O regime de renovação da prova em recurso penal

: o conhecimento de factos novos e a articulação com o princípio do ne bis in idem

Abstract

The criminal procedure is crucial in guaranteeing and defending the rights of the parties involved, as well as in protecting society, always having as a principle the protection of fundamental rights. One of the most relevant issues in the context of criminal appeal is the knowledge of new facts that were not part of the object of the process. This paper analyses the knowledge of new facts in criminal appeal based on the Portuguese legal system, with special focus on the institute of renewal of evidence. In fact, it is through the evidential exercise that occurs during the hearing for the renewal of evidence that the possibility of knowledge of new facts arising in this venue is raised. However, the Portuguese legal system is very demanding about the subsequent knowledge of facts that are not part of the object of the process, which may lead to an excessively onerous process for the defendant when it comes to knowledge of facts that are favourable to him/her.

Date of Award	3 Jun 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Henrique Salinas (Supervisor)