The entry into force on Friday of the amnesty law approved on World Youth Day will have no immediate impact in the courts, with some court officials saying it is premature to estimate the number of people covered.
“I think it is impossible to make a preliminary assessment, but there will be hundreds of cases that will have to be reviewed. Since the amnesty is not automatically applied, this means that both the prosecutors and the judges handling the cases will have to analyze,” said Luce, the President of the Union of Judicial Officers (SFJ).
António Marsal emphasized that a significant number of people who can benefit from the law are serving sentences for a number of crimes, which implies eventually implementing a legal combination to determine a new sentence: “And this cannot be done immediately, not least because what tomorrow [sexta-feira] there will also be other processes, just as urgent, that need to be guaranteed.”
The General Directorate for Reintegration and Prison Service (DGRSP), which in various prisons is responsible for the execution of release orders issued by the courts, reacted in a similar way.
“It is premature to talk about the number of people incarcerated who can benefit from pardons and amnesties and be released immediately, as predicting any value is difficult to do, given the fact that the court decisions that will be made are based on age limits and on the intersection many legal and criminal variables,” the authority explained in a reply sent to Luce.
The entry into force of the amnesty law is also marked by an incident between the Directorate-General for the Administration of Justice (DGAJ) and the judges, according to the Público newspaper this Thursday.
In a circular released on Tuesday, the organization’s CEO Isabelle Namora indicated that the steps to identify and process the processes under this law must be completed before the amnesty goes into effect.
In said letter, the DGAJ also emphasized that any release warrants must be issued and sent to the appropriate prison no later than today, effective September 1, the effective date of the law, “to ensure that the rights of liberty and guarantees” of persons subject to amnesty and pardon.
However, these instructions were rejected by the justices of the peace: several district presidents protested, and the Syndicate Association of the Portuguese (ASJP) recalled that the issue was within the competence of the jurisdiction.
“The instructions contained in said circular are illegal and should be withdrawn,” the ASJP said.
The Supreme Council of the Judiciary (SCM) convened urgently on Wednesday and pointed to “unusual interference with the governing powers of the court vested in district presidents” as well as the competence of judges in these cases.
According to the discussion, the SCM stated that it “fully understands the reaction” of the district presidents and expressed “full confidence” in the application of the law by the courts.
The organization also emphasized that the court decision “of course, should be taken only after the entry into force of the law” and called for interaction between various actors “to avoid incidents like the one recorded in the future.”
Lusa appealed to the Ministry of Justice about this situation, but has not yet received a response.
This law deals with crimes and offenses committed before June 19 by young people between the ages of 16 and 30, which provides for a one-year pardon for all sentences up to eight years in prison.
The amnesty regime is also provided for crimes with a maximum fine of up to 1,000 euros, as well as criminal offenses for which the punishment does not exceed one year of imprisonment or 120 days of a fine.
The law includes non-beneficial exceptions, namely, perpetrators of crimes such as murder, infanticide, domestic violence, abuse, crimes against serious physical integrity, female genital mutilation, crimes against qualified physical integrity, forced marriage, kidnapping. people, against sexual freedom and self-determination, extortion, discrimination and incitement to hatred and violence, influence peddling, money laundering or corruption.
Author: Portuguese
Source: CM Jornal
I’m Sandra Hansen, a news website Author and Reporter for 24 News Reporters. I have over 7 years of experience in the journalism field, with an extensive background in politics and political science. My passion is to tell stories that are important to people around the globe and to engage readers with compelling content.