Arguido
Encyclopedia
Arguido or arguida (female, [ɐɾˈɡwidɐ]), normally translated "named suspect
" or "formal suspect", is a status in Portuguese language
legal systems, including the legal systems of Portugal and Mozambique
.
It is given to a person whom the authorities suspect may have committed an offence.
This designation does not exist in certain other jurisdictions.
In a criminal investigation a person has to be declared an arguido prior to being arrested. Portuguese law makes a distinction between arguido and suspect.
, not to answer any question that may incriminate the person, and does not face legal action for lying.
Witness
es in criminal investigations are legally bound to co-operate with the police and do not have the right to silence and face legal actions if they lie. Because of the legal advantages, some individuals apply for arguido status to be given to themselves, e.g. when it would appear that the police suspect them but are trying to use their witness status to extract as much information as possible.
A person who has arguido status has not been formally accused of a crime, arrested or charged,
and not all arguidos are subsequently charged.
The police may ask a court to restrict an arguidos movement and oblige him to not leave the country.
Arguidos cannot change their place of residence, without permission from a court.
There is no time limit on the status.
in the United Kingdom or being questioned after being read one's "Miranda Rights" in the USA, specifically the right to legal representation, the liberty to refuse to answer questions, and the admissibility in court of statements taken whilst in those statuses.
Suspect
In the parlance of criminal justice, a suspect is a known person suspected of committing a crime.Police and reporters often incorrectly use the word suspect when referring to the...
" or "formal suspect", is a status in Portuguese language
Portuguese language
Portuguese is a Romance language that arose in the medieval Kingdom of Galicia, nowadays Galicia and Northern Portugal. The southern part of the Kingdom of Galicia became independent as the County of Portugal in 1095...
legal systems, including the legal systems of Portugal and Mozambique
Mozambique
Mozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...
.
It is given to a person whom the authorities suspect may have committed an offence.
This designation does not exist in certain other jurisdictions.
In a criminal investigation a person has to be declared an arguido prior to being arrested. Portuguese law makes a distinction between arguido and suspect.
The rights of an arguido
If a person becomes an arguido, he automatically gains certain rights that a witness or suspect would not have. An arguido has the right to be accompanied by a lawyer when questioned. The investigating police may ask the arguido more direct accusatory questions (the answers to which would not be admissible in court if possibly self-incriminatory and asked of a non-arguido) but the arguido must be presented with whatever evidence is held against him or her, and unlike a witness has the right to remain silentRight to silence
The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world's legal systems....
, not to answer any question that may incriminate the person, and does not face legal action for lying.
Witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es in criminal investigations are legally bound to co-operate with the police and do not have the right to silence and face legal actions if they lie. Because of the legal advantages, some individuals apply for arguido status to be given to themselves, e.g. when it would appear that the police suspect them but are trying to use their witness status to extract as much information as possible.
A person who has arguido status has not been formally accused of a crime, arrested or charged,
and not all arguidos are subsequently charged.
The police may ask a court to restrict an arguidos movement and oblige him to not leave the country.
Arguidos cannot change their place of residence, without permission from a court.
There is no time limit on the status.
Comparison with common-law administrations
The status is very similar to that of being "questioned under caution" under the Police and Criminal Evidence ActPolice and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
in the United Kingdom or being questioned after being read one's "Miranda Rights" in the USA, specifically the right to legal representation, the liberty to refuse to answer questions, and the admissibility in court of statements taken whilst in those statuses.