Arguido
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Arguido (male, pronounced [ɐɾˈɡu̯idu]) or arguida (female, [ɐɾˈɡu̯idɐ]), normally translated "named suspect" or "formal suspect",[1] is a status in Portuguese language legal systems, including the legal systems of Portugal and Mozambique.[2] It is given to a person whom the authorities suspect may have committed an offence.[1] This designation does not exist in certain other jurisdictions.[3] In a criminal investigation a person has to be declared an arguido prior to being arrested.[4]Portuguese law makes a distinction between arguido and suspect.[5]
[edit] The rights of an arguido
If a person becomes an arguido, he automatically gains certain rights that a witness or suspect would not have.[6] An arguido has the right to be accompanied by a lawyer when questioned.[4] The investigating police may ask the arguido more direct accusatory questions, which would not be legal otherwise, but the arguido must be presented with whatever evidence is held against him or her, [6] and unlike a witness has the right to remain silent[7], not to answer any question that may incriminate the person, and does not face legal action for lying. [8]
Witnesses in criminal investigations are legally bound to co-operate with the police and do not have the right to silence and face legal actions if they lie.[6][9] Because of the legal advantages, some individuals apply for arguido status to be given to themselves, e.g. when it would appear that the police suspect them but are trying to use their witness status to extract as much information as possible.[6]
A person who has arguido status has not been formally accused of a crime, arrested or charged,[10] and not all arguidos are subsequently charged.[1] The police may ask a court to restrict an arguido's movement and oblige him to not leave the country.[1] Arguidos cannot change their place of residence.[10] There is no time limit on the status.[11]
[edit] Etymology
Arguido derives from the Latin arguire or arguere. [12][13] The English words "argue" and "argument" have the same etymology. [14][15]
[edit] References
- ^ a b c d "What is an arguido?", The Guardian, 2007-09-07. Retrieved on 2007-09-07.
- ^ "Mari Alkatiri foi constituído arguido", Moçambique para todos, 2006-07-11. Retrieved on 2007-09-08.
- ^ e.g. "...there is no direct equivalent in UK law...""What is an 'arguido'?", Channel 4 News, 2007-09-07. Retrieved on 2007-09-08.
- ^ a b "Q&A: what is an arguido, or suspect, in Portugal?", The Times, 2007-09-07. Retrieved on 2007-09-08.
- ^ Janus 2004 | As garantias dos arguidos no processo penal português
- ^ a b c d "Q&A: Suspects and Portuguese law", BBC News Online, 2007-09-07. Retrieved on 2007-09-08.
- ^ "Why is Kate McCann now a 'suspect'?", Metro, 2007-09-07. Retrieved on 2007-09-07.
- ^ ARGUIDOS E REGRESSO
- ^ ARGUIDOS E REGRESSO
- ^ a b "'Formal Suspect' - The Portuguese Law", Sky News, 2007-05-15. Retrieved on 2007-09-08.
- ^ "Portuguese law: naming an 'arguida'", The Daily Telegraph, 2007-09-08. Retrieved on 2007-09-08.
- ^ Dicionário da Língua Portuguesa On-line Priberam
- ^ Latin Dictionary and Grammar Aid
- ^ Online Etymology Dictionary
- ^ va=argument - Definition from the Merriam-Webster Online Dictionary
