Opinion (Rogério COPETO / Official GNR): ASK JUSTICE.
For those who have been in a certain trial hearing that heard, at least one time, the phrase "I ask justice", almost always rendered by defense lawyers, that lack of arguments, They have nothing more to say in defense of the defendant, and now, for lack of words, what arguments, also say ask justice.
Rogério COPETO
Lieutenant Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
Head of the Education Division / Command Doctrine and Training
There were several court decisions brought to the attention of public opinion last week, that put us to reflect on whether or not done justice, with the first example, the case reported by several OCS, including the Morning Mail 23 January in the article entitled "Grab the neck is not domestic violence", by TVI24 of 23 January in the play "Courts differ in alleged case of domestic violence", by Express 25 January in an opinion article Paula Cosme Pinto authored entitled "If you do not have bruises, It is not domestic violence"And TSF part of the day 23 January with the title "Court of Évora: Grab by the neck and pushing is not domestic violence", where it is stated that "the Court of Évora Relationship acquitted in December a man convicted of the crime of domestic violence, after concluding that acts like grabbing the victim by the neck not add up abuse", in a case where the defendant was sentenced in June 2015 by Vila Viçosa Court, to two years and two months for the crime of domestic violence, taking the penalty was suspended by submission to treatment for alcohol dependence. Now come the Évora Court of Appeal pronounced the judgment acquittal based on "it is not, because, the mere fact that the defendant drinking alcohol, or take either incorrect attitude toward the victim (for example, go 'make money' portfolio this), or, a time, after insulting the victim, have grabbed the neck of this with one hand (…), we can conclude that there is a victim of abuse, towards typified in incriminating precept of domestic violence".
This decision is contradicted by the experts, It may be in part TSF know the position of spokesman APAV, Daniel Cotrim, than "He lamented that appears to be 'the general idea still that domestic violence is confused with other things', adding that “everything that happens within the family life and that is related to victimization and crime, obviously, domestic violence ... and that the Portuguese justice follows 'a pattern to minimize' the situations that may be related to domestic violence, stating that 'if there is no murder or murder attempts, in situations, they remain extremely undervalued '". Also the Secretary General of the opinion of the Trade Union Association of Portuguese Judges, John Paul Raposo was heard by TSF, stating that "It admits that the law is volatile and 'very broad concepts', open to interpretation that can go from offense to physical integrity to the crime of domestic violence.".
This ongoing issue to raise debate and therefore the News Journal of 31 January gives you highlighted in the article entitled "Domestic violence: in the courts, each head his sentence", where the "if the Court of Évora Relationship"Is given as an example to explain why the saying"Each head his sentence"Rests comfortably in domestic violence cases that reach the courts, which is one of the main conclusions of the Permanent Observatory of Justice in the "Evaluative study of judgments on domestic violence", to be published by the Commission for Citizenship and Gender Equality.
Coincidentally or not, on 26 January, it was time to get from Russia the news that the Members of that country approved a bill, which provides that the suspects of the crime of domestic violence, They are not penalized if the victim did not need hospital treatment, with the News Journal that same day, given prominence to this subject in the article entitled "Russia closer to decriminalize domestic violence", where you meet the Kremlin's spokesman opinion, Dmitry Peskov, that quoted by the BBC said pleased by the approval of the proposal, saying that "it is important to distinguish between the 'family relationships' and repeated incidents of violence. No doubt it takes a legal settlement that creates a barrier to domestic violence. But also can not equate minor cases of family violence", adding the Russian Deputy Andrei Isaev that "It was a historic vote, because in some countries the state's role in family life exceeds all limits". On the other side of the fence is a lawyer specializing in gender violence Mari Davtian considered that the new law "absurd"And that"s victims must gather all the beating of evidence and go to all the places in court to prove. It's an absurd"Leading to "in 90% cases the victims will not make any complaint, because the procedure is very complicated and because the abuser is someone who is at home".
