Vítimas de crime

Crime

Crime is always the consequence of voluntary or negligent behaviour committed against the life, liberty, physical and moral integrity, sexual self-determination, or property of another person, and which is prohibited by criminal law. Since crime is an act that disrespects the rights of citizens and lives in society, the person who commits it must be held accountable and punished so that they understand that they must not repeat this behaviour. This punishment, which is called a penalty, also serves to make the rest of society understand that this behaviour is not acceptable and that anyone who repeats it will be punished.

1. What is a crime?

A crime is any behaviour that violates the law and is therefore punishable. For the Code of Criminal Procedure, a crime is the set of assumptions on which the application of a criminal penalty or security measure to the perpetrator depends. There are different types of penalties, such as admonishment, community service, a fine (which can be converted into alternative imprisonment in certain cases), and imprisonment (the execution of which can be suspended or replaced by a fine in certain cases). There are also accessory penalties (e.g. a ban on driving motor vehicles) applicable to certain types of crime (e.g. drunk driving).

2. Who is responsible for investigating a crime?

3. What is a public crime?

It is a crime that only needs to be reported by the judicial or police authorities, as well as an optional report by anyone.

As soon as the judicial authorities or criminal police bodies become aware of a crime of this nature, they begin to investigate and determine responsibility, regardless of the wishes of the victim or injured party. For their part, police authorities and other civil servants, including judges, are obliged to report crimes of which they become aware in the course of their duties.

4. What is a semi-public crime?

It is a crime that requires a criminal complaint to be filed by a person with legal standing (usually the victim or their legal representative or successor in title) to be prosecuted.

Law enforcement agencies and public officials are obliged to report these crimes, and subsequently, the injured party must exercise their right to complain within the legally stipulated time limits. If they fail to do so, the criminal investigation will not begin.

In semi-public crimes, the complainant can withdraw the complaint at any time, with the result that the Inquiry is immediately closed.

5. What is a private crime?

It is a crime that, for proceedings to begin, depends on the injured party submitting a complaint and the person with legal standing (usually the victim or their legal representative or successor in title) being appointed as an assistant and, at the end of the investigation, that person bringing a private prosecution.

The most widespread are crimes against honour (libel and slander, as well as some crimes against property between people with close family ties).

In the case of private crimes, too, the withdrawal of the complaint is admissible.

6. Who can be held responsible for committing a crime?

Anyone over the age of 16 can be held responsible for committing a crime if they are not judicially considered to be incompetent due to a mental anomaly.

On the other hand, children under 16 and over 12 who commit a crime are subject to an educational guardianship procedure. Young offenders (aged between 16 and 21) can also benefit from a special regime that considers their situation and the specific circumstances of the fact and may have their sentence suspended or specially attenuated.

Legal persons and similar entities can also be held criminally liable for certain crimes expressly provided for in Article 11/2 of the Penal Code and other separate criminal statutes.

7. What does it mean to be considered incompetent?

Crime Victim

1. What is a crime victim?

A victim of crime is a natural person who has suffered harm, namely an attack on their physical or psychological integrity, emotional or moral damage, or property damage, directly caused by action or omission, in the context of the commission of a crime. Being a victim of any crime is always a very traumatic situation, which anyone can be subjected to throughout their life, and should not be a cause for shame, but rather indignation.

Being a victim of crime will always have consequences, which can be of a physical, psychological, economic and/or social nature for the person who suffers it. Naturally, these consequences vary from person to person depending on their psychological and economic structure and the violence of the crime.

2. Have you been a victim of crime? What are the main consequences and what are your reactions to this?

Being the victim of a crime can trigger a series of reactions or behaviours of different kinds that have a lot to do with the personality of each of us. Sometimes there is a combination of emotions and thoughts that can be very difficult to deal with.

Since a crime is a traumatic situation, the trauma can cause enormous stress stress for the victim. In most cases, this post-crime trauma eventually passes and fades with time. In the moments immediately following the crime, victims experience episodes of permanent fear, but over time confidence returns, fears dissipate, and the victim gradually acquires the lost confidence.

