According to the Daily News, Portugal is one of the countries with the lowest crime rates. However, this does not mean that crime does not exist and it is necessary Lawyers to defend defendants or victims in a criminal case. 

In this article, you will learn everything you need to know about Criminal Law and the role of lawyers in criminal proceedings. If you still have questions, do not hesitate to contact us and we will take care of everything for you! Catarina S. Gomes is located in Braga and has the best lawyers to solve your problems!

 

A criminal process is a legal proceeding in which evidence is presented to a judge or jury to determine whether a person accused of a crime is guilty or innocent. The process generally begins with the police investigating a crime, arresting a suspect, and then presenting evidence to a prosecutor. If the prosecutor believes there is enough evidence, they will file charges against the suspect. The suspect, or their legal representative, will then have the opportunity to respond to the charges. If the case goes to trial, evidence will be presented by both the prosecution and the defence. The judge or jury will then make a decision based on the evidence presented.

A criminal proceeding is a sequence of actions undertaken to determine whether a crime has occurred and, if so, what legal consequences it should have. Thus, a criminal proceeding can be divided into several stages:

• Crime

Crime is any behaviour committed against someone's liberty, physical or moral integrity, life, or property, for example. The penalties applicable for these acts are provided for in the Portuguese Penal Code.

• Complaint

The complaint is the first step in a criminal proceeding. It can be defined as the communication to the authorities of a crime that has occurred. 

• Investigation

The next phase is the investigation. The police, under the supervision of the Public Prosecution Service, will collect evidence to determine if the crime actually occurred and who was responsible. During this phase, some measures may already be applied to the defendant. 

• Final Investigation Decision

At the end of the investigation, the evidence is sent to the Public Prosecution Service. If there is sufficient evidence, the defendant will go to trial. If there is insufficient evidence, the case will be archived, although it may be reopened if new evidence emerges.

• Trial

The trial is the decisive phase of a criminal proceeding. The judge gathers the evidence and analyses it so that a decision can be made and what the sentence of the defendant is.

• Appeal (if the sentence is not agreed with)

If you do not agree with the sentence, you can appeal. In this case, you must state why you do not agree with the decision. Please note that there is a time limit for lodging an appeal. 

 

Criminal Law: what is it

O Criminal Law It is the branch of law that links security measures, prison sentences or fines to criminal action. It is through Criminal Law that the State ensures the protection of society's assets and interests. Criminal Law establishes principles that set out the foundations and limits of a society. With this, the limiting principles of Criminal Law emerged, among which can be highlighted: 

• Principle of legality A behaviour cannot be considered criminal, nor can any criminal penalty be imposed, without a law defining it as a crime and assigning the corresponding sanction.;
• Principle of legality – the regulation of certain matters must necessarily be done by means of formal law, in accordance with the constitutional provisions in this regard;
• Principle of minimal intervention – criminalisation is only legitimate if it constitutes a necessary means for the prevention of attacks against important legal interests;
• Principle of the retroactive application of the more favourable criminal law – the new law, if more favourable to the defendant, shall always apply retrospectively;
• Principle of culpability – there is no crime without guilt, therefore it is not possible to apply a penalty without guilt on the part of the perpetrator of the crime;
• The principle of humanity in criminal law – sanctions that affect human dignity, such as the death penalty or life imprisonment, cannot be applied. 

 

The usual services of Criminal Law include: * **Defence of accused persons:** Representing individuals accused of crimes in all stages of the criminal justice process, from investigation to trial and appeal. * **Prosecution of offenders:** Acting on behalf of the state to prosecute individuals believed to have committed criminal offences. * **Legal advice:** Providing guidance and counsel to individuals, businesses, and organisations on criminal law matters, including potential liabilities and preventive measures. * **Representation in court:** Presenting arguments, examining witnesses, and conducting legal proceedings in criminal courts. * **Investigation support:** Assisting in criminal investigations, including advising on evidence gathering and legal procedures. * **Appeals:** Handling appeals against convictions or sentences. * **Sentencing advocacy:** Representing clients during sentencing hearings to argue for the most favourable outcome. * **Plea bargaining:** Negotiating with the prosecution to reach a resolution without a full trial. * **Bail applications:** Representing individuals seeking release from custody while awaiting trial. * **Criminal record expungement/sealing:** Assisting individuals in having certain criminal records removed or sealed.

In the field of Criminal Law, there are various services, of which the following can be highlighted:

• Drafting of a criminal complaint;
• Filing of Habeas Corpus;
• Assistance to the defendant during interrogation by the Public Prosecutor;
• Assistance to the defendant during questioning by the investigating judge for the application of a coercive measure other than a notice to appear and reside;
• Assistance to the investigator during the inquiry phase.;
• Witness support during investigative inquiries, at the investigation, trial preparation and trial stages;
• Monitoring of the inquiry, in its entirety from its opening to its closing, with the performance of all acts and the request of all measures deemed pertinent;
• Deduction of private prosecution in cases of private procedural crime;

• Drafting of a request for hierarchical intervention;
• Opening of proceedings by the defendant in case of indictment, and by the assistant in case of dismissal;
• Monitoring all actions during the investigatory phase;
• Assistance to the defendant and to the assistant in the preparatory hearing;
• Filing of appeals against a final decision of non-prosecution and a decision of prosecution, depending on their admissibility;
• Drafting of defence to the charge and the civil claim;
• Assistance to the defendant at all trial sessions;
• Appeals, by the defendant or the assistant, in case of disagreement with the final decision issued;
• Assistance to the defendant in cases of combined sentences;
• Assistance to the accused in summary, abbreviated, and extremely summary proceedings;
• Monitoring the execution of sentences, specifically in cases of suspended prison sentences; community work; payment of fines in instalments; and, with regard to effective imprisonment, processes for granting parole and judicial release.

At Catarina S. Gomes – Lawyers in Braga, we have a team experienced in criminal proceedings. 

Challenges of a criminal defence lawyer

A criminal defence solicitor can encounter various challenges. Their primary role is to ensure that the law is upheld and to provide a fair defence, regardless of the crime. One of the main challenges for a solicitor is to show society that defending a potential criminal does not make them a criminal too. The solicitor in criminal cases must face all their challenges with dedication and courage, always with the aim of achieving justice. 

 

Lawyers in criminal proceedings: indispensable?

A lawyer working in Criminal Law is indispensable for achieving justice! Their sole aim is to secure a just sentence for the guilty and acquittal for the innocent, which means they are essential for the smooth running of a criminal trial. 

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