Latest news and stories about judicial system in government in Portugal for expats and residents.
Susana Seca rejected Luís Carlos Esteves' request for 20 days to familiarise himself with the case.
The court recognised Luís Carlos Esteves as Sócrates' court-appointed lawyer, but as he was not in the room at the start of the trial, it was the lawyer on duty, Humberto Monteiro, who ended up representing the former prime minister. A third lawyer, Filipe Batista, had held a power of attorney from Sócrates to represent him, but as he was not immediately granted ten days to consult the case file, he was not appointed.
The former prime minister also criticised the statements made by the head of the Bar Association to Observador, in which he explained that a draw was not mandatory to appoint a substitute for the defence.
The High Council of the Judiciary (CSM) will begin providing court-appointed lawyers in 'highly complex' cases with SEGIP, an electronic system for procedural information management. The goal is to 'ensure better working conditions' for lawyers. This digital tool, developed by the CSM itself, allows for the organisation and analysis of highly complex procedural information, integrating...
Three lawyers were assigned to José Sócrates. In the trial of the Marquês Case, the former prime minister chose a new defence lawyer. The Bar Association appointed a court-appointed lawyer, and the court appointed another.
The trial session was interrupted.
His name is Filipe Batista, he has been defending Sofia Fava in the Operação Marquês case, and he is the fifth lawyer chosen by Sócrates. This Tuesday, the Bar Association had announced another public defender to represent the former prime minister, who is now on standby.
Luís Carlos Esteves has been named as the new court-appointed lawyer for José Sócrates in the Operação Marquês trial, according to CNN Portugal. Esteves previously represented João Perna, the former driver of the ex-prime minister, in the same case. The appointment follows an agreement between the Bar Association and the High Council of the Judiciary to select from a list of lawyers already familiar with the proceedings. The trial was interrupted on Tuesday, March 17, as the judge had not yet received formal notification of the appointment. Sócrates, prime minister from 2005 to 2011, faces 22 charges, including corruption, money laundering, and tax fraud, alongside 20 other defendants. The case involves alleged illicit dealings with the Lena Group, the Espírito Santo Group, and the Vale de Lobo resort. Since his arrest in 2014, Sócrates has had four private lawyers, all of whom have either passed away or resigned, leading to a series of court-appointed replacements.
The PSD has submitted a legislative initiative to Parliament proposing the suspension of judicial proceedings when defense lawyers are replaced, aiming to prevent dilatory tactics that lead to the statute of limitations expiring. The proposal, part of a broader effort to increase judicial efficiency, seeks to balance the right to defense with the need to prevent the systematic replacement of lawyers from being used to delay cases. While the PSD MP Paulo Lopes Marcelo highlighted the need to address weaknesses in the system, former Prime Minister José Sócrates criticized the move as politically motivated, claiming lawyers often resign due to insufficient time to prepare defenses. The proposal is currently in the early stages of the legislative process, with the party seeking input from judicial bodies.
The article critiques Portugal's process for selecting judges of the Constitutional Court, highlighting concerns over political influence and lack of independence. It points out instances where judges have left the Court for political roles or quickly transitioned into government positions, undermining judicial independence. The current appointment system, involving election by the Assembly of the Republic in lists rather than individual nominations, is seen as problematic, as it favors political agreements over merit. Additionally, the minimal educational requirements—only a law degree—allow recently graduated lawyers to become judges, which the author considers inappropriate. Overall, the article advocates for reforms to ensure a more transparent, merit-based, and independent selection process for Constitutional Court judges in Portugal.
lei-e-ordem.blogspot.comThe helicopter pilot and sole survivor of the crash, which occurred in August 2024, has been indicted. Only the trial can unlock the payment of compensation.
The PSD has submitted a proposal to parliament to suspend limitation periods for criminal proceedings when a defence lawyer is replaced, in order to prevent delaying tactics. If this proposal were already in force, it could affect cases such as that of former Prime Minister José Sócrates, who has had four lawyers of his own choosing as well as several court-appointed ones in the Operation Marquês case, which is currently on trial. The proposal involves an amendment to Article 120 of the Penal Code, which provides for the suspension of the limitation period during the time that the 'instructional debate, hearing, or act in which assistance is necessary is interrupted or postponed due to the replacement of the defendant's counsel'. The bill submitted to the Assembly of the Republic is an amendment to the Government's proposal to change the Code of Criminal Procedure and the Regulation on Court Costs, which is currently under discussion in the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees.
If this proposal were already in effect as law, it could affect cases such as that of former Prime Minister José Sócrates.
The Social Democratic Party (Partido Social Democrata or PSD) proposed a law to suspend the statute of limitations (prazos de prescrição) when a defendant changes lawyers. The move aims to prevent “dilatory maneuvers” used to delay trials, citing the long-running case of former Prime Minister José Sócrates as an example. Those following the legal system should note the proposal targets the “carousel” of lawyer resignations that can lead to cases expiring.
José Sócrates is a former Portuguese Prime Minister who led the Socialist Party government from 2005 to 2011. He has been a central figure in high-profile legal cases linked to Operation Marquês, and recent reports say he plans to complain to the UN about Portugal's justice system.
The high court refused Monsanto and even attempted to have the Ministry of Justice cover the expense, but without success.
Despite the headwinds, the right to speak and express what is on our minds (even if erroneously) is still respected at the ECHR. Opinion by Francisco Teixeira da Mota.
A legislative proposal seeks to introduce bad-faith litigation penalties into the Code of Criminal Procedure, mirroring civil law. However, this analysis argues that such a move is fundamentally incompatible with the accusatory nature of criminal law, the presumption of innocence, and the defendant's right to silence, as it incorrectly imposes duties of cooperation and truth-telling that do not exist for the accused.
Resigning from a mandate is indeed a right. However, it is not a shield for abuse nor a mechanism to manipulate the progress of legal proceedings.
The withdrawal of court-appointed lawyers and the replacement of legal counsel is not unique to former Prime Minister José Sócrates, who is facing trial for 22 crimes. Nuno Matos, president of the Portuguese Judges' Union Association (ASJP), notes that while it does not happen every day, it is more common than imagined, though the high-profile nature of this case makes it appear more significant. Following the resignation of Sócrates' fourth court-appointed lawyer, the court has scheduled the playback of recorded testimonies for the next 20 sessions to allow future counsel time to prepare without halting the trial.
Between a death and resignations, Operation Marquês is not progressing in the courts. The legal loophole exploited by Sócrates through the resignation of his defence team threatens to collapse the entire case.
CNN Portugal commentator Luís Rosa argues that former Prime Minister José Sócrates' attempts to stall his trial undermine public trust in democracy, while Minister Leitão Amaro emphasizes the need to protect media independence from political interference.
José Sócrates is once again without a lawyer after Marco António Amaro resigned from defending the former prime minister in Operation Marquês. Henrique Machado, Society editor at CNN Portugal, analyses the consequences of the decision.
Resignations by José Sócrates' lawyers suspended 35 sessions, resulting in a 93-day delay. The judge criticises the “impasse” since November, and new statute of limitations expirations are set to occur in June.
Judge Susana Seca has ruled that lawyer Marco António Amarote must continue representing José Sócrates until a successor is appointed, preventing further delays in the Operation Marquês corruption trial.
