Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen convicted of attempted rape lodged an extraordinary appeal on grounds of unconstitutionality against a Luanda Court of Appeal judgment which, applying the new Penal Code, reclassified the facts as sexual assault and reduced the sentence to two years. He alleged breaches of the adversarial principle, legality, the more favourable criminal law and in dubio pro reo. The Court dismissed the appeal, as the reclassification applied a more lenient regime and it could not review the merits.
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.