A admissibilidade da prova pré-constituída em função dos contributos dos seus intervenientes

• Autor(a) principal: Carvalho, Ana Catarina Nunes
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/153058
• topic: Prova pré-constituída; Declarações para memória futura; Reconstituição do facto; Valoração da prova; Pre-constituted evidence; Statements for future memory; Reconstitution of the fact; Evidence valuation; Direito

The present report is based on the completion of a curricular internship at the Court of Generic Competence of Peniche, where we benefit from the privilege of being inspired by various problems that arise in judicial practice. Among which, the admissibility of the preconstituted evidence depending on the contributions of its participants in different procedural stages, a problem that we chose as the theme for this project. The study mirrored in this report will focus on the analysis of this problem in relation to two specific pre-constituted evidence: the statements for future memory and the reconstitution of the fact (see articles 150.º and 271.º of the Criminal Procedure Code) and in to understand whether the legal treatment to be given to both regimes is similar, or if, perhaps, it will only be so in appearance, rather raising the invocation of different legal issues, also deserving a different weighting and consequently a different solution. Finally, we aim to present critical and innovative solutions, which seem to us to be adjusted and in harmony with the problems studied, with the principles and purposes of criminal proceedings and also with the public interest in the making of justice.