The 'ARGUIDO' status revisited.

[John]

Yes, the arguido status is unique to Portugal and one former Portuguese African colony.  It has been loosely translated as suspect, person of interest or special witness.  Robert Murat was the first suspect to be made an aguido in the original investigation headed by Gonçalo Amaral, he was later joined by Kate and Gerald McCann

Some consider the status the equivalent of a caution in the UK but in truth it is much more.  In most cases it can be taken as a sign that the police consider the individual guilty of involvement in a crime and may charge them.

[AnneGuedes]

Yes, arguido means suspect or official suspect.  Both McCanns and Robert Murat were official suspects.

No, it means person of interest assisted by lawyer.

[John]

No, it means person of interest assisted by lawyer.

I think it a little bit more than that Anne, a precursor to being formally arrested. It has been suggested that the equivalent in the UK is for a suspect to be cautioned and be read his or her rights.

[AnneGuedes]

I think it a little bit more than that Anne, a precursor to being formally arrested.

No, John, it's no more than an assisted witness. If you're not capable to pay a lawyer, a free of charge one is provided, in order to protect your civil rights, since you stop being a simple witness. It is not a precursor to formal arrest.

[John]

No, John, it's no more than an assisted witness. If you're not capable to pay a lawyer, a free of charge one is provided, in order to protect your civil rights, since you stop being a simple witness. It is not a precursor to formal arrest.

An arguido is a person suspected of having carried out a crime, the rest is window dressing.

Amaral suspected both McCanns and Robert Murat of being involved in Madeline's disappearance.  Had he not suspected them, they would not have been made arguidos.

[VIXTE]

An arguido is a person suspected of having carried out a crime, the rest is window dressing.

Amaral suspected both McCanns and Robert Murat of being involved in Madeline's disappearance.  Had he not suspected them, they would not have been made arguidos.

Arguido is 'a person of interest', not a suspect. Different to a suspect in English law. I've seen this described by a Portuguese poster who was a law student, and this was many years ago but he did make the differentiation between the suspect and the arguido.

[John]

Arguido is 'a person of interest', not a suspect. Different to a suspect in English law. I've seen this described by a Portuguese poster who was a law student, and this was many years ago but he did make the differentiation between the suspect and the arguido.

Persons of interest who are suspected of involvement in a crime.  The PJ don't designate knowingly innocent people as arguidos, that's the difference.

[Sherlock Holmes]

No, it means person of interest assisted by lawyer.

Can you give us an etymological meaning for the word 'arguido', please, Anne?

[VIXTE]

Persons of interest who are suspected of involvement in a crime.  The PJ don't designate knowingly innocent people as arguidos, that's the difference.

arguido is similar to 'questioned under caution' in the UK law.

A person can declare himself an arguido.

Agruido does not mean 'accused of any crime' what a suspect might mean.

Portuguese word for suspect is 'suspeito legal'

[Estuarine]

arguido rooted in Latin verb arguere: allege, accuse argue. I gathered at the time (2007) from a Portuguese colleague that arguido status conferred rights that a witness or suspect didn't have. ie the right to legal representation and the right to remain silent. A bit like being questioned under caution in UK and having rights read in US. I also gathered from said colleague that an arrest could not be made unless a person was arguido. Could have it all wrong of course!!!

[Mr Gray]

from what has been written re arguido status its fairly obvious that its the equivalent of being cautioned. As I pointed out some time ago none of the statements made by the MCanns can be used in court as they were not made arguido...apart from the one made by Gerry after the arguido status was applied

[John]

An "arguido" - normally translated as "named suspect" or "formal suspect" - is someone who is treated by Portuguese police as more than a witness, but has not been arrested or charged.

Under Portuguese law, a person declared an arguido has legal protection that is not extended to a witness, including the right to remain silent during questioning and the right to legal representation.

Detectives invoke arguido status on someone as a preliminary to an arrest being made or charges brought, a Portuguese law expert, Lita Gale, told Guardian Unlimited today.

ie.  a suspect!

More...

[Carana]

An "arguido" - normally translated as "named suspect" or "formal suspect" - is someone who is treated by Portuguese police as more than a witness, but has not been arrested or charged.

Under Portuguese law, a person declared an arguido has legal protection that is not extended to a witness, including the right to remain silent during questioning and the right to legal representation.

Detectives invoke arguido status on someone as a preliminary to an arrest being made or charges brought, a Portuguese law expert, Lita Gale, told Guardian Unlimited today.

ie.  a suspect!

More...

The laws have changed, John. I already posted what I'd found on this subject. Prior to the changes, any police officer having a thought in a shower could bring in witnesses as arguidos. It now has to be based on substantiated suspicions, whether that's enforced or not and who by may be a different issue.

Somewhere in the middle of all that is the issue that people could apply for arguido status themselves simply to ensure legal representation. I haven't followed all of the recent changes concerning witness and arguido status and rights.

[John]

The laws have changed, John. I already posted what I'd found on this subject. Prior to the changes, any police officer having a thought in a shower could bring in witnesses as arguidos. It now has to be based on substantiated suspicions, whether that's enforced or not and who by may be a different issue.

Somewhere in the middle of all that is the issue that people could apply for arguido status themselves simply to ensure legal representation. I haven't followed all of the recent changes concerning witness and arguido status and rights.

Let's not confuse what it is now compared to what it was in 2007.  A PJ officer wouldn't invoke the status unless he had good reason to suspect that the individual had been involved in a crime.  In the case of Robert Murat and the McCanns, Gonçalo Amaral suspected that they were involved in the disappearance of Madeleine McCann.   Each of them was suspected of involvement in a crime.

Kate McCann even mentions the status in her book 'Madeleine'.  She writes...

We soon found out that Murat had been made an
arguido. This formal status meant he would be
officially treated as a suspect in the crime.

and much later...

We were not going to be
questioned as witnesses, Ricardo finally admitted.
‘So what will our status be, then?’ Gerry pressed
him.
‘It’s called arguido.’
As if we’d never heard the word.
I dropped my head in my hands in utter disbelief. I
began to shake and cry. I shouted at Ricardo, ‘What
are you doing? Why are you doing this? I can’t
believe what’s going on! This is ridiculous. It’s
despicable.’ I shook my head over and over again.
‘This can’t be happening. This just cannot be true!’
What kind of country was this? And while the PJ
were going down this track, leading the media and
public to believe we were responsible for our
daughter’s disappearance, who was looking for
Madeleine?
I remember crying out in despair, ‘What will our
parents think? How will they cope with this? What
are you trying to do? Destroy our family completely?’ 

[Carana]

Would someone care to repost the laws on arguido status (from the Penal Process Code over the years in question and the changes). I don't mind doing so, but it could take a few days due to computer issues.