Criminal procedure reform published: what changes for defendants from 1 September
Law no. 34/2026 of 27 July amends the Code of Criminal Procedure, the Criminal Code and the Court Fees Regulation, entering into force on 01/09/2026. For the defence, the highlights are: the defence statement must now be filed as a structured pleading; the court may reject evidence requests before trial, with the ruling as a rule unappealable; fines of 2 to 100 procedural units are created for “manifestly unfounded” acts with dilatory intent, reported to the Bar Association in case of repetition; and a new ground for suspending the limitation period is added, covering adjournments caused by replacement of defence counsel. Summary-track proceedings are no longer limited to offences carrying up to 5 years, and maximum court fees double. Publication drew strong protest from the Bar, including a critical statement by the Lisbon Regional Council.
Ref.: Law no. 34/2026, Official Gazette no. 143/2026, 1st series, 27/07/2026.
Domestic violence: pre-recorded statements stand even if the victim refuses to testify at trial
The Supreme Court of Justice settled the case law: the court may rely on statements for future memory given during the inquiry or pre-trial phase by a victim with family ties to the defendant (art. 134 of the Code of Criminal Procedure), even if she validly refuses to testify at trial. This is pre-constituted evidence, taken before a judge and subject to adversarial scrutiny, with the same value as evidence produced at trial. For the defence, the key moment becomes the future-memory hearing itself — that is where cross-examination must be exercised, as the victim’s later refusal no longer “erases” that evidence.
Ref.: Supreme Court of Justice (full criminal bench) judgment of 08/07/2026, case no. 57/21.0GACDR.C2-A.S1 (Official Gazette publication pending as at 01/08/2026).
Constitutional Court: no future-memory statements without the suspect first being made a defendant
The Constitutional Court ruled unconstitutional the reading of art. 33 of Law no. 112/2009 (domestic violence) that allowed statements for future memory to be taken without the person denounced first being formally made a defendant, for breach of the rights of defence and adversarial principle (art. 32(1) and (5) of the Constitution). In practice, the person targeted by a complaint must be made a defendant before this hearing — which, as the Supreme Court has just confirmed, may be the only opportunity to challenge the evidence. Taken together, the two decisions redraw the regime: more safeguards upstream, more stable evidence downstream.
Ref.: Constitutional Court ruling no. 588/2026 of 15/06/2026; reported in the Bar Association Bulletin of 08/07/2026.
New criminal policy law sets investigation priorities for 2026-2028
Published on the same day as the procedural reform, Law no. 35/2026 of 27 July defines the objectives, priorities and guidelines of criminal policy for the 2026-2028 biennium, under the Criminal Policy Framework Law. This statute directs the Public Prosecutor’s Office and criminal police bodies as to which crimes take priority in investigation and prevention — useful for companies and individuals to anticipate the areas of heightened scrutiny over the next two years. Consulting the full text for the specific list of priorities is recommended.
Ref.: Law no. 35/2026, Official Gazette no. 143/2026, 1st series, 27/07/2026.
Pre-trial detention followed by acquittal on in dubio pro reo grounds gives a right to compensation
The Supreme Court of Justice held that the right to compensation for pre-trial detention or house arrest imposed on a defendant later acquitted (art. 225(1)(c) of the Code of Criminal Procedure) requires only the acquittal — even one based on the in dubio pro reo principle. The ruling effectively widens the class of persons entitled to redress from the State. Relevant for anyone subjected to liberty-depriving coercive measures and their counsel.
Ref.: Supreme Court of Justice (2nd Chamber), case no. 672/23.8T8LRA.L1.S1, Reporting Justice Ana Paula Lobo, released 09/07/2026.
This briefing is provided for information purposes only and does not constitute legal advice. For advice on your specific case, please contact us.