Manuel Fernando Araújo / Lusa
The Court of Olhão considered that the police, on time, violated the principle of impartiality provided for in the Code of Criminal Procedure in writing the news of the news about the crime in which the victim was.
The Public Prosecution Service and the Public Security Police (PSP) were recently surprised by the decision of the Court of Olhão, which decided to free a resurgers, although he was arrested in the act to assault the house of a PSP agent.
The case dates back to June 30, when the agent on that day off, surprised the intruder in his own home. The suspect, who was on parole, fled, but was eventually intercepted by the same police already on the public road, after stolen some personal effects, including a gold ring belonging to the agent’s mother, according to.
Despite having suffered slight injuries during the persecution, the agent dismissed medical assistance and wrote the news of the news about the crime. However, it was precisely this last act that led the judge to consider null and void the process that led to the detention in the act.
The judge considered that the police, when simultaneously the victim and the perpetrator of the auto, violated the principle of impartiality provided for in the Criminal Procedure Code.
The decision naturally caused surprise in the Public Prosecution Service and PSP itself, which had forwarded the case to court. The magistrate determined the filing of the process and the Immediate release of the defendantraising the question: What should be done when the agent himself is the victim of a crime?
According to lawyer António Cabrita, this interpretation of the law, although not unpublished, continues to generate controversy, since the agents of the authority are obliged to act on any public crime, including thefts or even homicides.
The Public Prosecution Service will now appeal the decision, while the National Directorate of PSP analyzes the case.
