The Lisbon local criminal court on Tuesday sentenced a man to six months in prison for a crime of disobedience, replaced by 180 hours of work in favor of the community. It was about the fact that the 40-year-old man who lives in the Chelas area refused to follow the instructions of the PSP agents to put on the mask and return home. It happened around 11:30 am on January 20th.
This is the first known conviction under the New State of Emergency, which went into effect on January 15, reimposing the general home collection duty, as well as the first conviction of a court after registering the President of the Republic for the first time the crime of disobedience in the Presidential Decree of the State of Emergency. The presidential decree is of December 16th.
The officers arrested on suspicion of drug trafficking when the suspect fled. They started a chase and managed to catch him. They followed the rules and went the route the suspect had taken when he ran away to check if he had gotten anything illegal along the way. On this way they came across PL without a mask and spoke words against police operations.
“The boy did nothing”, “out of here”, “they have nothing to be here”, these were some of the sentences PL said according to the two PSP agents who were heard as witnesses in court.
The agents said they initially asked him to put on the mask, but the man did not obey. Who asked him what he was doing on the street and who said that the obligation to remember was in effect, but that the man would still approach the agents without a mask. And he was still saying: “Even you are not ruling me!” He claimed he was free and no one led him and he would not go home.
The judge wanted to know if the agents were sure the man understood what was being said. The two police officers claimed to have done so and calmly explained to him that not only was he missing the obligation to move home, but also the mandatory use of a mask on the public street. They insisted on the orders, warning that if they did not obey, they would “commit the crime of disobedience”.
One of the agents said he had given him another opportunity after a long existence and asked him, “Are you going home?” The defendant replied: “No. You don’t rule me “And then they gave him an arrest warrant.
The defendant has a different version of the facts. I told the judge that I was without a mask because I smoke. The agents say they never saw him smoke. And when the judge asked him why he wasn’t home, she replied that she lived at the end of the neighborhood and went upstairs to kiss her brother who had been there for years.
In the end, the Public Prosecutor’s Office (MP), understanding that the facts of the prosecution were all proven, demanded a prison sentence as the defendant is on probation for 21 years and six months that was not a deterrent to another crime.
The defense attorney alleged that the defendant was not well aware of the crime he had committed and that it was a new crime that was difficult to understand. There are many exceptions. He did not ask for absolution, but for the exclusion of fraud.
The judge, in turn, understood that the facts were all taken for granted and that the statements of the two PSP agents added to the evidence. The judge found that they were consistent because they described the facts “smoothly and randomly”. In addition, the agents’ orders were legitimate.
The defendant’s statements, on the other hand, did not deserve “credibility in court” as they had not proven any of them. The judge also told the defendant that “those on parole must have exemplary behavior”.
Considering the need for general prevention, the judge decided to impose a six-month prison sentence. The crime of disobedience is punishable by imprisonment of up to one year or a fine of up to 120 days.
Since the accused has no history of the crime of disobedience, despite an extensive collection of crimes on his register, which includes a qualified murder for which he has already been in prison, the judge decided to replace the prison with 180 working days to the Community.
“Take the second chance the court gives you. If you don’t do church work, you go to jail. And of course he doesn’t want to go back because he’s already had that experience, ”he said.