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
Wrong, Murat was fully investigated and nothing was found against him, but the McCann were not and they are and will remain persons of interest in case there is a reopening. Since there was no Trial none of them can be declared cleared in the true sense of the word.
About the "reopening":
If the Inquiry is archived the person(s) that made the denounce or the arguido(s) may become assistant(s) to the process and require that the instruction (2nd phase of the process) is opened within a period of 5 days after the announcement of the archiving (artº287 CPP). This is from the 1992 Law, that I believe was enlargement for a period 20 days in 2001 – not certain of the date of the revision since I do not have the books with me, just citing from memory.
Of course they have to justify their appeal and there will be an analysis of such requirement in order for the Instruction Judge to decide if it is precedent or not. The justification may be an opposition or refutal about the facts in the archiving report, the introduction of new evidence, etc.
