Process for shelving the investigation or having it reinstated.

[AnneGuedes]

What is left is the other tall poppy with some traction- a Portuguese Policeman who has pubkished a defamatory book which might be taken seriously by people who were not aware of the final statements about the case.

Strangely enough G and K McCann and G Amaral have points in common, the first being that the PR final dispatch is a premature shelving of an insufficient investigation, as shown by their respective claims and hopes the case should be reopened.

[Carana]

What is left is the other tall poppy with some traction- a Portuguese Policeman who has pubkished a defamatory book which might be taken seriously by people who were not aware of the final statements about the case.

Strangely enough G and K McCann and G Amaral have points in common, the first being that the PR final dispatch is a premature shelving of an insufficient investigation, as shown by their respective claims and hopes the case should be reopened.

No doubt.


But doing so requires more than a stamp on a letter in this case, though. Or would you disagree with that?

[debunker]

What is left is the other tall poppy with some traction- a Portuguese Policeman who has pubkished a defamatory book which might be taken seriously by people who were not aware of the final statements about the case.

Strangely enough G and K McCann and G Amaral have points in common, the first being that the PR final dispatch is a premature shelving of an insufficient investigation, as shown by their respective claims and hopes the case should be reopened.

No doubt.


But doing so requires more than a stamp on a letter in this case, though. Or would you disagree with that?

Another myth that needs debunked.

[AnneGuedes]

I wish I knew what the McCanns should do in order to have the case reopened. They had a dead line to oppose the shelving, lost the opportunity and now what ? Should they have a new fact to submit to the Public Ministry ? I'm afraid only a jurist would know that.

[debunker]

I wish I knew what the McCanns should do in order to have the case reopened. They had a dead line to oppose the shelving, lost the opportunity and now what ? Should they have a new fact to submit to the Public Ministry ? I'm afraid only a jurist would know that.

Cite please for their ability tokeep the case open without further evidence. Withina certain deadline. Myth I believe.

[AnneGuedes]

I wish I knew what the McCanns should do in order to have the case reopened. They had a dead line to oppose the shelving, lost the opportunity and now what ? Should they have a new fact to submit to the Public Ministry ? I'm afraid only a jurist would know that.

Cite please for their ability tokeep the case open without further evidence. Withina certain deadline. Myth I believe.

It's no myth, Portuguese Justice system rules the victims have a certain number of days to oppose a decision of archiving. This deadline was around the 20th of September 2008 (since the holidays were off).

[debunker]

I wish I knew what the McCanns should do in order to have the case reopened. They had a dead line to oppose the shelving, lost the opportunity and now what ? Should they have a new fact to submit to the Public Ministry ? I'm afraid only a jurist would know that.

Cite please for their ability tokeep the case open without further evidence. Withina certain deadline. Myth I believe.

It's no myth, Portuguese Justice system rules the victims have a certain number of days to oppose a decision of archiving. This deadline was around the 20th of September 2008 (since the holidays were off).

Then you will have no problem producing a cite for this 'right' to stop shelving without producing further evidence.

I believe this is a myth as I have asked for such a cite for years with no response from the people who claim it.

[AnneGuedes]

O que sucede no meu processo após o final da investigação?

No fim da investigação, o Ministério Publico irá analisar a prova recolhida e decidirá se arquiva o processo ou o encaminha para julgamento.

Caso não se contentem com a decisão final da fase de inquérito, o assistente ou o arguido podem requerer a abertura de uma nova de investigação, denominada instrução. Esta fase é opcional e no seu decurso um juiz, denominado juiz de instrução, poderá proceder à recolha de mais prova que lhe permita aferir se a decisão final da fase de inquérito foi adequada. No final desta fase o juiz entenderá se deve arquivar o processo ou levá-lo a tribunal.

Para crimes menos graves (por exemplo: crimes puníveis com menos de cinco anos de prisão), poderá ser decretada a suspensão provisória do processo por um determinado período de tempo. Durante esse período o arguido terá de acatar determinadas injunções e regras de conduta. Se cumprir, o processo será arquivado.

Se se tratar de um crime particular, você será notificado por parte do Ministério Publico quando a investigação encerrar. No prazo de dez dias após a notificação e tendo em atenção a prova recolhida, será você a decidir se pretende arquivar o processo ou proferir acusação contra o arguido.

