Relatório de estágio curricular no Juízo Central Criminal de Coimbra - Artigo 356.º do Código de Processo Penal

• Autor(a) principal: Silva, Andreia Filipa Bispo da
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/159933
• topic: Juízo Central Criminal de Coimbra; Tráfico de estupefacientes; Reprodução ou leitura de declarações; Testemunhas; Órgão de polícia criminal; Ministério Público; Central Criminal Court of Coimbra; Drug trafficking; Reproducing or reading of statements,; Witnesses; Criminal police body; Public prosecutor; Direito

It was as part of a four-month internship at the Central Criminal Court of Coimbra that I had the opportunity to attend several trials. But it was, mainly and on a large scale, in trials for crimes of drug trafficking that I saw the request to reproduce or read testimonies given by witnesses during the investigation phase, a prerogative provided for in article 356.º of the Portuguese Code of Criminal Procedure. Now, during these trials, I was able to observe that, to a large extent, the testimonies given by the witnesses were actually given before the criminal police body, being subsequently read and corroborated before the judicial authority, maximum before the Public Prosecutor. This corroboration contains a reference to the corroborated statement in the file. In the face of discrepancies or contradictions between the testimony given by the witness in the investigation and that given by the same in the trial, the Public Prosecutor requires the reproducing or reading of the testimony given in the investigation without need for agreement on the part of the defendant, which he does not consent to because he understands that the testimony was given before the OPC and, therefore, requires his agreement. Therefore, I ended up becoming specifically interested in reproducing or reading the declarations provided for in article 356.º of CPP. In an initial phase, I will address the organization and functioning of the JCCC and the activities that were carried out there, as well as describe the predominant criminality, then proceed to analyze the article in question, some of the conflicting principles with it and look for respond to some of the problems raised. It is also worth reflecting on the relationship between OPC and MP and understanding the delegation of competences attributed to OPC. It is also intended to advance with possible solutions to attest to the credibility and reliability of the testimony given before the OPC.