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2021-07-09
Henrique Salinas comments on a Draft Law that intends to limit mega-processes

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Draft Law 103/XIV/2, debated this Friday in Parliament, intends to limit the so-called mega-processes and strengthen the number of judges at the Central Criminal Instruction Court. However, these measures may fall short in contributing to making justice more efficient and fair. In statements to Jornal de Negócios, Henrique Salinas, CCA's Partner and head of the Criminal Law & Compliance area, comments on the changes that the Government intends to make to the Law on the Organization of the Judicial System and to the regime applicable to the organization and the functioning of the judicial courts.

Although the Draft Law "makes reference, in its explanatory memorandum, to the concern of 'mega-processes', it does not bring in its pleadings any legislative solution likely to have any relevance in the matter. In fact, it is limited to determining the extinction of the Criminal Instruction Court of Lisbon, which will be integrated into the Central Criminal Instruction Court (TCIC) [the so-called Ticão], also based in Lisbon", specifies the CCA partner.

Henrique Salinas shows, however, that the intention is "to solve a concrete and cyclical problem which resulted from the creation of a tribunal which started with a single judge and which currently has only two judges", adding that "if this proposal is approved by the Assembly of the Republic, it will only be solving a cyclical problem, and therefore in no way contributing to the improvement of criminal justice".