This Dissertation, which is meant to lead to the award of a Master's Degree in Criminal Law, aims to critically analyze the reconstitution of the fact, when performed with the Accused´s cooperation, especially the appreciation of the valuation regime to which the statements made by the Accused during this procedure are subject. In order to accomplish this purpose, we have drawn up a question that guided this Dissertation: is the reconstitution of the fact an escape valve from the Defendant’s guarantees? To answer this question, we have analyzed the jurisprudence and doctrine, as well as conducted interviews with qualified informants. At the end of this path, we answer affirmatively to the question formulated, and consequently present one of the viable solutions to solve the quarrel, proposing a profound alteration of Chapter V of Title II of Book III of the Code of Criminal Procedure.
Date of Award | 18 Jul 2022 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Sandra Tavares (Supervisor) |
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- Reconstitution (of the fact)
- Defendant
- Statements
- Value system
- Defender
- Guarantee
- Article 356.º and article 357.º of Code of Criminal Procedure
A válvula de escape do sistema: análise crítica do regime da reconstituição do facto
Genovês, L. S. P. R. P. Y. (Student). 18 Jul 2022
Student thesis: Master's Thesis