Author(s) Joaquim Luís Nunes Malafaia Bastos Teixeira
Advisor(s) Fernando Eduardo Batista Conde Monteiro
Synopsis The initial purpose of this study was to determine which effects judicial decision-making could produce on criminal procedure. During the research it was understood that we could not set aside, in this research, another aspect that had to be analysed regarding the susceptibility of judicial decisions in a criminal process having an effect on criminal procedure (in other cases in which such decision was not pronounced). As this variant was not initially considered but fitting the objective and scope of this study, which is to know the effects decision making produces in criminal procedure, this aspect was also properly taken into account, studied and suitably considered concerning the effects that judicial decision making produces on criminal procedure. The legal order consists of all the fields of law that need to stand as a whole, fittingly interwoven as one unit. Thus, any legal judgments in any field of law have to harmonize with each other so that no conflict whatsoever should exist among them in accordance with the principle of unity of the legal system. Judgements pronounced in matters of administrative and fiscal disputes, bankruptcy courts, and misdemeanours, to have an effect on the criminal process, as they may not be means of evidence, have to be no longer subject to appeal (Res Judicata). In criminal law, the judicial decision, not to be subject to appeal, at least in the first instance, must necessarily be notified to the accused as well as his representative or defence attorney. The effects of judgements handed down in other fields of law on the criminal process, by virtue of the very principles of criminal procedure of which the principle of presumption of innocence, the principle in dubio pro reo, and the principle of unity of the legal system, are able to work, in certain cases, to criminal law as a real cause for the exclusion of unlawfulness, by virtue of what is stated under article 31, No 1 of the Criminal Code. Judgements pronounced in the criminal process may have the effect, in some circumstances, of allowing the extraordinary revision of a penal decision that has become final.
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