes
(a) a person to whom a peace officer has
issued an appearance notice under section
496, and
(b) a person arrested for a criminal offence
Swiss Criminal Procedure
Code
For the purposes of this
Code, the accused is a
person suspected,
accused of or charged
with an offence.
German Code of Criminal
Procedure
If the accused cannot be
brought before the
competent judge at the
latest on the day after his
apprehension…
Italian Code of Criminal
Procedure
The moment the suspect
has been arrested (…)
 Once the defendant has
been committed for trial.
 Procedural rights of the
suspect or defendant.
French Code of Criminal
Procedure
 The person held in
custody/detainee/person
concerned
The decision indicting him
is served on the accused.
If the accused, after
being summoned…
Fontes de Pesquisa
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Códigos de Processo Penal suíço, alemão,
francês e italiano.
The Code for Crown Prosecutors
www.gov.uk
www.findlaw.co.uk
A Directory of Legal and Criminal Justice
Terminology” (www.crimeinfo.org.uk)
Emmins on Criminal Procedure by John Sprack
http://safe.met.police.uk
www.courtroomadvice.co.uk
The Guardian – What is an arguido?
Channel 4 News - What is an arguido?
BBC News – Suspects and Portuguese Law
Court Terminology (www.ncdistrictattorney.org)