Court acquits 15 defendants of Social Security fraud due to excessive case duration
Judges in Vila do Conde ruled that 13 years between the detection of the facts and trial violated the right to a decision within a reasonable timeframe.
Court acquits 15 defendants of Social Security fraud due to excessive case duration
Fifteen people accused of fraud against Social Security were acquitted by a court in Vila do Conde. The judges did not contest the existence of evidence, but considered that the case took too long to be tried.
The interval between the discovery of the facts and the end of the trial was approximately 13 years. The magistrates ruled that this delay breached the right to a resolution "within a reasonable timeframe", guaranteed by the European Convention on Human Rights and the Portuguese Constitutional Charter.
The defendants were accused of improperly receiving unemployment benefits and early retirement pensions. The total value in question amounted to approximately half a million euros. This situation formed part of a broader investigation into alleged fraud of 15 million euros.
The irregularities were detected in May 2012, but were only reported to the Public Prosecutor's Office in October 2021. During various intervals, the case recorded no administrative or investigative activity.
The court concluded that the defence did not resort to delaying tactics. In the ruling, the judges stated that the State, holder of punitive power, must exercise it with "good conscience".
Carlos Caneja Amorim, lawyer for one of the defendants, welcomed the decision as unprecedented and in line with the direction of the Strasbourg Court. According to the lawyer, mounting a defence in court more than a decade after the events occurred is impractical, as documents disappear, memories fade and witnesses die.
Source: Correio da Manhã
Source: Correio da Manhã