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

[Alfred R Jones]

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)   

Ah, yes that would make sense.  You can't be asked outright "did you abduct the child", only when an arguido...

[VIXTE]

I thought I've read somewhere during these 7 years that you cannot be an arguido twice in the same case..

[Carana]

He must be heard as a witness or as a defendant.

John. Google translates arguido as defendant. That's actually libellous as Murat hasn't been charged - the Met simply want to interview him (allegedly).

Arguido CAN mean defendant, as the status starts when the person is constituted as such (person of interest / formal suspect) right up until the end of the appeal process if a case is taken to the criminal court.

[jassi]

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

I guess after this length of time it would not be unreasonable to say 'I can't remember'

[misty]

Arguido

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Arguido (male, Portuguese pronunciation: [ɐɾˈɡwidu]) or arguida (female, [ɐɾˈɡwidɐ]), normally translated "named suspect" or "formal suspect",[1] is a status in Portuguese language legal systems, including the legal systems of Portugal and Mozambique.[2] It is given to a person whom the authorities suspect may have committed an offence.[1] This designation does not exist in certain other jurisdictions.[3] In a criminal investigation a person has to be declared an arguido prior to being arrested.[4] Portuguese law makes a distinction between arguido and suspect.[5]



Contents  [hide]
1 The rights of an arguido
2 Comparison with common-law administrations
3 Etymology
4 References


The rights of an arguido[edit]

If a person becomes an arguido, they automatically gain certain rights that a witness or suspect would not have.[6] An arguido has the right to be accompanied by a lawyer when questioned.[4] The investigating police may ask the arguido more direct accusatory questions (the answers to which would not be admissible in court if possibly self-incriminatory and asked of a non-arguido) but the arguido must be presented with whatever evidence is held against them,[6] and unlike a witness has the right to remain silent,[7] not to answer any question that may incriminate the person, and does not face legal action for lying.[8]

Witnesses in criminal investigations are legally bound to co-operate with the police and do not have the right to silence and face legal actions if they lie.[6][8] Because of the legal advantages, some individuals apply for arguido status to be given to themselves, e.g. when it would appear that the police suspect them but are trying to use their witness status to extract as much information as possible.[6]

A person who has arguido status has not been formally accused of a crime, arrested or charged,[9] and not all arguidos are subsequently charged.[1] The police may ask a court to restrict an arguido's movement and oblige them to not leave the country.[1] Arguidos cannot change their place of residence, without permission from a court.[9] There is no time limit on the status.[10]

Comparison with common-law administrations[edit]

The status is very similar to that of being "questioned under caution" under the Police and Criminal Evidence Act in the United Kingdom or being questioned after being read one's "Miranda Rights" in the USA, specifically the right to legal representation, the liberty to refuse to answer questions, and the admissibility in court of statements taken whilst in those statuses

[Carana]

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...?

IF the questions are probing and intend to go a step further than "Do you recall anything of significance?" towards "Can you explain the following apparent discrepancies as to where you were / what you did on X date?", then you could get slapped with arguido status, or request it yourself.

It's a PT version of the Miranda rights, but can start prior to any potential arrest. The media make a fuss about it, but just about everyone and his brother seems to be or have been an arguido in PT at some point.

[Carana]

Arguido

From Wikipedia, the free encyclopedia

Jump to: navigation, search


Arguido (male, Portuguese pronunciation: [ɐɾˈɡwidu]) or arguida (female, [ɐɾˈɡwidɐ]), normally translated "named suspect" or "formal suspect",[1] is a status in Portuguese language legal systems, including the legal systems of Portugal and Mozambique.[2] It is given to a person whom the authorities suspect may have committed an offence.[1] This designation does not exist in certain other jurisdictions.[3] In a criminal investigation a person has to be declared an arguido prior to being arrested.[4] Portuguese law makes a distinction between arguido and suspect.[5]



Contents  [hide]
1 The rights of an arguido
2 Comparison with common-law administrations
3 Etymology
4 References


The rights of an arguido[edit]

