Criminal
The 2002 codes with an investigating judge and a 72-hour limit
The Criminal Code and Code of Criminal Procedure of 2002 govern offences and process. Detention without a court order may not exceed 72 hours, and the investigating judge authorises intrusive measures and remand.
Key rules
- Detention without judicial authorisation is limited to 72 hours.
- The investigating judge decides on arrest, searches and special investigative measures.
- A plea agreement with the prosecutor must be confirmed by the court.
- The Anticorruption Prosecutor's Office handles high-level corruption cases separately.
Governing law
- Criminal Code (2002)Law 985/2002.
- Code of Criminal Procedure (2003)Law 122/2003.
- Law No. 3/2016 on the Prosecutor's Office (2016)
Penalties and consequences
- Fines in conventional units set by the court.
- Unpaid community work.
- Imprisonment up to 25 years, or life imprisonment for the gravest offences.
In practice
State-guaranteed legal aid is available from the moment of detention through the National Legal Aid Council, and requesting it on the record is what triggers the duty lawyer roster.