hazy wrote:To be honest I get angrier each time I see his brother and sister n law on the news. I have done some stupid things in my life but to leave a child in a hotel room , for gods sake.
Another thing I question would an ordinary wee bin man or plumber from a less affluent family be getting the same British media attention.
Like everybody else I pray that the child is found safely. But I would pursue the parents through law if they in fact are proven to be negligent.
![Mad :x](./images/smilies/icon_mad.gif)
Negligence is a very hard thing to prove and that is not the practice of the Portuguese justice in similar cases (similar as in wich something happens to a child left alone at home). Also, Portuguese justice is very "subjective" and takes into account all the factors before an accusation being done. In this case,
with the data available, there is absolutely no reason to acuse the parents of negligence. They left the children in a situation that for itself presented no aparent danger (it is fair to assume that)
I've heard lots of stories(, some even bombastic, wich if proven...
In either case, for the time being the child is the number one concern and afterwards, if that is the case, the Public Ministry (the D.A. in north american terms) will decide if it will bring charges before a judge.
Just as a reference, let me tell you how this things work (more or less as i'm no expert and usually keep trouble free enough not to know this very well
![Twisted Evil :twisted:](./images/smilies/icon_twisted.gif)
)
If you have a serious crime, the Judiciary Police investigates it and reports it's fidings to the Public Ministry, wich supervises the whole thing.
When phone tapping or house searching is required, the public ministry, presents the findings to the so called "Judge of Instruction" [of the process], wich according to the findings may or not allow such actions.
That same judge, will also listen the "arguidos" (the inquired, ) and determine if they remain in that situation. If they stay as arguidos he will determine the "Coaction measures", wich basicly is the level of freedom you'll have until the trial (if you are "pronounced", that is , if the Public Ministry decides to acuse you) or the non-pronouncing of you.
This measures may be reviewed(in a compulsory way or not) according to it's level.
Mr Murat got the lowest form of coaction measures wich is the so called "term of identity and residence" , where you give an adress where you can be reached and if absent from it for more than 5 days, you must report the adress where you can be reached.
All of this makes part of the Inquiry stage
After this, There may be an aditional step in the midle, where the arguido or the assistants may require the instruction of the process, where he will require that the instruction judge validates the Public ministry decision of acusing or "archiving" the process.
After this optional stage you may or not have the accusation. If the accusation goes ahead, then you'll have a trial
In a case like this, wich is a public crime(The Public ministry/authorities, having knowledge of this crime must investigate it, even if the victim doesn't want it), you have the arguidos and the Public ministry. If the victim wishes, it may, thru a lawyer, constitute itself as assistant to the process and thus also participate in the trial.
Sorry for the mess but more or less is this