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European Observer on fundamental right's respect

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Case Law 498/2019 (26/09/2019)

Type: Judgment

Authority: National Courts Supreme Court (Portugal))

Date: 09/26/2019

Subject: The decision of the Constitutional Court, also recalling the jurisprudence of the Court of Strasbourg, rejected the claim lodged against articles 7, 8 and 9 of law 5/2002 – concerning the confiscation of goods, following the conviction, which are supposed to be the gain of the criminal activity – and founded on the violation of the principle of presumption of innocence in virtue of the reversal of the burden of proof

Parties: A.

Original language: Portuguese

Classification: Freedoms - Art. 17 Right to property - Justice - Art. 48 Presumption of innocence

Text download Portuguese