PORTUGAL Trends and Developments Contributed by: Bárbara Marinho e Pinto, Rogério Alves & Associados
ous cases. According to the Portuguese Bar Associa - tion, a full confession is an exceptional mechanism for procedural simplification and the waiver of evidence, admissible only where the severity of the sentence does not undermine the core of the right to liberty. Court Costs (RCP) The Bill raises the upper limits of court fees in crimi - nal proceedings. This is criticised as a further bar - rier to access to justice and effective judicial protec - tion, particularly from the perspective of defendants who already face increased procedural constraints. Ordem dos Advogados Portugueses considers that the amendment to the maximum court fee threshold, which doubles the amount associated with the filing of a defence and the lodging of appeals before the higher courts, places an exclusive burden on defend - ants and hinders the exercise of the right of defence. It further considers that the imposition of additional costs as a means of procedural deterrence is contrary to constitutional principles.
The Bill is currently under discussion in Parliament, and a final consolidated text has not yet been pro - duced. Amendments tabled by various parliamentary groups are currently under analysis, together with technical opinions and external contributions, nota - bly from the Portuguese Bar Association and the High Council for the Judiciary ( Conselho Superior da Mag - istratura ). Taken together, the RASI data, the growing resort to preventive inquiries and the direction of the 2026 procedural reforms point towards a criminal justice system that is becoming more assertive and resource - ful in tackling economic and financial crime, but also more prone to undermining defence rights and con - stitutional guarantees. The challenge for the coming years will be to ensure that the fight against financial crime does not normalise exceptional measures, cov - ert mechanisms or procedural shortcuts, but remains firmly anchored in transparency, judicial oversight and the fundamental principle that effective enforcement and robust rights of defence are not opposing values, but mutually reinforcing conditions of the rule of law.
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