There are no rules; each person feels the crime they have suffered differently. Many factors come into this equation, such as the type of crime, the length of time the victim was exposed to the violence, as well as their personality. The trauma is always greater the more violent the crime and the longer the victim has been exposed to the crime, and the victim's personality and psychological condition are also determining factors. It is therefore very important to understand that there is no pre-defined way of reacting to a crime. When we feel that our personal, physical, and social integrity has been violated, we can go into a kind of state of shock and suffer or experience new problems arising from the crime, such as difficulty sleeping, depression, anxiety, or any feeling of guilt about the situation we have experienced.

The situation can make you feel that you have completely lost control of your life and that the society in which you live is now a very unsafe place. Fortunately, for most people, these symptoms disappear over time and the person who has been the victim of a crime regains control of their life. When this doesn't happen, the victim should seek help, particularly psychological help, to help them deal with the trauma.

Trauma

Victims of crime deal with different psychological reactions and often suffer psychosomatic consequences, i.e. physical reactions to emotional stress . Certain stimuli remind the victim of the crime they suffered, triggering memories and physical reactions such as palpitations or increased blood pressure. Another typical symptom developed by victims of crime is a chronic pessimistic outlook on the future, which can be attested to by their passive behaviour or diminished self-esteem when carrying out daily tasks.

1. Post-traumatic stress disorder

According to the World Health Organization, Post-Traumatic Stress Disorder is defined as "exposure to a stressful event or situation (which may be short-term or long-term) of an exceptionally threatening or catastrophic nature that is likely to cause widespread distress to any person."

The key symptoms of post-traumatic stress disorder can include reliving the traumatic event, avoiding certain situations or places likely to cause distress and increased irritability. In the case of victims of crime, particularly intense avoidance behaviour can occur, as most situations are experienced as threatening. There is a persistent feeling of generalized fear and frequent psychosomatic complaints.

2. Help to deal with the impact of crime

Talking about what happened to you with people you trust can help you cope better with the trauma and the memories. Usually, if it's someone who has already experienced an identical situation, this conversation can be even more important.
Seeking professional help, especially medical help, is nothing to be ashamed of. If you feel you can't cope on your own, you should seek professional help. If you don't know any mental health or psychological professionals, your family doctor can help.

The Complaint

A report or complaint is the communication to the authorities that a crime has taken place, allowing them to start an investigation. It is the first step that leads to criminal proceedings.

A complaint can only be filed by the person who has the right to complain, within the legally established time limit, and it is through this that they express their desire to proceed with criminal proceedings against the perpetrator; a report can be filed by anyone and is a simple communication through which the suspicion that a crime has been committed is brought to the attention of the competent authorities.

1. What is the reason for reporting a crime?

If you are or have been a victim of a crime, it is very important to report it to the authorities. If you do, the person who committed the crime is more likely to be "caught", held accountable and prevented from doing the same thing again, to you and/or to other people. Complaining is also very important for exercising certain rights. You have the right to complain about all the crimes of which you are or have been a victim. Complaining is your decision. However, some people are obliged to report any crimes they become aware of: The police are obliged to report any crimes they become aware of. Civil servants and other state employees who, because of their duties, become aware that a crime has been committed are also obliged to report it.

Anyone who becomes aware of situations that endanger the life, well-being or freedom of a minor is also obliged to report them.

Reporting a crime or filing a complaint is a very difficult decision to make.

You can find several reasons why you think it's not worth reporting a crime, or the crime you've been the victim of. These reasons could be:

The crime wasn't severe;
The crime was minor;
There were no major consequences;
Nothing was stolen from me;
I wasn't hurt in any way;
It's over now, and I'm not affected by what happened to me;
It's much work to file a criminal complaint;
It's just a nuisance. I'm going to be called to the police a lot;
It's embarrassing, I don't want to expose myself (feeling ashamed usually happens in crimes of sexual violence or domestic violence - it's a normal feeling!);
No one will care what I report;
The authorities don't want to know;
I'm worried about what will happen next.

These doubts are normal, but they shouldn't stop you from moving forward!

