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

[Mr Gray]

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

is it the local football team

[jassi]

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

Evidence, maybe - whether it proves to be serious remains to be seen.

[Carana]

Again, in context, "arguido" is being incorrectly translated as "defendant".

Where on earth does this idea of 253 questions originate? How much time would be required to ask that many questions, have the answers typed up and reviewed by witnesses prior to signing? Even of people who are fluent in Portuguese, let alone the time-consuming process if interpreters are required?

The only aspect of that article that makes sense to me at the moment is that people are to be interviewed as witnesses (in the legal sense), unless there is a valid reason to change the status at some point in the light of replies requiring further probing.

[jassi]

Again, in context, "arguido" is being incorrectly translated as "defendant".

Where on earth does this idea of 253 questions originate? How much time would be required to ask that many questions, have the answers typed up and reviewed by witnesses prior to signing? Even of people who are fluent in Portuguese, let alone the time-consuming process if interpreters are required?

The only aspect of that article that makes sense to me at the moment is that people are to be interviewed as witnesses (in the legal sense), unless there is a valid reason to change the status at some point in the light of replies requiring further probing.

Perhaps a total number of questions. Even that would be 23 each for 11 people and might suggest that they were all going to be asked the same questions.

[John]

Again, in context, "arguido" is being incorrectly translated as "defendant".

Where on earth does this idea of 253 questions originate? How much time would be required to ask that many questions, have the answers typed up and reviewed by witnesses prior to signing? Even of people who are fluent in Portuguese, let alone the time-consuming process if interpreters are required?

The only aspect of that article that makes sense to me at the moment is that people are to be interviewed as witnesses (in the legal sense), unless there is a valid reason to change the status at some point in the light of replies requiring further probing.

I'm glad you raised this point Carana.


ARGUIDO
(The status of “arguido”/ defendant)

The status of arguido (defendant) is granted when an inquiry has been opened or an investigation is led regarding a specific person, if there are grounds to suspect that such person has committed a criminal offence and when that person is heard by a judicial authority – Public Prosecutor or Examining Judge – or a criminal police body, or where a coercive or patrimonial guarantee measure must be imposed or the suspect is detained. When acquiring the status of arguido, the person benefits from a set of procedural rights and duties covered by law.

Under this status, the person is no longer a simple participant in proceedings, differently from the suspect who does not have a specific status, but is indeed a subject in court, and has the right to: be assisted by a defence counsel; attend all procedural acts that directly affect him; be heard in court or before the examining judge whenever they render a decision that may personally affect him; be informed on charges against him prior to making statements before any authority; take part in the inquiry (and in the examination – instrução - before the Examining Court) by providing evidence and requesting any measures found necessary; request the opening of the examination stage (instrução) where the Public Prosecutor has formally charged him, in order to challenge this decision and to prevent it from being submitted to a criminal court.

[Portuguese Code of Criminal Procedure (CCP), Articles 57-67]

www.gddc.pt/codigos/notas-de-traducao_ingles.html

[Carana]

Perhaps a total number of questions. Even that would be 23 each for 11 people and might suggest that they were all going to be asked the same questions.

Well done, Jassi, that's quite plausible. 

[Carana]

I'm glad you raised this point Carana.


ARGUIDO
(The status of “arguido”/ defendant)

The status of arguido (defendant) is granted when an inquiry has been opened or an investigation is led regarding a specific person, if there are grounds to suspect that such person has committed a criminal offence and when that person is heard by a judicial authority – Public Prosecutor or Examining Judge – or a criminal police body, or where a coercive or patrimonial guarantee measure must be imposed or the suspect is detained. When acquiring the status of arguido, the person benefits from a set of procedural rights and duties covered by law.

Under this status, the person is no longer a simple participant in proceedings, differently from the suspect who does not have a specific status, but is indeed a subject in court, and has the right to: be assisted by a defence counsel; attend all procedural acts that directly affect him; be heard in court or before the examining judge whenever they render a decision that may personally affect him; be informed on charges against him prior to making statements before any authority; take part in the inquiry (and in the examination – instrução - before the Examining Court) by providing evidence and requesting any measures found necessary; request the opening of the examination stage (instrução) where the Public Prosecutor has formally charged him, in order to challenge this decision and to prevent it from being submitted to a criminal court.

