Despite Portugal being one of the countries with the lowest crime rates, according to... Daily News, There are cases where lawyers need to act in the defense or prosecution of a criminal case. 

Want to know the differences between a defense attorney and a prosecuting attorney? Have questions about each lawyer's role? This article will clarify all your doubts!

If you are looking for a defense attorney or a prosecution attorney, contact Catarina S. Gomes – Lawyers in Braga to find the best solutions for your problems! 

According to Portuguese law, a lawyer is a licensed lawyer with a valid registration in the relevant body. Bar Council and who is qualified to perform the acts specific to lawyers, namely legal advice and with powers of representation in the name and on behalf of the client, and who makes the practice of these acts a profession.

Defense Attorney: What is it?

A defense attorney is responsible for defending the accused in a crime, having the duty to ensure all of their rights, whether the accused is guilty or innocent. 

The defense attorney is the person who will counter-argue the accusations made against their client, always trying to demonstrate their innocence or mitigate the potential sentence. 

The defense attorney can accompany the defendant from the first statement to the authorities until the final moment in court, if applicable, always fighting for their client's rights. 

Sometimes defense lawyers are judged by society for defending someone they know is guilty; however, a lawyer does not condemn, does not judge, and is simply doing their job. The right to a defense is a fundamental right guaranteed to all by law!

Can a person defend themselves in court?

In Portugal, the powers of a defense attorney are not compatible with the status of a defendant; therefore, it is not possible for a person to defend themselves! 

The defense attorney may exercise the rights that the law grants to the defendant, except for those that must be exercised personally by the defendant, such as waiving their right to be present at the trial or withdrawing an appeal. 

In Portugal, only the authorities can carry out investigations; no other body or person can conduct investigations. 

Can all decisions be appealed?

The law establishes some exceptions regarding appeals. Decisions of a bureaucratic nature that do not affect the rights of the parties involved in the proceedings are not appealable, nor are convictions handed down by the court. Court of Appeal that apply less severe penalties, such as a fine, imprisonment for up to 5 years, or even imprisonment for up to 8 years, provided that this was the decision of the court of first instance.

At Catarina S. Gomes – Lawyers in Braga, we have a team with experience in Criminal Law!

Prosecution Attorney: What is it?

Prosecution lawyers are hired by victims, or their families, to assist the victim in all procedures, providing advice, informing them of all their rights, and, most importantly, helping to defend their rights.

The lawyer's role depends on the victim's position. If the victim is only participating in the process as a witness, the lawyer cannot intervene, but can only inform them of their rights and assist in the actions in which the witness participates. 

If the victim participates as a civil party and requests compensation exceeding 5000 euros, they are required to have a lawyer to defend their rights. If the compensation is less than this amount, having a lawyer is not mandatory, but they may choose to have one. 

If the victim becomes an assistant in a legal proceeding, they must be represented by a lawyer to defend their interests, for example, in presenting and requesting evidence, questioning the defendant and witnesses, among other things. 

What does it mean for a victim to become a legal representative?

A victim, when wishing to intervene directly in the process, must become an assistant. If they do not do so, they are only designated as the complainant and are limited to filing a complaint. 

As an assistant, she assumes a collaborative position with the Public Prosecutor's Office. 

The assistant is entitled to: 

• to intervene in the inquiry and investigation, offering evidence and requesting any actions deemed necessary;
• to draw an independent accusation from that of the Public Prosecutor's Office;
• to appeal decisions that affect them, having access to the essential procedural elements, without consequences of the regime applicable to judicial secrecy; 
• to participate in the hearing, and may make arguments at the end of it through their lawyer;
• to pronounce on the means of proof;
• to call witnesses and question them;

Public Prosecutor's Office

O Public Prosecutor's Office It is a constitutional body with the power to initiate criminal proceedings, represent the State, defend democratic legality and the interests determined by law, and participate in the execution of criminal policy defined by the sovereign bodies. 

The Public Prosecutor's Office has the role of collaborating with the court in discovering the truth and upholding the law. 

This body has specific functions, such as:

• Receiving complaints, grievances, and reports;
• direction of the investigation;
• The issuance of a final decision that concludes the investigation by indictment, dismissal, or any other legally established means of reaching a consensus;
• The substantiation of the prosecution's case during the investigation and trial;
• The filing of appeals, even if solely in the interest of the defense;
• promoting the execution of sentences and security measures.

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Are all defendants entitled to a lawyer?

A Portuguese Constitution It establishes that everyone has the right to a lawyer, everyone has the right to legal information and consultation, to legal representation, and to be accompanied by a lawyer before any authority. 

In criminal proceedings, this guarantee is further reinforced because any defendant has the right to choose a lawyer and to be assisted at every step of the process. 

Furthermore, the law establishes certain acts where the presence of a defense attorney is mandatory, such as during the interrogation of a detained or imprisoned defendant, interrogations conducted by judges or public prosecutors, preliminary hearings, and trial hearings. 

The fact that you can't hire a defense attorney doesn't mean you'll be without one!

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