If you want to talk to someone before deciding, you can turn to a non-governmental victim support organization: their staff will be able to inform you, advise you and offer you the support you need.

Whatever you decide, you always have the right to support. Even if you don't report the crime, it's very important to talk to someone and seek help.

Every case is important!

Each case is always very important, not least because once it becomes known, the authorities can take measures to prevent other people from falling victim to the same crime and the same perpetrator.

Today, the authorities treat issues related to sexual, intimate, and domestic violence crimes with the utmost sensitivity, not making value judgments about the victim and what happened.

Regardless of their gender, sexual orientation, religion, nationality, or race, they are victims of crime, who can always be traumatized and who deserve every respect and professionalism in the handling of their cases.

It is true that the police authorities and the courts have many cases and may not deal with your case, as well as other cases, as quickly as you would hope and wish, but your case will always deserve their full attention. It is also true that it is not always possible to identify, prove and punish the person(s) responsible for the crime; but the police authorities and the Public Prosecutor's Office have a duty to do everything in their power to achieve this. It's normal to feel apprehensive about going to the police and court to give a statement or to try to recognize the perpetrator. However, don't forget that you can get help throughout the process and that finding out the truth is very important for you, and many other people, because this is the only way to stop the person who committed the crime against you from going on to commit more crimes and claim more victims.

2. How do I report a crime?

The complaint or report can be filed with one of the following authorities:

Public Prosecutor's Office (MP);
Judicial Police (PJ);
Public Security Police (PSP);
National Republican Guard (GNR).

In the case of certain crimes, complaints and denunciations can also be lodged:

At the Aliens and Borders Service, such as crimes of illegal immigration, and trafficking in human beings, among others;
At the offices of the National Institute of Legal Medicine and Forensic Sciences, medico-legal offices, and hospitals where there are medico-legal experts, for crimes against persons.

In public crimes (such as homicide, kidnapping, child sexual abuse, domestic violence, robbery, etc.) a complaint is enough to start the process. For other crimes, whether they are semi-public crimes (such as less serious assaults, simple theft, etc.) or private crimes (such as insults, defamation, etc.) the victim must file a complaint.

3. Regarding the complaint, it is important to know that:

They are free, you don't have to pay anything for them.
They can be made orally or in writing.
They should include as much information as possible about what happened: the day, time, place, and circumstances in which the crime was committed, identification of the suspect(s) and that of witnesses and other evidence.
They can be submitted even if it is not known who committed the crime.
The complaint can be anonymous, i.e. you can report a crime without identifying yourself. In the complaint, the victim must identify themselves.
If the victim is under 16, they cannot file a complaint on their own. The complaint must be filed by those legally responsible, such as parents, an older sibling, a close relative, etc.
The victim must receive proof that the complaint has been filed.

After the report or complaint, the investigation of the crime begins.

The Investigation

Once the complaint has been lodged, the inquiry phase, also known as the investigation of the crime, begins.

1. What happens during the investigation phase?

The police, under the direction of the Public Prosecutor's Office, will try to ascertain whether or not the crime took place and collect evidence to identify the perpetrator.

Among other things, the police will:

Hear statements from the victim, witnesses and the accused;
Examine the crime scene to find and collect traces and evidence of the crime;
Request the collaboration of experts who can help find out what happened;
Request documents and reports relevant to the investigation.

During the investigation, the police may have to speak to the victim more than once.

The police or the Public Prosecutor's Office can call the victim as many times as they deem necessary to clarify the truth since it was the victim who experienced the criminal situation.

The victim must cooperate with the police whenever they are asked to do so and must inform them of everything that could be useful for the investigation, for example by handing over documents or other objects in their possession that could prove the crime was committed.

If the victim wants to know how the case is progressing, they can contact the police officer in charge of the investigation or the public prosecutor.

