Prosecutors denounce lack of adaptation of means to have criminal record

My friends, this was taken from Público PT newspaper:

http://www.publico.pt/sociedade/noticia/magistrados-do-mp-denunciam-falta-de-adaptacao-de-meios-para-ter-registo-criminal-1592770

Prosecutors denounce lack of adaptation of means to have criminal record

The adaptation of the system of the Prosecutor for the recording of the first interrogation still "there", says the union.

The Union of Prosecutors (SMMP) stated on Sunday that computer facilities are not adapted to provide the criminal record during the first interrogation of a defendant.

The president of the SMMP, Rui Cardoso, stressed that the new Criminal Procedure Code, in force since March 23 this year, withdrew "the obligation of the defendant to answer truthfully about their criminal history on initial questioning before the investigating judge" and noted that "there is a system that allows, at any time, to obtain a certificate of good conduct."

"The judge and the prosecutor are a bit blindly, not knowing what the criminal history of the accused," said Rui Cardoso Lusa, stressing the importance of the matter.

Rui Cardoso noted that the adaptation of the system of the Prosecutor for the recording of the first interrogation, valued at trial in the new Code of Criminal Procedure, "does not exist at this time," just over a month of entry into force of the new legal .

"The amendment to the Criminal Procedure Code now require the recording of the interrogation of the accused when there are means available. Not exist, it is not mandatory. Anyway, the law clearly prefers that the statements are recorded. Also it should be available when the law went into effect, "he said.

The President underlined that the SMMP "was always said that everything would be available when the law took effect," but reiterated that "is not", referring to the explanations for the Government.

The prosecutor also said, "maybe since the April 25 [1974], the rule is that laws come into force without adequate preparation" and added that "more important than doing a good law is to have after create conditions for real implementation, so that the law is effective. "

"This rarely happens and is not disappointing everything else that is needed," said Rui Cardoso.

The official union structure of the prosecutors said he expects the adaptations of IT resources held "soon" to "whatever judges want employees who perform judicial arrangements, including interrogations of defendants, whether all organs criminal police have the necessary conditions to the recordings. "

Rui Cardoso noted that the recordings of the first interrogation of a defendant will enable "easier all these steps and get registered when presided over by prosecutors valoráveis ​​are on trial."

The complaint that the means to record the testimony prosecutors are not yet available today was made by the director of the Department of Investigation and Penal Action (DIAP) Lisbon, Maria José Morgado, the Daily News.

The deputy attorney general said that "no one has distributed equipment in prosecution to the audio or audiovisual recordings," revelation which was also expressed in an opinion entered in Saturday's edition of the weekly Expresso.

In the Daily News, the Ministry of Justice stated that "the courts are equipped with these means, but in case of unavailability, the changes [to the Code of Criminal Procedure] contemplate the possibility of using other means."