O valor probatório das declarações do co-arguido sobre factos desfavoráveis a outro

Abstract

This dissertation aims to discuss the probative value of statements made by a co defendant regarding facts that are unfavorable to another; specifically, whether and to what extent such statements can serve as a basis for conviction. This is an issue of undeniable relevance in portuguese criminal procedure law, as it relates to fundamental principles such as the adversarial principle and the defendant’s right to remain silent. The main objective of this study is, first, to determine whether the statements of a co-defendant constitute a legally admissible means of evidence under portuguese law. Secondly, it seeks to clarify the criteria for assessing these statements, discussing the applicability of the principle of free assessment of evidence and the corroboration theory. For a systematic and in-depth approach, the analysis begins with statements made by the co-defendant during the trial hearing. Subsequently, in light of the 2013 amendment to the Code of Criminal Procedure, the study examines the admissibility and probative value of statements made by the co-defendant during the preliminary stages of the proceedings and later reproduced in court.

Date of Award	29 Jan 2026
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Henrique Salinas (Supervisor)