During the investigation, coercive measures can be applied to the accused

The Term of Identity and Residence, which consists of the defendant's duty/obligation not to move from the residence he has indicated in the case file or to leave it for more than 5 days without first communicating his new residence or the place where he can be found;
Compulsory Presentation at a Police Department – The obligation for the defendant to periodically present himself, usually at the police station in his area of residence;
The Suspension from exercising a profession, function, activities or rights;
The Prohibition and imposition of conduct, such as prohibiting the suspect from contacting the victim;
The Obligation to Remain at Home, also known as House Arrest, with or without electronic surveillance;
The Pre-trial detention.

2. Medico-legal examinations

Medico-legal examinations are one of the steps that can be taken to gather evidence during the investigation of a crime, or where clues are turned into evidence. They are also examinations that the medical expert carries out on the victim to collect all the signs of the crime that may have been left by the person who committed it, such as:

Scratches, wounds, bruises, or other marks left on the victim's body;
Traces on the victim's body, clothing and/or objects, such as blood, skin, hair, etc.

These examinations can be carried out at a Delegation or Medico-Legal and Forensic Office of the National Institute of Legal Medicine and Forensic Sciences.

Victims of domestic violence, ill-treatment, aggression, and sexual violence can report the crime directly at the place where the forensic medical examination is carried out.

3. The decision at the end of the investigation

At the end of the investigation phase, the police send the file with all the evidence to the Public Prosecutor's Office, which will decide whether or not there is enough evidence to bring the accused to trial. If the Public Prosecutor considers that there is, he will issue an indictment against the accused, listing all the facts that have occurred and the evidence that supports these facts. The parties are then notified of the indictment. If the Public Prosecutor believes that there is insufficient evidence, he or she will issue a closure order.

In some crimes, especially Domestic Violence, the Public Prosecutor's Office can also decide to provisionally suspend the proceedings, which is like a "second chance" given to the accused, provided that the victim and the accused agree. In this case, the defendant is obliged to fulfil one or more obligations (for example, pay the victim a certain amount, do some kind of work for the community, etc.). If the defendant fulfils these obligations, the case is closed.

The end of the investigation is different in private crimes:

The Public Prosecutor's Office, instead of deciding whether or not to charge the accused, sends the evidence gathered to the assistant and it is the assistant who will decide whether the accused will stand trial.

If the assistant or the defendant doesn't agree with the Public Prosecutor's decision, they can ask for a new phase of the process to be opened: the pre-trial phase.

At the end of the investigation, the Inquiry closes with the Public Prosecutor's decision to indict or close the case. After one of these two decisions has been made, several scenarios can occur, namely:

The Public Prosecutor issue an indictment:
- The defendant and the victim do not appeal and the case proceeds immediately to trial;
- The victim agrees with the contents of the indictment, but the defendant does not and decides to request an optional pre-trial phase. In this case, the case passes to the investigating judge, who will assess the new evidence presented by the defendant;
- Neither the defendant nor the victim agrees with the content of the indictment and both appeal, requesting that the pre-trial phase be opened.
The Public Prosecutor closure order, taking the view that the evidence gathered is insufficient to bring the case to trial:
- The defendant and the victim agree to the decision and the case is closed;
- Neither of them is satisfied with the decision and they ask for the pre-trial phase to be opened;
- The defendant is satisfied with the decision and accepts it. The opposite happens with the victim, who asks for a pre-trial stage. In this case, the case proceeds to pre-trial.

Phases of the Investigation

This is an optional stage in criminal proceedings:

It only takes place when the assistant (civil parties or the victim themselves) or the accused request that it be opened, because they do not agree with the decision of the Public Prosecutor's Office, be it the indictment or the order to file the case.
It is a phase in which the conclusions that led to the Public Prosecutor's decision are discussed, and for the opening of the investigation to take place, the person requesting the opening of the investigation must present new evidence that they believe to be necessary and that had not been considered by the Public Prosecutor.

The investigation is presided over by the investigating judge, who:

Analyses the evidence gathered during the investigation phase, as well as new evidence;
Hears the Public Prosecutor's Office, the defendant and his lawyer, the assistant and his lawyer in the pre-trial debate;
In the end, it will confirm or not the decision that the Public Prosecutor's Office took at the end of the investigation phase and may decide that the defendant will stand trial or that the case will be closed.
If the defendant goes to trial, the investigating judge issues the indictment. If the investigating judge decides that there are no grounds for bringing the defendant to trial, he or she issues a decision not to indict.

