Processos Vol X
Pages 2553 – 2554
and
Outros Apensos IX Vol I
Pages 33 - 34
Portimao Criminal Investigation Department
Being Held as a Defendant(Procedural rights and duties set forth in section 61 of the Code of Criminal Procedure and Act nº 34/2004 of July 29, 2004)
Defendant: Kate Marie Healy (identified on page 58)
Date he (sic) was held a defendant: 07-09-2007
Defence counsel: Dr Carlos Pinto de Abreu, CP 9786L
Procedural rights:- To attend those acts in the proceedings directly concerning him.
- To be heard by the court or the investigative judge whenever they must take a decision affecting him personally.
- Not to answer the questions asked by any entity about the facts he is charged with and about the contents of his statement concerning them,
- To chose a defence counsel or ask the court to assign him one
- To have a defence counsel acting on his behalf in every act of the proceedings he participates in and to communicate with him, even in private, when remanded in custody.
- To intervene in the inquiry, giving evidence and requesting the investigation as he deems necessary
- To be informed of his rights by the judicial or prosecuting authority or by the criminal police body before which he is compelled to appear
- To appeal from unfavourable decisions taken against him, as provided by the law.
To request legal aid at the social security customer services.
Procedural duties:- Appear before the judge, Public Prosecution Service or the criminal police bodies whenever required by the law and having been duly summoned for that purpose,
- To tell the truth regarding the questions asked by a competent authority about his identity and, whenever required by the law, about his criminal record,
- To provide a statement of identity and residence immediately after being held as a defendant,
- To submit himself to investigations for the gathering of evidence and, as provided by law, to coercive measures and a guarantee in property, ordered and performed by a competent authority.
Warning: Section 39 of Act 34/2004 of 29 July 2004
- The defendant was informed that when neither choosing a defence counsel, nor requesting legal aid, or in case legal aid is not granted, he may be liable for the payment of the defence counsel’s fees, as well as for the expenses he incurred with his defence.
Having received he signs with me
Signed
The defendant
The officer
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