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arguido : ウィキペディア英語版
arguido
''Arguido'' (male, (:ɐɾˈɡwidu)) or ''arguida'' (female, ), normally translated "named suspect" or "formal suspect", is a status in Portuguese type legal systems, including those of Portugal, Angola and Mozambique.
It is given to a person whom the authorities suspect may have committed an offence.〔
This designation does not exist in certain other jurisdictions.〔e.g. "...there is no direct equivalent in UK law..."〕
In a criminal investigation a person has to be declared an ''arguido'' prior to being arrested. Portuguese law makes a distinction between ''arguido ''and suspect.
==The rights of an ''arguido''==

If a person becomes an ''arguido'', they automatically gain certain rights that a witness or suspect would not have. An ''arguido'' has the right to be accompanied by a lawyer when questioned.〔 The investigating police may ask the ''arguido'' more direct accusatory questions (the answers to which would not be admissible in court if possibly self-incriminatory and asked of a non-''arguido'') but the ''arguido'' must be presented with whatever evidence is held against them,〔 and unlike a witness has the right to remain silent, not to answer any question that may incriminate the person, and does not face legal action for lying.
Witnesses in criminal investigations are legally bound to co-operate with the police and do not have the right to silence and face legal actions if they lie.〔〔 Because of the legal advantages, some individuals apply for ''arguido'' status to be given to themselves, e.g. when it would appear that the police suspect them but are trying to use their witness status to extract as much information as possible.〔
A person who has ''arguido'' status has not been formally accused of a crime, arrested or charged,
and not all ''arguidos'' are subsequently charged.〔
The police may ask a court to restrict an ''arguidos movement and oblige them to not leave the country.〔
''Arguidos'' cannot change their place of residence, without permission from a court.〔
There is no time limit on the status.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「arguido」の詳細全文を読む



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