Lisbon Court's Bold Move: Using Article 670 to Expedite the Marquês Trial Against Sócrates

In a unanimous ruling by the 3rd Section of the Lisbon Court of Appeal, former Prime Minister José Sócrates has been criticized for his "malicious behavior", with accusations of "manifestly dilatory actions" and an "abusive use" of legal rights and defenses. The court asserts that it is "not legally permissible to submit successive claims", highlighting Sócrates' tendency to prolong the proceedings with repeated submissions against the decisions of the reporting judge.

The Court's Stance on Legal Maneuvering

The judges emphasize that Sócrates' actions are aimed at "artificially delaying the finalization of the decision" made on January 25, which indicted him for trial. In this intense litigation context, the court has decided to apply Article 670 of the Civil Procedure Code to combat these delaying tactics, seeking to initiate the trial promptly against Sócrates and the other defendants in the Marquês case.

"There comes a procedural moment when the right to disagree with judicial decisions is no longer acceptable," the court states. Beyond this point, disagreement transforms from a legitimate defense right into an "illegitimate exercise of that right". The relator, Francisco Henriques, references a 2005 ruling from the same court, warning against the "endless carousel of requests/decisions/appeals" that can lead to the prescription of criminal proceedings.

Furthermore, the court reiterates that the "claims presented constitute a manifestly dilatory act", aimed solely at delaying the judicial process. The relator emphasizes that defendants must engage in litigation "fairly and equitably" and accept that court decisions are "obligatory for all public and private entities", invoking constitutional principles to support this stance.