Judges acknowledge increased delays in amnesty law enforcement

The president of the judges’ union admits that applying an amnesty for youth could delay the process, especially if court workers continue to strike, and links any difficulties in interpreting the law to “negligence or incompetence” of the legislator.

Asked by Lusa about possible difficulties for the courts in applying the amnesty law for youth coming into force on September 1, President of the Association of Portuguese Judges (ASJP) Manuel Soares said that any difficulties in interpretation or lack of clarity of the law will only be known when the courts start it. apply.

“When it starts to be applied in courts, it will be seen whether it is clear enough or raises serious doubts in interpretation. If this happens, it will not be due to lack of regulation, but due to negligence or the legislator. Laws should be well written and contain clear decisions. Especially when it comes to laws on pardons and amnesties for crimes, which, for obvious reasons, require special care in wording,” he told Luce.

On Thursday, Justice Minister Catarina Sarmento e Castro told a Council of Ministers “briefing” that the number of young people covered by the amnesty created in connection with World Youth Day (WYD), which took place in early August in Lisbon, could only be estimated after assessments of the processes that the courts have already begun to do.

This work in the courts, Manuel Soares admits, will delay other processes, especially if judicial officials resume with the opening of the courts in September the successive strikes that have taken place since the beginning of the year, with strong consequences already recognized by the Minister of Justice.

“Obviously, the amnesty law will introduce some delay in the processing of other processes. However, this is a one-time situation, which in principle will be resolved within a few days. Now there is an open problem that could ruin everything. This is a strike of judicial officials, which could stop or delay the application of the law,” Manuel Soares warned.

For the ASJP president, “the key to resolving this issue lies in the hands of the Minister of Justice, who, surprisingly, either has not yet realized the full gravity of what is happening in the courts, or has already realized and I don’t think it is very important,” adding: “I don’t I know which alternative is worse.

Manuel Soares stressed that the courts will reopen in September “with a backlog of cases” due to court holidays and workers’ strikes, and that “the application of the amnesty law will require careful analysis of many cases, which may number in the thousands.” something that “must be done as quickly as possible and very carefully so that there are no mistakes”, but which cannot be done “in one day”.

“I have no doubt that the judges of the criminal courts will have to devote themselves entirely to the analysis of these cases for some time. If there is another service that they cannot perform and should not be abandoned, the statutory replacement rules will work. “And if, nevertheless, it is foreseen that these decisions will not be enough, then the Supreme Council for the Judiciary will be able to take special and temporary administrative measures,” he said.

Manuel Soares also warns of the practical implications of the law, which will result in those sentenced to commutation or pardon, crimes to go unpunished, victims without their interests to be fully protected, and prisoners to be released.

“You need to know that this is the result of the political choice of the government that submitted the proposal and the parliament that approved it. This is not a decision of the courts, which is limited to the application of the law and the implementation of this option. the alternative policy is legitimate and it is not for the judges to criticize it. But then, when we move from the abstract text of the law to the concrete reality of practical application, if the parolee commits another crime or if the victim does not feel repaired, do not ask the judge for responsibility,” he said.

Last week, Diário da República published the Youth Amnesty Law, amended by the President of the Republic, Marcelo Rebelo de Sousa, who regretted that the diploma did not have immediate effects and without prejudice to a later assessment “with an objective that its scope can be expanded without age restrictions.

At stake are crimes and offenses committed prior to June 19 by young people between the ages of 16 and 30, providing for a one-year pardon for all sentences up to eight years in prison.

The amnesty regime is also provided for offenses with a maximum applicable fine of up to 1,000 euros and criminal offenses for which the penalty does not exceed one year’s imprisonment or 120 days’ fine.

The law includes exceptions to pardons and amnesties that do not benefit, namely, those who have committed crimes such as murder, infanticide, domestic violence, abuse, serious violation of physical integrity, female genital mutilation, violation of qualified physical integrity , forced marriage, kidnapping, against sexual freedom and self-determination, extortion, discrimination and incitement to hatred and violence, influence peddling, money laundering or corruption.