The Trial

The trial is the meeting of the procedural subjects in the courtroom.

At the trial, the judge gathers, hears, and analyses all the evidence that is important for deciding whether or not to convict the defendant and impose a penalty for the crime committed. The trial also decides whether or not the victim is entitled to compensation for the damage caused by the crime.

1. What should you do if you are called to take part in a trial?

After receiving the case file, the judge sets a trial date and notifies all those who are to take part by letter. If the victim is under 16, it will be the parents or legal guardians who receive the notification. If you are notified to attend the trial, you must appear on the date, time and place indicated. Your presence is not only very important but also obligatory and takes priority over other types of action. Absence from work to attend trial, as a victim, defendant, or witness, is always justified absence, and attendance at trial takes precedence over any other matter. Failure to attend trial is punishable by a fine.

At trial, you must tell the truth and say everything you know about what happened. Your testimony may be fundamental to establishing the truth in the criminal proceedings.

2. What if I can't be there?

If, for any reason of force majeure (e.g. a previously scheduled medical appointment), you know in advance that you will not be able to attend, you must inform the court in writing, at least 5 days in advance, and attach the reasons for your absence.

If something unforeseen happens (e.g. unforeseen illness) that prevents you from being present at the trial, you must inform the court as soon as possible and, within 3 days, provide proof of this, such as a medical certificate.

If you are absent and do not justify it, you may have to pay a fine.

3. How do I prepare to go to trial?

It's natural to feel anxious and insecure about attending a trial. It is therefore important that you prepare yourself at least a little about what you are going to encounter.

Some advice that may help:

As soon as you receive the notification, talk to someone you trust and who has experience in the matter, such as a police officer, a lawyer, a court official or a victim support worker, who can explain what will happen at the trial.
If you can, you can visit a courtroom to familiarize yourself with the space and the layout of the people who will be there.
If you are intimidated, you can be accompanied by someone you know. When you testify, this person should not be near you, but in the seats reserved for the public.
If someone bothers you, tries to intimidate you, puts pressure on you or threatens you because you are going to court, tell the police immediately.

Going to court is not something out of this world, but if you feel nervous, prepare for it in good time.

Get a good night's rest the night before.
Dress appropriately for the occasion. Court is a serious place, so it's best to adopt a more formal look. Don't wear caps, flip-flops, or informal clothes.
Don't be late. Plan what you must do so that you arrive at the court sometime before the time indicated on the notice.
Don't forget to take the notice and your identification document (ID card or citizen's card).
When you arrive at the court, go to an information desk or a security guard and ask for directions to the room or waiting area. Be prepared for the possibility of waiting longer than you thought: the trial may not start at the scheduled time. Take something with you to do or occupy your time while you wait (e.g. magazines, books, games, music).
Wait at the indicated place for the bailiff to call your name, register your presence and ask you to enter the courtroom.
On the day of the trial, you may come across the defendant and/or his/her family and friends. Try to stay away from them, do not respond to any provocation and, if you feel threatened, immediately notify the bailiff and/or the police officer present in the courtroom.
Cell phones, computers and other electronic devices must be turned off before entering the courtroom.
You can't go in chewing gum or eating either.
Sometimes the trial is postponed to another date. At that point, the bailiff will inform you that the trial will not take place on that day and that it will be rescheduled for another date.

