Africa-Press – Angola. The correct application of the Angolan Criminal Procedure Code requires greater commitment from judicial operators, to ensure the necessary balance, considered this Monday, in Lubango, the retired judge advisor to the Court of Justice of Portugal, Manuel Simas Santos.
The judge, who was born in Huíla and returned to this province 70 years later, spoke at the conference on “Appeals in criminal matters), celebrating the anniversary of the Lubango Court of Appeal, which is being celebrated.
Manuel Simas Santos stated that Angola’s Code of Criminal Procedure is modern, typical of a rule of law and at the same time is demanding, hence demanding more dedication from judges and lawyers.
He highlighted that in this balance between the defense of society, the defendants and their fundamental rights, there is greater demand for all operators, adding that ensuring fundamental rights and certifying a correct defense of society is the great challenge in a code that is demanding from the point of view of its standards”.
He said that Portugal had such a challenge, because the code is similar, so he understood that he would make a “modest” contribution by preparing some lessons on criminal law, the criminal procedure for Angola, of 900 pages, and helping with its application and interpretation.
“The book I published tends to provide solutions, but here I suggested answers to find that balance between the defense of society and the legitimate defense of citizens’ fundamental rights, a challenge that is posed to the courts of the relationship who will try to correct any errors that the districts of the first instance have committed”, he continued.
Hence the request from the Lubango Court of Appeal to reflect together on appeal difficulties, so that better justice can be served.
Manuel Simas Santos has a degree in law and a master’s degree in judicial law. He is also a full professor, master’s professor in legal medicine, founding member of the Portuguese Society of Criminology and president of its Supervisory Board. He released works and articles in the field of criminal law and procedure.
The Angolan Code of Criminal Procedure, approved with Law 39/20, of 11 November, highlights the reinforcement of the regime of procedural guarantees for the accused, through the consecration of two forms of process (common or special), systematization of the position of the subjects and procedural participants.
It also reinforces the role of the Public Prosecutor’s Office in the preparatory investigation phase, without prejudice to the balancing role played by the Guarantee Judge, as well as the modernization and systematization of the means of proving and obtaining evidence, with emphasis on telephone tapping.
It is an instrument that has immediate application, including to ongoing processes initiated before its entry into force, with the exception of situations in which its immediate application results in a worsening of the defendant’s procedural situation or a breakdown of harmony and unity of the various acts. of the process.
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