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CONSTITUTIONAL COURTREPUBLIC OF ANGOLA
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Extraordinary appeal on grounds of unconstitutionality

Judgment No. 808/2023

Appeal dismissed
Date
9 March 2023
Case
1008-B/2022
Formation
Plenary
Rapporteur
Carlos Alberto Bravo Burity da Silva
Official PDF (Portuguese)Full text in PortugueseCite

Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.

SummaryUnofficial

A member of the armed forces lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Military Court judgment which, on the Public Prosecution Service's appeal, replaced a one-year suspended sentence with two years' effective imprisonment and an ancillary penalty of dismissal, invoking the adversarial principle, the right of defence and a fair trial. The Court dismissed the appeal, as the facts had not been reclassified and there was no legal duty to notify the defendant beforehand.

military justiceadversarial principleright to a fair triallegal classification of factsincrease of sentence

Decision

Appeal dismissed

Type of proceedings

Extraordinary appeal on grounds of unconstitutionality (Recurso Extraordinário de Inconstitucionalidade)

Full text

The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.