Former Portuguese Prime Minister José Sócrates has filed a new appeal, requesting the European Court of Justice (ECJ) to intervene in his ongoing trial. This move could potentially suspend the Portuguese judicial process if accepted.
The Latest Legal Maneuver
Sócrates' defense team has submitted a preliminary reference to the ECJ, questioning the interpretation of law by Portuguese judges who decided to proceed with the trial in January 2024. This comes after previous attempts to challenge the trial's legitimacy were rejected.
Key Issues at Stake
- Legal Qualification of Charges: The defense argues that the charges of 'corruption for a lawful act' were incorrectly altered to 'corruption for an unlawful act' by the judges, a change that affects the statute of limitations.
- European Law Compliance: The appeal raises questions about whether a national appeals court can unilaterally alter the legal qualification of facts presented in the indictment under EU law.
Potential Implications
If the ECJ accepts the appeal, the trial in Portugal will be suspended pending the European court's decision. This could delay the proceedings significantly, as seen in similar cases like the 'banking cartel' in 2022.
The Trial's Progress
Sócrates is set to begin his testimony this Tuesday in a trial that involves 20 defendants, including high-profile figures like Ricardo Salgado and Armando Vara. The case, known as Operation Marquês, has been a focal point of Portugal's judicial landscape.
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