Criminal Law
Criminal defence and representation of victims.
AGG Advogados defends those with the procedural status of arguido under Portuguese law and represents victims and those seeking compensation, from initial preparation through to reviewing decisions and available remedies. The practice covers economic and tax crime, offences against property and offences against physical integrity, with an approach tailored to the position of the person represented.
Advice may be needed to respond to a summons, notice or charge, but also to lodge a complaint or exercise rights following a crime. The starting point is the person's circumstances, the known facts and any procedural steps or deadlines requiring attention.
Your position in the proceedings determines the approach.
When a defence needs to be prepared
Formal designation as an arguido under Portuguese law confers a procedural status with rights and duties; it is not a conviction. Legal advice helps explain the significance of the document received, the known facts and the material to be considered in preparing a defence.
An arguido has the right not to answer questions about the alleged facts. This does not remove other procedural duties and should not be confused with the position of a witness giving evidence. Whether to make a statement, remain silent or submit documents should be considered in light of the information available and the procedural step involved.
AGG Advogados explains the purpose of the hearing or other procedural step, helps the client prepare and attends where legally permitted. This work clarifies rights, duties and consequences, distinguishing known facts from assumptions. Statements made early on may have later significance, so preparation should not be left until trial.
Representing victims and exercising procedural rights
A person who believes they have been the victim of a crime may need help describing the events, preserving documents and organising relevant material. AGG Advogados prepares criminal complaints or reports, as appropriate under the law, distinguishing what was witnessed, what is documented and what needs clarification.
Where applicable, AGG Advogados applies for the injured party to participate as an assistente — a party assisting the prosecution — and represents them in that role. The positions of victim, injured party and person who has suffered loss each require their own assessment; they do not automatically confer the same procedural powers.
Support includes civil compensation claims within criminal proceedings, where admissible, bringing together the loss, the evidence and the remedy sought. A compensation claim is distinct from participation as an assistente.
Representation covers relevant procedural steps and decisions throughout the case, with attention to the interests of the victim or person claiming compensation and the deadlines for taking action. The initial account of events is the beginning of that support, not its limit.
The work changes as the proceedings develop.
During the investigation: understanding the issues
The investigation stage is intended to establish the facts and gather material to determine how the case should proceed. From this stage, legal representation may concern the defence of an arguido or the exercise of a victim's rights. It is important to review the accessible material, identify relevant issues and prepare steps appropriate to the client's position.
AGG Advogados examines the case material to which access is permitted and considers it alongside the client's information. This review may identify missing documents, differences between accounts or issues that justify requesting investigative steps. Access to the file is subject to the applicable rules; full and immediate access to every item is not assumed.
Documents and communications should be preserved in context. An isolated message may omit what came before it; a record may not establish who carried out a particular act. Organising the evidence means identifying what each item can establish, including anything that contradicts the initial account.
When the investigation closes: preparing for trial
An indictment identifies the alleged facts and offences; it is not a finding of guilt. Its review brings together the events, the evidence and the position of the person represented, whether to prepare the defence or determine the role of the assistente.
Where a case is discontinued, advice to the injured party includes assessing the reasons and the remedies available. Any application for the judicial examination stage known as instrução depends on standing, the applicable requirements and deadlines; it is neither mandatory nor available in every situation.
At trial, representation brings together the disputed facts, documents and relevant witness evidence, whether defending the accused or representing the assistente and the civil claimant. AGG Advogados prepares the necessary submissions and attends the relevant hearings, including argument on any civil compensation claim. Preparation is guided by the opportunity to challenge the opposing case and an assessment of the evidence as a whole.
When a decision needs to be reviewed
Support includes analysing the decision and the possibility of an appeal, taking account of admissibility, grounds and deadlines. An appeal requires clarity about what is challenged and why; it is not simply a repetition of the trial.
AGG Advogados prepares appeals where legally available and appropriate to the case. The client should understand the scope and limits of the application, without any promise that the decision will be changed.
Personal conduct and business circumstances require separate consideration.
Economic crime, property and physical integrity
An allegation of economic crime may concern acts performed in a business role. For a manager or director, the organisation's activities must be distinguished from the individual conduct alleged. A title alone does not establish who decided, acted or knew about the events in question.
The work may require corporate or financial documents, communications and the involvement of different people to be considered together. A documentary irregularity or commercial disagreement does not, by itself, establish that a crime has occurred; the assessment depends on the facts and the requirements for criminal liability.
For offences against property or physical integrity, the assessment focuses on the alleged conduct, the circumstances and the available material. The same care is needed in preparing a defence and assisting someone seeking protection as a victim, without prejudging responsibility.
Tax crime: conduct and evidence at the heart of the defence
AGG Advogados provides defence in criminal tax proceedings, examining acts connected with tax obligations and conduct attributed to managers, directors or other persons involved. In criminal tax law, a tax debt, assessment or tax proceeding does not, in itself, establish that an offence has been committed, nor does a management position determine criminal liability.
The defence brings together accounting, corporate and financial documents, communications with the Portuguese Tax and Customs Authority (AT) and material gathered in tax procedures. It is important to establish what happened, who was involved and in what circumstances, assessing the evidential value of the material and the requirements for individual liability.
The same facts may be relevant to tax, administrative offence and criminal proceedings, but an assessment, an administrative fine and a criminal allegation have distinct grounds and remedies. Where these areas overlap, the response must be coordinated: challenging an assessment does not replace a criminal defence, and material from one procedure requires its own assessment in the criminal case.
Administrative offences: a separate assessment
AGG Advogados also acts in administrative offence proceedings. An administrative offence is not the same as a crime, nor is an administrative fine a criminal penalty.
Support focuses on the allegation, the documents, the evidence and the consequences at issue. The authority involved, the stage reached and the applicable rules guide preparation of the response; criminal procedure rules are not automatically transferred to these proceedings.
Discreet handling of your case
The approach prioritises direct communication and discreet handling of information. Personal or business exposure does not replace legal analysis or determine the action to be taken.
Discretion in the lawyer–client relationship must be distinguished from the rules governing public access to, or secrecy of, proceedings. Discreet representation does not mean that every procedural step is confidential, nor does it allow a promise of no public exposure.
Contact
Do you need help with a defence or following a crime?
If you have received a summons, notice or indictment, identify the authority, the date of receipt and any deadline or scheduled hearing or appointment. Have the complete document and earlier communications available.
If you wish to lodge a complaint or participate in proceedings as a victim or person claiming compensation, describe what happened, the dates, the loss and the material available. Mention whether you have already reported the events to an authority or received a decision.
You do not need to know which offence or procedure applies. Tell us what has happened so that we can assess the legal position.
Contact AGG Advogados
Contact AGG Advogados