4. Practical advice:

You must tell the truth in as much detail as you can remember.
Listen carefully to the questions you are asked. Only answer at the end of the question.
Take as much time as you need to think about the question you've been asked and how to construct your answer.
Answer slowly and calmly.
Try to answer, in short sentences, with only what you know about what happened. The judge wants to know what you know, i.e. what you saw.
Don't be afraid to tell everything, or to say everything you know, in every detail. Every piece of information can be important for finding out what happened and for the judge to decide. If you must use less appropriate words (e.g. swear words) to tell what happened, you can do so.
Only answer what you are asked.
If you don't understand something, you can ask them to repeat or explain what they want to know.
If you don't know how to answer a question, you can say "I don't know".
You may be asked the same question more than once. Try to answer in the same way as you did the first time. You can also say "I've already answered that question".
It's natural that you won't remember all the details or that you won't be able to remember some things. If this happens, stay calm and say: "I don't remember". Forgetting some things that happened in the past is normal, especially when the crime has been going on for some time.
It's natural to feel afraid, nervous and want to cry. Don't feel embarrassed about it. The people at the trial will understand this reaction.
If you feel tired or too nervous, you can ask to take a break; you can also ask to go to the bathroom or ask for a glass of water and a tissue.
Don't be afraid of the defendant or let his/her presence intimidate you. Avoid looking at him/her while answering questions. Only look at the person asking the question. If you prefer to speak without the defendant present, you can tell the judge. If the judge deems it appropriate, the defendant will be removed from the room while you are speaking.
The defendant cannot ask you any questions during the trial, nor address you.
The only people who can ask you questions are the judge, the prosecution, and the lawyers.
If you are under 16, you can ask the Public Prosecutor's Office to make the judge the only person who can ask you questions during the trial.
It's natural for things to be said or questions to be asked during the trial that make you uncomfortable or give the impression that they don't believe what you're saying. Remember that this may be part of the defendant's defence strategy. Try to remain calm and don't let yourself get affected.
Don't feel sorry for the defendant. The trial is for the judge, having gathered all the evidence, to decide whether or not the defendant is responsible for committing a crime.
Remember that you are not being accused of anything. It is the defendant who is on trial. You are there to help the court gather important information to make the right decisions.
In a trial, after you have been heard, it is possible for the hearing to continue and for other witnesses to be heard by the judge. You can attend the rest of the hearing or, if you prefer, you can leave the court. Do not talk to other people, especially witnesses who have not yet been heard, about what you know or what happened while you were being heard.
If someone threatens you, intimidates you or tries to assault you after the hearing, talk to someone you trust and ask them to go with you to the police to report what happened.

5. The courtroom

In less serious crimes, crimes with a prison sentence of less than 5 years, the trial is presided over by a single judge. In these cases, the trial takes place in a Single Court.

In more serious crimes, the court is made up of three judges, one being the presiding judge (the one sitting in the middle) and two judges (one sitting to the left and the other to the right of the presiding judge) and is called a collective court.

In some cases of more serious crimes, a Jury Court, can be formed, made up of three judges and four citizens, called jurors.

The trial will therefore be attended by:

The Judge (if there is only one) or the Judges (if there are 3). There may also be 4 jurors.
The Public Prosecutor (there may be more than one Public Prosecutor);
The bailiff;
The defendant or defendants;
The defendant's lawyer or lawyers;
The assistant, if the victim has constituted himself as such, and his lawyer;
The civil parties are the people to whom the crime has caused some kind of damage and who have filed a claim for compensation against the defendant;
Witnesses and experts.

Trials are almost always public, meaning that anyone can enter the courtroom and watch. There are some exceptions: for example, in trials of human trafficking or sex crimes, the public is not normally allowed to attend.

6. What happens during a trial?

The trial can be a rather lengthy stage and last longer than a single day. Usually, the length of a trial is linked to the complexity of the case. Thus, if the case is complex, the judge may have a lot of evidence to assess and a lot of people to listen to, remembering that in a trial the victim, witnesses, experts and all the other people who are important for discovering the truth must be questioned. The defendant must also be questioned and has the right to refuse to give evidence since no one can be forced to testify against themselves.

At the trial, the judge asks questions of different people and assesses the evidence of the crime:

The first person to be questioned is the defendant. If they wish to make a statement, the judge will first ask them if what is written in the indictment is true, i.e. whether or not they confess to the facts. The defendant then can tell his version of what happened, and the judge may interrupt him to ask questions. The judge then passes the floor successively to the prosecutor and the lawyers to ask questions.

The trial can take place even if the defendant is absent.

