The 'Arguido' designation. What does it mean to invoke such a status?

[jassi]

Can witnesses request to be made arguido ?

74

[pegasus]

Can witnesses request to be made arguido ?

yes IMO

[ferryman]

yes IMO

Certainly, by the laws that applied in 2007, yes!

I don't know if it's changed since ...

[Carana]

Why would the Portuguese police allow their own citizens to be made arguidos if the Met had absolutely no grounds whatsoever to interview them as part of the Madeleine investigation?

Since the changes in the law, being made an arguido has to be based on founded suspicion and the arguido has the right to be informed of the evidence. A witness can also request arguido status.

However, it may be that the PT magistrate is being extra cautious as the line of questioning might be normal for the UK, but borderline in PT terms. There could be other reasons, e.g., the Met would like a DNA sample, or because some may have suspected dodgy issues in their past that could come up during questioning and which would warrant the status, whether or not they are suspected with involvement in Madeleine's disappearance.

[John]

Since the changes in the law, being made an arguido has to be based on founded suspicion and the arguido has the right to be informed of the evidence. A witness can also request arguido status.

However, it may be that the PT magistrate is being extra cautious as the line of questioning might be normal for the UK, but borderline in PT terms. There could be other reasons, e.g., the Met would like a DNA sample, or because some may have suspected dodgy issues in their past that could come up during questioning and which would warrant the status, whether or not they are suspected with involvement in Madeleine's disappearance.

The arguido status is a protection under Portuguese law and must be viewed as such. 
 

[Mr Gray]

The arguido status is a protection under Portuguese law and must be viewed as such.

protection against what...and what protection does it give?

[ferryman]

protection against what...and what protection does it give?

The protection not to be obliged to answer questions.

Also the protection that nothing said in police interviews can be used later in court unless repeated in court.

That, at least, is my understanding.

Doubtless Jean-Pierre will correct me if I am wrong.

[Mr Gray]

The protection not to be obliged to answer questions.

Also the protection that nothing said in police interviews can be used later in court unless repeated in court.

That, at least, is my understanding.

Doubtless Jean-Pierre will correct me if I am wrong.

gives you the right not to answer questions but you will be assumed guilty if you exercise this right

[Carana]

The protection not to be obliged to answer questions.

Also the protection that nothing said in police interviews can be used later in court unless repeated in court.

That, at least, is my understanding.

Doubtless Jean-Pierre will correct me if I am wrong.

And to benefit from a lawyer present in a more active way than a witness (now) has. Before witnesses weren't entitled to have one present, they now do, but only to inform them of legal rights and the witnesses are still obliged to answer all the questions.

[Alfred R Jones]

If SY wants the PJ to ask these persons: "Did you kill Madeleine McCann and take her body away?", they would have to be made arguidos by law.

Why would the PT authorities allow the Met to ask their citizens such a question unless there were some grounds on which to ask it?

[Eleanor]

"Witnesses must answer questions."  So what happens if they refuse, or can't answer because they don't know?  This has always seemed like a silly statement to me.
They might not want the shame of being made an arguido, so don't request it.

So far it has seemed that The PJ can bestow the status if they wish to ask awkward or incriminatory questions.  But since they are likely to get no more answers, they would surely be reluctant to do this.
This is quite likely why The McCanns were not subjected to Rogatory Interviews.  Stalemate.

[Eleanor]

So Arguido means Suspect, does it?  And having the term lifted means Not A Suspect?

[Alfred R Jones]

As I understand it (though it doesn't make much sense to me) if you're a witness you have to answer all questions, if you're an arguido you don't - so better for the police to question individuals as witnesses surely...?

[Eleanor]

As I understand it (though it doesn't make much sense to me) if you're a witness you have to answer all questions, if you're an arguido you don't - so better for the police to question individuals as witnesses surely...?

And if they refuse to answer they can then be made Suspects.  Voila.

[Benice]

As I understand it (though it doesn't make much sense to me) if you're a witness you have to answer all questions, if you're an arguido you don't - so better for the police to question individuals as witnesses surely...?

IIRC there are restrictions on the type of questions you can be asked as a witness.  (from memory so am happy to be corrected if necessary)