Crime of offense to the memory of a deceased person — crime committed through the press — concurrence of aggravating modifying circumstances

Abstract

The opinion examines the criminal-law qualification of offenses to the memory of a deceased person committed through the press, analyzing the definition and qualification of the crime, its configuration as a press crime, the type under art. 169 of the Portuguese Criminal Code, and the concurrence of aggravating modifying circumstances. It argues that the judge is not bound by the qualification in the accusation, being responsible for defining the object of the process and applying the law in force. It concludes that the facts described fulfill the crime of offense to the memory of a deceased person, in the form qualified by art. 167, n. 2, with proof of truth being inadmissible, and that the non-indictment order must be revoked and replaced by one that accepts the accusation and allows the trial.