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CONSTITUTIONAL COURTREPUBLIC OF ANGOLA
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Extraordinary appeal on grounds of unconstitutionality

Judgment No. 858/2023

Appeal allowed
Date
15 November 2023
Case
1081-A/2023
Formation
Plenary
Rapporteur
Carlos Alberto Bravo Burity da Silva

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

SummaryUnofficial

A defendant charged with embezzlement, money laundering and other offences lodged an extraordinary appeal on grounds of unconstitutionality against the Luanda Court of Appeal judgment upholding the rejection of his request to open the adversarial investigation stage. The Court allowed the appeal, as the rejection went beyond the exhaustive statutory grounds and he should have been invited to correct the request, in breach of effective judicial protection, the presumption of innocence, fair trial and defence rights.

Decision

Appeal allowed

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.