<![CDATA[ A celeridade, eficácia e eficiência no processo penal ]]>
![<![CDATA[ A celeridade, eficácia e eficiência no processo penal ]]>](/_next/image?url=https%3A%2F%2Fcdn.sabado.pt%2Fimages%2F2022-03%2Fimg_1200x676%242022_03_29_17_09_12_669053.png&w=1920&q=100)
The Superior Council of the Judiciary (CSM) recently presented a set of proposals to improve the Code of Criminal Procedure and other legal instruments, aiming to increase speed, effectiveness and efficiency in the various procedural stages, from the investigation to the trial, including the appeals phase. These proposals, resulting from the practical experience of the magistrates involved, cover several areas and deserve to be highlighted for their relevance and potential positive impact on the Portuguese judicial system.
In terms of procedural organisation, changes are suggested that, although seemingly small, could result in significant gains in speed. These include inserting the case file onto an external disk at the end of each phase, creating an index of documents and notifications, making it mandatory to submit procedural documents in searchable and editable PDF format, and organising the case into appendices and volumes. In terms of technology, it is proposed to introduce specific tools to convert oral statements into written text (statements by defendants and assistants, as well as witness statements before the judicial authority), present evidence and view documents in the courtroom, conduct research, prepare automated reports and transform the content of procedural documents into material that can be incorporated into the judgment. In addition, it is suggested that modern equipment be installed in the courtrooms, ensuring technological compatibility between the courts. As for notifications, it is proposed to implement an electronic system in criminal proceedings, combining email and SMS, with the aim of reducing delays and modernising the justice system. This multi-channel system would apply to all parties involved, with postal notification remaining an alternative when necessary. This change would streamline the process, reduce costs and greatly facilitate cross-border notifications. With regard to appeals, it is proposed that the Constitutional Court grant devolutive effect to appeals that are manifestly unfounded or merely have a dilatory purpose, with a view to discouraging the abusive use of this mechanism to prolong proceedings. With regard to confession, it is suggested that the exclusion of the benefits of full and unreserved confession for crimes with sentences of more than 5 years' imprisonment be eliminated, recognising that it is in the most serious crimes that confession brings the greatest advantages to the justice system. It makes no sense to give different effects to confessions based solely on the seriousness of the crime. Finally, in the area of translation, it is proposed that machine translation engines be used for documents and procedural documents in foreign languages, with the possibility of subsequent validation by an interpreter when necessary. This measure aims to reduce costs and execution times, especially in cases of simple or long texts. These proposals, resulting from the magistrates' experience in the field, appear to be of great relevance and it is hoped that they will be adopted by law, contributing to a more efficient and faster judicial system in Portugal.
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