Although at first sight we can think that we are still far from the Russian reality, it seems to me that both situations have the same result, because in the first case were the Portuguese courts that dismissed behaviors that experts consider to be criminal, this devaluation for Russia was made by its Members, with the victims, Portuguese and Russian, the same serious consequence: not to denounce the aggression they suffer.
Another case which seems to have been done justice was reported by several OCS, including the Sun 26 January in the article "Woman filmed ordering her husband's death was acquitted", and the News Journal on 26 January with the title "Woman filmed ordering her husband's death was acquitted", who were aware of the acquittal of a woman who was filmed ordering the death of her husband, He is also charged with two counts of attempted murder and that "the judges of the Court of S. John New, no Porto, They gave as proven that the defendant ordered the death of Antonio Quintas, but it was all an attempt of instigation".
In other words, wish death to someone is not a crime, even if it offers 175 thousand euros, the third person to do, having the same filmed the contract and reported to the authorities, and so made it proves that wanted her husband's death, that still took the Court, stating that only wanted to "his death", denying however that the goal was to inherit his fortune, valued at million. Thus concluding that the defendant had no monetary motivation for wanting her dead husband, It was enough for him that it would stop breathing, because yes, and he hired a "killer", not having this conduct was regarded as a preparatory act of a crime, because after all it hired the wrong people. There are no more professionalism in the world of assassins.
Another crime that now knew the outcome was the trail of Algerian citizens at the airport Huberto Delgado, we had to opportunity here to address in the articles "Security at aerodromes and national airports” e “Insubordination, Algerians fleeing and homicides", having it been reason to parody, the humorous caption of Ricardo Araújo Pereira authored called "Themed mixórdia", the program "Morning Trade", Radio Commercial, with the title "Second Circular seduces Algerians. Tourism in known fast track". It was known now that all Algerians were acquitted by the practice of various crimes, according to the Morning Post's articles 27 January with the title "Algerians who fled the airport were acquitted"And the Observer 27 de Janeiro called "Algerians who fled from Lisbon airport were acquitted", themselves known, Since the Court of Lisbon acquitted the two Algerians who had fled the airport Humberto Delgado considering "That the testimony of witnesses and the matters in case nothing follows that the defendants have committed the attack of crimes to the safe transport and introduction in enclosed public place". The article quoted the judge also said that despite the social alarm caused by the escape and be this objectionable behavior, not enough to condemn the perpetrators of the crimes they are accused, having the same acquitted the practice of bombing crimes to the safe transport and introduction in place prohibited to the public, wherein, relatively to this, the prosecution found itself extinct, because the ANA did not complain.
The trial was held in the absence of the accused, since both had already returned to their country of origin, that is why, If the Portuguese justice had condemned the, the penalty would be extradition, so it was done justice, even before the Court's decision.
Finished article, that will have long, outcome to give account "soap opera" about the attacks of Ponte de Sor, where are Iraq's ambassador to the children suspected, and the Ministry of Foreign Affairs revealed now, Iraq withdrew its ambassador to Portugal and decided not to raise immunity to the two brothers, as Article Observer 19 January with the title "Iraq withdraws ambassador from Portugal: lawsuit goes there, Bagdade", at a time when the prosecution said to have collected evidence showing that two Iraqi brothers attacked the young of Ponte de Sor, of 16 year old, "with violence"And that"They acted with intent to take life" the victim, Public article as of 19 January with the title "Prosecutor was ready to accuse ambassador children if immunity had been lifted". It now remains whether the procedure continues or is terminated, and that the opinions are divided, Observer article as "Case Ponte de Sor. Proceedings in Portugal continue or are closed?", where it is stated that "The court case involving the sons of the Iraqi diplomat who assaulted a young man in Ponte de Sor should follow in Iraq. In Portugal the public prosecutor will now decide archiving".
It thus appears that the victim's family withdrew the complaint, considering justice have been made, to have received the amount deemed fair, the MP gathered sufficient evidence to charge the suspects and the suspects are abroad, concluding that this case is practically impossible to do justice to the courts.
