Author Topic: Kate McCann admits in her book that private criminal investigations in Portugal were illegal.  (Read 136339 times)

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Offline Angelo222

I have looked through the 2007 Penal Code.

Which statutes back in 2007 do you find incompatible with private attempts to find your missing child?

The Penal Code won't be that specific but Antonio Martins, president of the National Association of Portuguese Judges, told the newspaper 24 Horas: "It is still up to the state to carry out criminal investigation. That kind of private activity has no legal standing".

"Anything that results from private investigation has no substance."

Mr Martins said the private detectives and even the McCanns themselves could be accused of "obstruction of justice".

Carlos Anjos, the head of Portugal's criminal police federation, added: "This can only be another diversion tactic from the McCanns. It is nothing but folklore.

"Portugal does not have legislation in this area. Private detectives who intervene in criminal cases cannot exist.

"The law only tolerates private detectives who gather information and only about matters of the private lives of certain people like extramarital relationships."

A separate police source warned that the involvement of investigators may not only be illegal but could have a detrimental effect on the inquiry.

The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

They were arrested in any event, Halligen from Oakley and Marco from Metodo 3.  Both companies are now defunct, bankrupt, bust.  Karma works in mysterious ways imo.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Carana

The Penal Code won't be that specific but Antonio Martins, president of the National Association of Portuguese Judges, told the newspaper 24 Horas: "It is still up to the state to carry out criminal investigation. That kind of private activity has no legal standing".

"Anything that results from private investigation has no substance."

Mr Martins said the private detectives and even the McCanns themselves could be accused of "obstruction of justice".

Carlos Anjos, the head of Portugal's criminal police federation, added: "This can only be another diversion tactic from the McCanns. It is nothing but folklore.

"Portugal does not have legislation in this area. Private detectives who intervene in criminal cases cannot exist.

"The law only tolerates private detectives who gather information and only about matters of the private lives of certain people like extramarital relationships."

A separate police source warned that the involvement of investigators may not only be illegal but could have a detrimental effect on the inquiry.

The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

They were arrested in any event, Halligen from Oakley and Marco from Metodo 3.


"The Penal Code won't be that specific" Are you sure about that?


As Carlos Anjos said: ""Portugal does not have legislation in this area." If it doesn't have legislation in that area, how can the principle be illegal?

« Last Edit: January 27, 2016, 02:56:37 PM by Carana »

ferryman

  • Guest
The Penal Code won't be that specific but Antonio Martins, president of the National Association of Portuguese Judges, told the newspaper 24 Horas: "It is still up to the state to carry out criminal investigation. That kind of private activity has no legal standing".

"Anything that results from private investigation has no substance."

Mr Martins said the private detectives and even the McCanns themselves could be accused of "obstruction of justice".

Carlos Anjos, the head of Portugal's criminal police federation, added: "This can only be another diversion tactic from the McCanns. It is nothing but folklore.

"Portugal does not have legislation in this area. Private detectives who intervene in criminal cases cannot exist.

"The law only tolerates private detectives who gather information and only about matters of the private lives of certain people like extramarital relationships."

A separate police source warned that the involvement of investigators may not only be illegal but could have a detrimental effect on the inquiry.

The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

They were arrested in any event, Halligen from Oakley and Marco from Metodo 3.  Both companies are now defunct, bankrupt, bust.  Karma works in mysterious ways imo.

Key words: come here.

If they don't, Portuguese officialdom has no choice but to butt out ....

Offline Carana

I have read the sections you posted earlier, and I can see nothing that explicitly states that one cannot investigate, whether there is an active Portuguese police investigation or not.

However, most of the stuff does mean that someone HIRED to investigate, would, by virtue of their profession, be opening themselves up to multiple risks of prosecution.

The first sanity check on this is - do private investigators actually exist within Portugal?  The second is - if PI's do exist, precisely what services do they advertise?

I cannot for the life of me see why one would employ PIs in Spain re an investigation in Portugal if one could employ Portuguese-based PIs.


I can find nothing that would indicate that anyone whose means of finding information is legal and providing that all such information is duly transmitted in the entirety to the authorities, is any way illegal.

If, for instance, you had means to count how many manholes were potentially open during the ongoing public works at the time in PdL... is that illegal?

Offline Angelo222


"The Penal Code won't be that specific" Are you sure about that?


As Carlos Anjos said: ""Portugal does not have legislation in this area." If it doesn't have legislation in that area, how can the principle be illegal?