Posso recorrer se o meu processo for arquivado sem chegar a julgamento?

Se o juiz de instrução decidir arquivar o processo você pode recorrer desta decisão.
https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-PT-pt.do?clang=pt&idSubpage=1&member=1#n12


What happens in my case after the end of the investigation?

At the end of the investigation, the Public Prosecutor will analyse the collected evidence and decide whether to shelve the process or bring the case forward to trial.

If not content with the final decision of the investigation phase, the assistente or the accused may request the opening of new research, called instruction. This stage is optional and overseen by a judge, named examining magistrate, you will be able to collect more evidence to allow him to assess whether the final decision of the investigation was appropriate. At the end of this phase the judge will decide whether to archive the process or take it to court.

For less serious offences (e.g. crimes punishable with less than five years in prison), it may be decreed the provisional suspension for a certain period of time. During this period the defendant will have to abide by certain injunctions and rules of conduct. Failing which the process will be filed.

In the case of a particular crime, you will be notified by the Public Ministry when the investigation is complete. Within ten days after this notification and taking into account the evidence collected, you decide if you want to archive the process or make the accusation against the accused.

Can I appeal if my case is filed without going to trial?

If the examining magistrate decides to file the case you can appeal this decision.

[debunker]

Thank you for confirming that there is no right of the accused to stop the archiving.

[DCI]

Thank you for confirming that there is no right of the accused to stop the archiving.

I suspect you posted it in Portuguese in the hope that you could hide this truth from people who cannot read Portuguese.

And what good is that, pray tell? Not only does the accused NOT have the right to demand reopening, there IS no accused in this case. Robert Murat and the McCanns were cleared of any wrongdoing.

Indeed, a couple of days later, Amaral would not have been allowed to make the McCanns arguidos in the first place, due to the law changing so the police needed actual evidence.

The AG of Portugal has made it crystal clear that the case cannot be reopened without NEW EVIDENCE, so isn't it about time the forkers stopped this garbage about stamps?

http://.....2.forumotion.co.uk/t3193-so-all-the-mccanns-need-to-get-the-case-reopened-is-a-stamp-is-it

[AnneGuedes]

Thank you for confirming that there is no right of the accused to stop the archiving.

I suspect you posted it in Portuguese in the hope that you could hide this truth from people who cannot read Portuguese.

Now how many times must we repeat there was no charge against Mr and Mrs McCann ? Being an arguido isn't being accused and an arguido has the same rights as a victim, which the McCanns were considered to be.

[AnneGuedes]

The "assistente" is the assistant in the investigation, a qualification Mr and Mrs McCann asked in August 2007 and were first granted.
The "defendant" is the arguido...

[debunker]

Thank you for confirming that there is no right of the accused to stop the archiving.

Now how many times must we repeat there was no charge against Mr and Mrs McCann ? Being an arguido isn't being accused and an arguido has the same rights as a victim, which the McCanns were considered to be.

Why post in Portuguese on an English speaking board. Well, do so if your supposed supportive cite shows NO ABSOLUTE RIGHT to halt the shelving of the process, just lays out a route of appeal. It would take slightly more than a stamp.

[AnneGuedes]

Thank you for confirming that there is no right of the accused to stop the archiving.

Now how many times must we repeat there was no charge against Mr and Mrs McCann ? Being an arguido isn't being accused and an arguido has the same rights as a victim, which the McCanns were considered to be.

Why post in Portuguese on an English speaking board. Well, do so if your supposed supportive cite shows NO ABSOLUTE RIGHT to halt the shelving of the process, just lays out a route of appeal. It would take slightly more than a stamp.

If you consider you understand Portuguese (Latin could have helped you), what was the use of translating the document?
Unfortunately you're showing that in fact you don't understand this language but behave as if to dis-inform posters. And you pretend to be a defender of the truth !

[debunker]

If you consider you understand Portuguese (Latin could have helped you), what was the use of translating the document?
Unfortunately you're showing that in fact you don't understand this language but behave as if to dis-inform posters. And you pretend to be a defender of the truth !

I know that it does not say that the McCanns could have requested that the case be opened without any demur- they would have had to make a formal appeal with no guarantee of success. It was never the case that a simple request would have halted the shelving. That has been shown to be another myth!