[Portuguese Code of Criminal Procedure (CCP), Articles 57-67]

www.gddc.pt/codigos/notas-de-traducao_ingles.html

Arguido is a difficult term to translate in English as it relates to a different legal system and the term can apply prior to any arrest / charge right up until the final legal ruling in a criminal case.

If that were not so, then we would have to agree that Amaral was a "defendant" in the Cipriano case as of 4 May 2007.

In which case, that would raise even more questions as to why he was allowed to coordinate the McCann investigation...

[John]

Again, in context, "arguido" is being incorrectly translated as "defendant".

Where on earth does this idea of 253 questions originate? How much time would be required to ask that many questions, have the answers typed up and reviewed by witnesses prior to signing? Even of people who are fluent in Portuguese, let alone the time-consuming process if interpreters are required?

The only aspect of that article that makes sense to me at the moment is that people are to be interviewed as witnesses (in the legal sense), unless there is a valid reason to change the status at some point in the light of replies requiring further probing.

Appears these questions have been ' suggested' as it is ultimately up to the PJ whether or not they ask them.

[John]

Arguido is a difficult term to translate in English as it relates to a different legal system and the term can apply prior to any arrest / charge right up until the final legal ruling in a criminal case.

If that were not so, then we would have to agree that Amaral was a "defendant" in the Cipriano case as of 4 May 2007.

In which case, that would raise even more questions as to why he was allowed to coordinate the McCann investigation...

Yes, Portuguese terms are unique to Portugal jurisdictions, there is not exact English equivalent.  As reported in the Portuguese site above, Arguido is not merely a suspect.

Clearly the term 'defendant' has a significance to the Portuguese aside from that we in the UK are familiar with.

[Carana]

Erm... John, are you happy with the translation of arguido as "defendant" on here?

I do notice that you've moved points to here (yet another arguido definition thread).

http://miscarriageofjustice.co/index.php?topic=5673.0

What happened to my comment that if arguido were to be necessarily defined as a "defendant", then that would raise the question as to how appropriate it was to have Amaral coordinating the McCann investigation in view of the fact that he was himself made an arguido on 4 May 2007 in the Cipriano case?

As far as I'm aware, Amaral hadn't been charged at that time.

[John]

Erm... John, are you happy with the translation of arguido as "defendant" on here?

I do notice that you've moved points to here (yet another arguido definition thread).

http://miscarriageofjustice.co/index.php?topic=5673.0

What happened to my comment that if arguido were to be necessarily defined as a "defendant", then that would raise the question as to how appropriate it was to have Amaral coordinating the McCann investigation in view of the fact that he was himself made an arguido on 4 May 2007 in the Cipriano case?

As far as I'm aware, Amaral hadn't been charged at that time.

I don't see any alternative unless we keep the term Arguido and don't attempt to translate it.  The Portuguese word for suspect is suspeitos just as arguido translates as defendant.

I have amended the article accordingly.

[Carana]

I don't see any alternative unless we keep the term Arguido and don't attempt to translate it.  The Portuguese word for suspect is suspeitos just as arguido translates as defendant.

I have amended the article accordingly.

I find keeping "arguido" to be a better solution.

Arguido can also translate as "formal suspect", because the PJ can suspect you (e.g., put you under covert surveillance as an "informal suspect"), prior to the formal status as an arguido.

[Carana]

Yes, Portuguese terms are unique to Portugal jurisdictions, there is not exact English equivalent.  As reported in the Portuguese site above, Arguido is not merely a suspect.

Clearly the term 'defendant' has a significance to the Portuguese aside from that we in the UK are familiar with.

I find it to be the other way around, John. Arguido has a broader significance in Portugal than any single term used in the UK / US.

It does, however, have a negative connotation in public perception, no doubt enhanced by tabloid media.

[John]

I find it to be the other way around, John. Arguido has a broader significance in Portugal than any single term used in the UK / US.

It does, however, have a negative connotation in public perception, no doubt enhanced by tabloid media.

Arguido really cannot be interpreted as suspect because any witness can claim this status as protection under the Law. 

[Carana]

Arguido really cannot be interpreted as suspect because any witness can claim this status as protection under the Law.

Even less as defendant, then. Until, of course, someone is charged and / or becomes a defendant in a criminal court case.