If the defendant confesses to the crime, in principle, it may not be necessary to present further evidence. If the defendant does not confess to the crime, the victim is usually heard next. The judge begins by asking him a few questions about his identification and then passes the floor to the Public Prosecutor's Office, which will ask him to relate the facts and ask him a few questions because it may be necessary to explain something better or in more detail.

Next, it's the lawyers' turn to ask questions. This is usually the most difficult phase for the victim, namely the period of answering the defendant's lawyer, who tries to break down the victim's version, trying to demonstrate that the facts were not as she claims.

Then the witnesses are heard. Witnesses under the age of 16 can only be questioned by the judge, while the other participants can ask the judge to ask them some questions. The accused can be removed from the courtroom while a particular witness is being heard, such as the victim.

After the witnesses, the experts are heard, if the court deems it necessary to clarify any questions about the examinations and reports they have made.

The judge can also consult other evidence during the trial, such as documents.

7. What is the role of the crime victim in the trial?

The victim can take part in the trial as an assistant, civil party, or witness:

As an assistant, the victim plays an active role in the trial by collaborating with the prosecution in the production and presentation of evidence, giving their opinion on the conviction of the accused.
As a civil party, the victim will defend their right to compensation at trial.
As a witness questions will be asked to find out what the victim knows about what happened. The questions are asked by the judge, the Public Prosecutor's Office, the defendant's lawyer, and the victim's lawyer, if the victim has one.

8. How does the trial end?

After the judge has seen, heard and analysed all the evidence of the crime, the Public Prosecutor's Office, the assistant's lawyer, the lawyer for the civil parties and the defendant's lawyer have the right to tell the judge what they think has been proven and not proven and, if they think it has been proven that the defendant committed the crime, what penalty should be imposed. Afterwards, the defendant can also, if they wish, say something else that they consider important for their defence.

If the case is simple and the decision is easy to make, the judge can announce his decision at the end of the trial.

Most commonly, the judge will set a date a few days later to read out the sentence.

The Sentence

The Sentence is the decision that the judge makes about the criminal case. In the Sentence, the judge will communicate whether or not he considers the defendant to be responsible for the crime. When this decision is made by a collective court or a jury court, the sentence is called a judgment.

1. What are the possible decisions in a judgment?

There are two possible decisions:

The defendant can be acquitted: if the judge finds that it has not been proven that he committed the crime in question, he does not punish him with any penalty.
The defendant can be convicted of the crime if the judge finds the facts proven. The judge must indicate in his decision which facts and evidence he is basing his decision on to find the defendant guilty and what the penalty will be. The judge's decision must always be duly substantiated, both in terms of fact (the facts established) and law (such as the articles applied to the case). The penalty can be:
- Prison sentence, which can be effective (the defendant goes to jail) or suspended (the sentence is suspended for a certain period, and can become effective if the defendant commits a crime during the suspension of the sentence);
- A fine.

In addition to the prison sentence or fine, an accessory penalty may be imposed, such as a ban on contact with the victim, or expulsion from Portugal at the end of the sentence if the defendant is a foreigner.

When the judge reads out the sentence, remember that:

You have the right to attend the announcement of the judgment, but if you don't want to, you are not obliged to do so. If you prefer, you can consult the judgment at another time: just ask for it at the court office.
If the defendant is acquitted, it doesn't mean that the judge didn't believe his testimony. Being acquitted does not mean being innocent. Acquittal means that not enough evidence was gathered for the judge to be able to make a confident decision about the defendant's guilt about the crime committed.
You are not responsible for the decision the court makes about the defendant. Your role is to tell what you know about what happened. It is always the judge's decision whether or not to convict the person accused of committing the crime.

2. What if you don't agree with the sentence?

If the Public Prosecutor's Office, the defendant, the assistant and/or the civil party do not agree with the judge's decision (sentence or judgment), they can appeal.

The appeal must state the reasons why you don't agree with the decision that came out of the trial.

When it is no longer possible to appeal a decision, either because the time limit for doing so has passed or because the law no longer allows appeals, the decision becomes final.

Updated on

25.09.2025

Victim of crime