If a person becomes an arguido, they automatically gain certain rights that a witness or suspect would not have.[6] An arguido has the right to be accompanied by a lawyer when questioned.[4] The investigating police may ask the arguido more direct accusatory questions (the answers to which would not be admissible in court if possibly self-incriminatory and asked of a non-arguido) but the arguido must be presented with whatever evidence is held against them,[6] and unlike a witness has the right to remain silent,[7] not to answer any question that may incriminate the person, and does not face legal action for lying.[8]

Witnesses in criminal investigations are legally bound to co-operate with the police and do not have the right to silence and face legal actions if they lie.[6][8] Because of the legal advantages, some individuals apply for arguido status to be given to themselves, e.g. when it would appear that the police suspect them but are trying to use their witness status to extract as much information as possible.[6]

A person who has arguido status has not been formally accused of a crime, arrested or charged,[9] and not all arguidos are subsequently charged.[1] The police may ask a court to restrict an arguido's movement and oblige them to not leave the country.[1] Arguidos cannot change their place of residence, without permission from a court.[9] There is no time limit on the status.[10]

Comparison with common-law administrations[edit]

The status is very similar to that of being "questioned under caution" under the Police and Criminal Evidence Act in the United Kingdom or being questioned after being read one's "Miranda Rights" in the USA, specifically the right to legal representation, the liberty to refuse to answer questions, and the admissibility in court of statements taken whilst in those statuses

Thanks, Misty. Most of that seems accurate, but not all of it.

There is a thread on here somewhere... I'd found that during a criminal trial the term for defendant is also "arguido" - and that seems to apply all the way up until the end of the appeals process. I think that it was in the same thread that I'd pointed out the translation mistake in the document that Kate and Gerry had to sign re the arguido status (it was translated as "defendant").

The meaning of the term therefore differs according to context.

[Carana]

Here we go...

http://miscarriageofjustice.co/index.php?topic=2127.msg70431#msg70431


And here is the entry in the IATE database on the various ways in which "arguido" has been translated:

http://miscarriageofjustice.co/index.php?topic=2127.msg70522#msg70522

[Luz]

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...?

No it doesn't.

ARGUIDO is a legal protection (status) given to suspects when under close scrutiny: police interrogation, house & work searches, cars,..
The Arguido status is in effect only while the suspects are directly under the scope. The fact that a case is archived implies an immediate suspension of the Arguido status (legal protection) of the suspects but in no way their clearance without a formal Trial.

[Alfred R Jones]

No it doesn't.

ARGUIDO is a legal protection (status) given to suspects when under close scrutiny: police interrogation, house & work searches, cars,..
The Arguido status is in effect only while the suspects are directly under the scope. The fact that a case is archived implies an immediate suspension of the Arguido status (legal protection) of the suspects but in no way their clearance without a formal Trial.

Where did I say anything about the status of an arguido and being cleared or not?

[Mr Gray]

same as being cautioned in the UK....it enables the police to use any statement in court at a later date

[Luz]

I thought I've read somewhere during these 7 years that you cannot be an arguido twice in the same case..

You can be made Arguido as many times as the Prosecutor approves that you must be inquested about matters that may compromise you as a suspect. But it's unusual/infrequent.

[bros]

You can not make someone arguidos or even witness if you dont have hard evidence which you can take in court. This why Public prosecutor or Investigative Judge have previously examined evidence that they are hard as a brick before he/she assign status to a person. Usually witness in this late stage is last chance for someone to explain his circumstances previously noted.

SY is cutting through if they have approved 11 persons for interview.

[Carana]

You can not make someone arguidos or even witness if you dont have hard evidence which you can take in court. This why Public prosecutor or Investigative Judge have previously examined evidence that they are hard as a brick before he/she assign status to a person. Usually witness in this late stage is last chance for someone to explain his circumstances previously noted.

SY is cutting through if they have approved 11 persons for interview.

Erm... I'm really not sure what you mean by that. Do explain...

[bros]

SY  has serous evidence against this 11 persons +4 persons from July.