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Supreme Court Denies Appeal from Socrates’ Cousin in the Marquês Operation

STJ’s Decision on José Paulo Bernardo Pinto de Sousa’s Appeal

The Superior Court of Justice (STJ) today denied the appeal filed by José Paulo Bernardo Pinto de Sousa. According to the STJ’s announcement, the court concluded that the judgment of the appeal was conducted by the judges to whom the case was assigned, and since the preliminary examination and reviews occurred before these judges were transferred to other courts, this does not constitute arbitrary or discretionary designation of a judge, nor does it create an ‘ad hoc’ court against the law, as claimed by the appellant.

Background of the Appeal

The defense’s appeal contested the legitimacy of two of the three judges from the Lisbon Court of Appeal (TRL), who ruled in January in favor of an appeal from the Public Ministry, thereby restoring nearly all the accusations and crimes that Judge Ivo Rosa had previously dismissed during the preliminary phase. The defense argued that judges Raquel Lima and Madalena Caldeira should not have been part of the panel and made the decision, as they had recently been reassigned to the Porto and Guimarães Courts, respectively, in a previous judicial movement, suggesting they were no longer part of the TRL.

Upcoming Trial of José Sócrates

In January 2024, the judges of the TRL decided that José Sócrates would stand trial for passive corruption in the ongoing Operação Marquês case. According to the court’s ruling, Sócrates, who served as Prime Minister from 2005 to 2011, will face charges for three counts of corruption, 13 counts of money laundering, and six counts of qualified tax fraud, among other offenses.

Overview of the Charges Against Sócrates

The Public Ministry initially accused Sócrates in 2017 of a total of 31 crimes, including passive corruption, money laundering, document forgery, and tax fraud. However, during the preliminary decision on April 9, 2021, Judge Ivo Rosa exonerated the former leader from 25 of those charges, allowing only three counts of money laundering and three counts of document forgery to proceed to trial.

Implications of the TRL’s Decision

The ruling made by the TRL judges significantly reinstated the Public Ministry’s original accusations in the Operação Marquês case, leading to the trial of 22 defendants for a total of 118 economic and financial crimes. This decision also overturned Judge Ivo Rosa’s earlier ruling, which had limited the trial to José Sócrates, Carlos Santos Silva, former minister Armando Vara, Ricardo Salgado, and Sócrates’ former driver, João Perna. Additionally, it determined that José Paulo Pinto de Sousa, a cousin of José Sócrates, would also face trial for two counts of money laundering.

Looking Ahead

These developments are set to have a significant impact on the judicial landscape in Portugal, particularly as the year 2025 approaches. The cases surrounding the Operação Marquês and the implications for notable figures like José Sócrates are expected to be focal points in the upcoming judicial year.

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