Portugal's Ombudsman challenges criminal procedure changes

Portugal's Ombudsman, Luísa Neto, has requested that the Constitutional Court declare several amendments to the Code of Criminal Procedure unconstitutional. The request follows concerns raised by citizens and the Portuguese Bar Association regarding Law No. 34/2026, which aims to accelerate criminal justice proceedings.

The Ombudsman argues that while increasing judicial speed is a valid goal, it must not compromise constitutional defense guarantees. Specifically, the challenge targets five areas: the handling of confessions in serious crimes, procedures for witnesses who no longer attend trials, the abbreviated process for serious crimes, the right to response in appeals, and new fines for dilatory acts.

Regarding confessions, the new law allows full confessions to serve as proof of facts even for crimes punishable by up to 25 years in prison, whereas previously, judges had more discretion to verify facts. Additionally, the Ombudsman seeks to have the abbreviated process for serious crimes declared unconstitutional whenever it applies to penalties exceeding five years, citing previous judicial precedents.