A abolição da dupla incriminação no mandado de detenção europeu

This essay presents the European Arrest Warrant and its relationship with the principle of double criminality, which was abolished in 2002 with the new Framework Decision (FD). This instrument was essential to implement the principle of mutual recognition and strengthen the police and judicial cooperation in criminal matters in the newly created space of freedom, security and justice. It was urgent to create mechanisms to combat cross-border crime, that alone States have struggled to counter. An analysis of the FD No 2002/584/JHA is made. The execution of warrants and the non-mandatory and optional grounds of refusal are studied in detail. As it is the implementation issue. The role of mutual recognition in practice is studied as well. The procedure is to introduce the principle of double criminality, to explain the concept and its abolition, warning for the consequences derived from them, related to the principle of legality and fundamental rights. The analysis of the European Arrest Warrant in practice in Portugal and in comparison with other Member States allows the measurement of the consequences from the abolition of dual criminality and the position of States on this measure. With the abolition of double criminality, the cooperation in judicial and criminal matters departs from what was intended by the European Council of Tampere. And without cooperation, fundamental rights of citizens are unprotected, so the states have to adopt measures to remedy the "failures" of the European Law.

O fenómeno da criminalidade itinerante

In an increasingly globalized society, the crime appears as a reality that crosses borders. Globalization has potentiated the emergence of new forms of crime, which have been the subject of more interventional, particularly in terms of political, judicial and police authorities as well as civil society approaches. The media allow rapid expansion of criminal methodologies, which aggregate to the ease of movement of itinerant criminal groups, increases the opportunities for the continuation of the practice of criminal offenses, threatening, increasingly, the tranquility and safety of populations. Criminal organizations are characterized by their complexity, thus contributing to the difficulty in combat, by police and judicial authorities, forcing rapid adaptation to new political and criminal reality, particularly at the level of institutional cooperation, national and international, as exemplified by the creation of the "European Area of Freedom, Security and Justice" and new agencies in the field of police cooperation. It was intended with this paper to answer the central question: Is it possible to define a concept of Itinerant Crime in the European regulatory framework (Police and Judiciary)? To fulfill this aim, we performed the characterization of the concept of itinerant crime including itinerant criminal group, we analyzed the work that is being done by the authorities, police and judiciary, in order to contain the phenomenon. Finally, we studied type of existing cooperation at European level between the Member States and the authorities with responsibilities in this area. At the end, we conclude that efforts are being made towards the enhancement of operational, police and judicial cooperation, between the competent authorities of the European Union by combating this phenomenon. Define, and also proposed, a unique concept of Itinerant Crime, in order to be included in the legal standards, in order to facilitate research, in particular to better fit the itinerant crime and assist the prosecution of offenders.

O crime de condução perigosa de veículo rodoviário e a sua perceção pelos militares da GNR afetos a fiscalização rodoviária

The Republican National Guard has a core role concerning the security of Portugal’s roads since a significant part of them are under its responsibility. Dangerous driving is a crime that happens less times that other two crimes (driving without a license and driving under the influence), but it isn’t covered by the media like those two, much to the small number of reports written by the Security Forces. This work aims to approach the particularity of this crime given it poses a real threat and because its report requirements are far demanding. The thesis is divided in two parts. The first one develops the theory frame through the analysis of documents. The second part deals with the processing of fines from selected samples. The conclusion of this study states that there is a way of reducing situations that could result in this type of crime using fines. Other conclusion points to the fact that the time gap between the occurrence of the crime and a judge’s sentence is substantial, meaning that the military from the Republican National Guard often opt for the second option because the sentences and the security measures for this crime can often find parallel in other type of crimes. The about 200 sentences reached per day from courts all over the country when tied to the 700/800 criminal defenses mean that the National Authority for Road Security is overloaded with administrative work, which is a problem that could be surpassed with the implementation of a new document and a different access to the data of each driver through the National Authority for Road Security’s website.