Rui Patrício analyses the challenges of mega trials in criminal justice in an interview with Eco Magazine

In a commentary for Eco Magazine, Rui Patrício argues that only by eliminating mega trials will it be possible to effectively combat the slowness of the criminal justice system, and warns against the risk of measures that weaken fundamental guarantees.

Rui Patrício, partner at Morais Leitão, believes that the slow pace of Portuguese criminal justice can only be effectively tackled if mega trials are eliminated or at least limited to cases where their existence is absolutely unavoidable. In an interview with Eco Magazine, he argues that it is necessary to intervene at the root of the problems and not just apply palliative solutions, many of which he describes as ineffective and potentially damaging to the balance of the system.

For the lawyer, the excessive media focus on a very small number of criminal cases, such as 'Operation Marquês', distracts from the structural and transversal problems that affect thousands of other cases. This media centrality, which he describes as a form of 'news entertainment', jeopardises the seriousness of the public and political debate on justice.

With regard to the report of the working group 'Megaprocesses and criminal proceedings: a charter for speed and better justice', Rui Patrício acknowledges the value of some of the proposals, especially in the technological and organisational fields. However, he is highly critical of some of the proposals relating to the pre-trial phase and the time limits for the defence, arguing that they jeopardise fundamental guarantees.

He also points out that many of the so-called innovative solutions presented already exist in the legal system and stresses that the composition of the group, limited to judges and a prosecutor, is unbalanced and ignores the central role of the legal profession in the justice system.

Read the full interview in the annex below.