Portuguese criminal procedure reform controversy

Legal and constitutional concerns have emerged in Portugal regarding recent changes to the Code of Criminal Procedure and the handling of disciplinary actions within the legal profession.

The Superior Council of the Portuguese Bar Association (Ordem dos Advogados) faced criticism following a September 25 decision to summarily archive all disciplinary complaints from judges concerning “dilatory maneuvers.” Under current laws, judges can fine defendants for acts that delay proceedings, and repeated offenses can lead to disciplinary investigations. Critics argue this policy may intimidate legal professionals and compromise the independence of the defense.

Expanding on these concerns, Portugal’s Ombudsman, Luísa Neto, has requested that the Constitutional Court review Law No. 34/2026, which was designed to accelerate criminal justice proceedings. The Ombudsman argues that the law’s attempts to increase judicial speed may compromise constitutional defense guarantees. The challenge specifically targets several areas, including the handling of confessions in serious crimes, procedures for absent witnesses, the abbreviated process for serious crimes, the right to response in appeals, and the implementation of new fines for dilatory acts.