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The container CMCU contained 8 packages, each of them with the approximate weight of one kilogram and the container, GLDU , contained 2, Company-C, which has never engaged in any activities, made several bank transfers of large sums of US dollars. In any case, it is advisable to establish in the accusation the amount to be confiscated and to indicate the corresponding legal provision. During the proceedings the following amounts of money were seized: 88, They made use of phone interceptions, surveillance, searches and seizures, and cooperated with the Brazilian homologues. During the inquiry, several phone interceptions took place according to arts. Searches were also carried out according to art. These were aimed not only at collecting evidence on the perpetration of the offence but also on the seizure of intrumentalities, proceeds and advantages deriving from them. In order to prevent the defendant from escaping, his remand in custody was requested according to art. The defendant was in Spain, where he had been arrested following an EAW and had been surrendered to the national authorities. The competent Spanish and Brazilian authorities collaborated with the investigation; they made available all the information needed for the investigation carried out in Portugal. Police information was also requested from Italian, Swedish, Chinese, American, Swiss and British authorities, notably on the commercial activities developed in those countries by the defendant, as well as by companies directly or indirectly run by him. Such warrant eventually was executed in Spain on 9 July and the defendant was surrendered to national authorities on the 23rd of the same month. The authorities also sent several assistance requests to Spanish, Brazilian and US authorities, asking for different legal steps to be implemented in the scope of the investigation. In fact, although at the beginning of the inquiry the Public Prosecutor had directed the investigation towards the criminal organization offence as well, he did not use that offence because he did not find evidence of its perpetration. In fact, the rogatory letters sent to Spain, Brazil and the USA were returned after the maximum time-limit for remand in custody during the prosecutorial phase had expired; thus, the charges were brought even before the rogatory letters were received back, without reflecting the information resulting therefrom. The inquiry stage took place normally; under the Portuguese relevant legislation, the investigation was carried out by the Criminal Police under the functional guidance of the Public Prosecution. At the end of the inquiry the Public Prosecutor charged the defendant with the offences provided for by articles 21, n. The same happened with the Court hearing and trial in the first instance; all defence rights were guaranteed to the defence. The examining judge overturned all those questions and the defendant was eventually indicted in the same terms under which he had been charged. In the first instance Court the defendant was sentenced to imprisonment for 14 years and the objects and amounts seized were confiscated to the State for the perpetration of an offence of aggravated drug trafficking, provided for and punished by articles 21, n. The defendant was also charged with money laundering but was acquitted of that charge article 23, n. As mentioned before, seizure and subsequent confiscation of instrumentalities, as well as of the amounts deposited in accounts held either by the defendant or by companies, of which he was the main beneficiary, have been carried out. The Supreme Court of Justice eventually reduced the sentence to imprisonment for 11 years and confirmed the remaining part of the appealed judgment notably as regarded the criminal offence committed. The ruling of the Supreme Court of Justice was issued on 24 October and may be found in www. Processo n. Краткое изложение обстоятельств дела. Комментарий и существенные особенности. Комплексные вопросы Ответственность Арестованные денежные средства:. Замечания During the proceedings the following amounts of money were seized: 88, A summary financial investigation was also carried out. Участвующие страны Испания. Соединенные Штаты Америки. Соединенное Королевство Великобритании и Северной Ирландии. Краткое изложение The competent Spanish and Brazilian authorities collaborated with the investigation; they made available all the information needed for the investigation carried out in Portugal. Mutual legal assistance: - Several rogatory letters were also sent to the Spanish, Brazilian and American authorities asking them to carry out several steps of the inquiry, notably house searches, searches in offices, collection of bank information, interrogation of suspects and witness hearing, inventory of movable and immovable property directly or indirectly held by the defendant in those countries, and seizure of bank account deposits. Информация процедурного характера Правовая система:. Официальная ссылка на дело:. Название суда Supreme Court. Описание The inquiry stage took place normally; under the Portuguese relevant legislation, the investigation was carried out by the Criminal Police under the functional guidance of the Public Prosecution. Прочие результаты The defendant was also charged with money laundering but was acquitted of that charge article 23, n. Приговор Месяцы:. Решение обжаловано:. Другие санкции In the first instance Court the defendant was sentenced to imprisonment for 14 years and the objects and amounts seized were confiscated to the State for the perpetration of an offence of aggravated drug trafficking, provided for and punished by articles 21, n. Описание The Supreme Court of Justice eventually reduced the sentence to imprisonment for 11 years and confirmed the remaining part of the appealed judgment notably as regarded the criminal offence committed. Приговор Срок лишения свободы:. Defendant was acquitted of Charge 2.

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