I think most are agreed that employing private contractors to investigate a crime (assuming there ever was one) which was perpetrated on Portuguese soil was a bit of a cheek especially when the McCanns had just had their arguido or official suspect status lifted for lack of evidence.  Kate was correct to state it was illegal because it is illegal and was seen as obstructing justice.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

ferryman

  • Guest
I think most are agreed that employing private contractors to investigate a crime (assuming there ever was one) which was perpetrated on Portuguese soil was a bit of a cheek especially when the McCanns had just had their arguido or official suspect status lifted for lack of evidence.  Kate was correct to state it was illegal because it is illegal and was seen as obstructing justice.

You (just about!) stay within bounds of fact until your final sentence.

The McCanns did nothing illegal.

Offline Carana

I think most are agreed that employing private contractors to investigate a crime (assuming there ever was one) which was perpetrated on Portuguese soil was a bit of a cheek especially when the McCanns had just had their arguido or official suspect status lifted for lack of evidence.  Kate was correct to state it was illegal because it is illegal and was seen as obstructing justice.

I have taken the time to find potential articles in the 2007 penal code.... There doesn't seem to be much interest.

Offline Alice Purjorick

The Penal Code won't be that specific but Antonio Martins, president of the National Association of Portuguese Judges, told the newspaper 24 Horas: "It is still up to the state to carry out criminal investigation. That kind of private activity has no legal standing".

"Anything that results from private investigation has no substance."

Mr Martins said the private detectives and even the McCanns themselves could be accused of "obstruction of justice".

Carlos Anjos, the head of Portugal's criminal police federation, added: "This can only be another diversion tactic from the McCanns. It is nothing but folklore.

"Portugal does not have legislation in this area. Private detectives who intervene in criminal cases cannot exist.

"The law only tolerates private detectives who gather information and only about matters of the private lives of certain people like extramarital relationships."

A separate police source warned that the involvement of investigators may not only be illegal but could have a detrimental effect on the inquiry.

The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

They were arrested in any event, Halligen from Oakley and Marco from Metodo 3.  Both companies are now defunct, bankrupt, bust.  Karma works in mysterious ways imo.

Alpha wotsit was dissolved in July 2011. So that's a prile.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Angelo222


I can find nothing that would indicate that anyone whose means of finding information is legal and providing that all such information is duly transmitted in the entirety to the authorities, is any way illegal.

If, for instance, you had means to count how many manholes were potentially open during the ongoing public works at the time in PdL... is that illegal?

You can't pick and choose the tasks Carana.  The McCanns should have stayed in Portugal and assisted the official investigation instead of hightailing it out at the first opportunity.  They let Madeleine down and they let themselves down by their actions.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Angelo222

I have taken the time to find potential articles in the 2007 penal code.... There doesn't seem to be much interest.

Which Article covers attempting to pervert the course of justice?
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Angelo222

Alpha wotsit was dissolved in July 2011. So that's a prile.

That was a crock from the start.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Carana

You can't pick and choose the tasks Carana.  The McCanns should have stayed in Portugal and assisted the official investigation instead of hightailing it out at the first opportunity.  They let Madeleine down and they let themselves down by their actions.


That doesn't answer my question. Which statute in the 2007 Penal Code prohibits anyone from providing information to an investigation, within the laws of the land?

Alfred R Jones

  • Guest
You can't pick and choose the tasks Carana.  The McCanns should have stayed in Portugal and assisted the official investigation instead of hightailing it out at the first opportunity.  They let Madeleine down and they let themselves down by their actions.
Were there no flights between Portugal and Britain between early May 2007 and early September then?

Offline Lace

I think most are agreed that employing private contractors to investigate a crime (assuming there ever was one) which was perpetrated on Portuguese soil was a bit of a cheek especially when the McCanns had just had their arguido or official suspect status lifted for lack of evidence.  Kate was correct to state it was illegal because it is illegal and was seen as obstructing justice.

Did you see this Angelo -



 "They can now focus on the work of Metodo 3 who are using all their significant resources across several countries. It's illegal for them to work in Portugal, and their investigation is separate from the official police inquiry, but has been approved by the local detectives and all information will be passed on to them."



Seems as though they had ok'd it with the detectives in Portugal and they passed on all that they discovered.

Offline Carana

Which Article covers attempting to pervert the course of justice?

Any help?

CAPÍTULO III
Dos crimes contra a realização da justiça

An interesting chapter...

If you search up, you might notice that I've posted numerous articles that might be illegal for anyone.


« Last Edit: January 27, 2016, 03:20:14 PM by Carana »