Prova pericial e processo penal português

: questões fundamentais

Abstract

Presented by a careful and detailed regime, the expert evidence arises autonomously in the 1987 Code of Criminal Procedure, currently in force. Its specificities have made important this separation between its regulation and the examinations, which continue to be closely linked in practical terms. This dissertation aims, focusing on the legal regime corresponding to the expert evidence, to understand the mechanism of production of this means of proof and to deepen the problems raised in its regime that have to do with the enforcement or weakening of the principles of criminal procedure. Knowing that certain fundamental rights constitute guarantees for those subject to criminal proceedings, we will address the way in which the safeguarding of these rights
is made effective in the evidential steps corresponding to the expert report.
Since one of the specificities of the regime is the permission for intervention by third parties, experts specialised in a certain technical, scientific or artistic area, it is important to understand the implications of this intervention, both in the process and in the execution of this function itself. The articulation of the expert's function with the function of the judge deserves to be highlighted. An enhanced value is conferred to the expert judgement, which constitutes
an important aid to the jurisdictional function of finding out the truth and carrying out justice, and may be determinant in establishing the factuality in the concrete case.

Date of Award	9 Oct 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Germano Marques da Silva (Supervisor)