Paulo Pereira Cristovão opposes the decision of the Lisbon Court of Appeal The Lisbon Court of Appeal returns a case to the Central Criminal Investigation Court.04.04.17Paulo Pereira Cristóvão's defense challenged the decision of the Lisbon Court of Appeals (TRL) to return the case, which has 17 defendants accused of violent robberies to the Central Criminal Investigation Court (TCIC).
On 29 March, the TRL, in accordance with the judgment handed down in February by the Supreme Court of Justice, declared the TCIC incompetent to proceed with the investigation phase, but decided to refer the case back to the TCIC for a ruling by the competent court.
According to the objection, which the Lusa agency had access to today, the defense of the former inspector of the Judiciary Police maintains that "it is a frontal violation of the law the decision to send the case to the TCIC,
In the impugnation sent to TRL, signed by attorneys Rui Costa and Paulo Farinha Alves, it is said that such a decision "conflicts (illegal and) frontally" with what determines the legislator:
"Declared incompetent the court, the case is referred to the court competent".
"Contrary to what the legislature has determined, the appellant points out, by the contested judgment, that the case is referred to the court which has just ruled that it has no jurisdiction."
The judges judges Vasco Freitas and Rui Gonçalves claim in TRL's judgment that they will only return the case to the TCIC for it to decide which court will "guarantee all guarantees of defense of the defendant, in particular his right to appeal, Ruling on the jurisdiction in question ".
"The defendant takes note of the concern which has just been expressed as to his assurances of defense and his right of appeal. However, with all due respect, he will say that the contested judgment is based on incorrect premises, without legal support and without support In the facts passed in these proceedings, "counter the lawyers.
The defense of the former Inspector of the PJ argues that if the Lisbon Court of Appeal declared that the TCIC was incompetent - as it effectively did - "then it would have been limited to refer the case back to the competent court, ,
Did not ... yet.
" The lawyers set the example of two previous rulings of the Lisbon Relation in which they declared the TCIC "incompetent to carry out" the investigation phase of their respective cases, And immediately ordered the referral of the case to the competent court.
"To determine the referral of these appeals to the TCIC is, beyond a gross error of law, and a way of applying the law in an unconstitutional sense, a true legal nonsense," argue lawyers Rui Costa and Paulo Farinha Alves.
The defense of the former inspector of the PJ and former vice-president of Sporting requests that the TRL sends the files to the Court of Criminal Instruction of Cascais - court that they consider to be the competent one for the accomplishment of the instruction - and not to the TCIC.
The trial, which runs from June 2016 in Lisbon, has been suspended since February 16 of this year.
The 18 defendants, including three policemen and leone Juve Leo, Nuno Vieira Mendes, known as Mustafa, Respond by criminal association, theft, kidnapping, possession of prohibited weapon, abuse of power, violation of domicile by official and falsification of document.
According to the indictment, Paulo Pereira Cristóvão, a former PJ inspector and also a former vice-president of Sporting, two other defendants and the three police gathered information and decided which people and places to attack by the group, namely in the Lisbon area and on the bank South of the Tagus River.
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