Considerations on the application of provisional suspension of proceedings

De jure, the plaintiff argues that the application of Provisional Suspension of Proceedings should be included in the law in at least two more cases: when we are dealing with a crime whose abstract criminal framework exceeds five years, but the Public Prosecutor's Office considers that, in court, the actual sentence to be applied should never exceed five years (Article 16(3) of the CPP), especially in property crimes; and in the case of concurrent crimes, even if the penalty for the concurrent crimes exceeds five years, provided that each crime, considered individually, meets the requirements for the applicability of Article 281(1) of the CPP.

Autorentext
Isabel Maria Fernandes Branco, lawyer and jurist, PhD candidate in Law at the Faculty of Law of the University of Coimbra, Master's degree in Law - Legal Sciences - Procedural Sciences from UPT and Law degree from the Faculty of Law of the University of Coimbra, with published works in the area of Criminal Law and Criminal Procedural Law and Law.