The Portuguese government has approved a series of justice-related measures aimed at expediting legal processes. These measures, approved by the Council of Ministers, include instituting an active procedural management duty for judges and prosecutors, which empowers them to reject delay tactics and introduce fines for such acts, akin to civil procedure regulations.
The newly approved legislative proposal, which will move to the Assembly of the Republic for discussion, adapts the concept of protection against abusive delays in appeals within criminal procedures. It stipulates that objections to judges will no longer suspend proceedings, makes adjustments for cases of exceptional complexity, establishes rules for conducting actions beyond deadlines, and also includes fines.
Another topic for parliamentary debate is the government’s proposal to revise the law on the extended confiscation of assets, allowing for such actions in cases of death or prescription of proceedings and enabling rapid sale or reversion of assets to the state.
A criminal policy framework law for 2025-2027 was also passed, prioritizing the prevention and investigation of violent and organized crime, terrorism, corruption, economic and financial crimes, cybercrime, human trafficking, illegal immigration assistance, forest fires, severe traffic offenses, environmental crimes, domestic violence, sexual crimes, money laundering, hate crimes, and crimes in educational or health contexts.
The law framework also introduces special investigation teams for tackling illegal immigration assistance and human trafficking and combating fraud within the National Health Service (SNS), led by Judge Carlos Alexandre.
A specific proposal to address crimes and victims of domestic violence has been approved, aiming to enhance the justice system’s capacity to investigate and prosecute domestic violence, maltreatment, and sexual crimes against minors, providing better protection for vulnerable victims and resolving evidentiary issues, according to an explanatory note from the Ministry of Justice.
The proposal strengthens the criminal treatment of domestic violence and seeks to prevent cases from collapsing due to later refusal of testimony. It allows for the admissibility of valid statements made during investigations, even if victims refuse to testify in court, and standardizes advanced declaration procedures for domestic violence victims or particularly vulnerable ones.
A special regime for interviewing children is also established, stating that a minor’s right to refuse testimony can only be exercised by the minor themselves, not by their legal representative.
Additionally, over seven million euros have been allocated for teleassistance services to domestic violence victims for the 2026-2026 period.
The government aims to streamline judicial cost procedures in court secretariats and the Public Prosecutor’s Office and to establish a centralized magistrate advisory system.
In response to the shortage of magistrates, particularly within the Public Prosecutor’s Office, the government authorized the reprogramming of two magistrate training courses, reducing their internships from a year to six months to expedite their entry into service.
