the lawyer of Guichard defended this Thursday, at the hearing at the Supreme Court of Justice, that the arrest of former BPP administrator is illegal as an appeal is pending and that the decision will have a systemic importance, as he told Lusa.
The lawyer of BPP administrator Paulo Guichard, Nuno Brandão, made today allegations for the release of his client in a hearing at the Supreme Court of Justice, regarding the ‘habeas corpus’ request that was filed on Thursday of last week, day in that Guichard was arrested at the airport in Porto when arriving in Portugal from Brazil.
Speaking to Lusa, after the hearing before counselor judges, Nuno Brandão said that he exposed the “reasons why the arrest is manifestly illegal”, as “an appeal is pending before the Constitutional Court and, according to the Constitution, an accused is presumed to be innocent until the decision becomes final”.
Thus, as there is still an appeal that will be considered, Paulo Guichard cannot be detained, he considered.
Nuno Brandão also stated that the decision that the Supreme Court of Justice will take “has an importance that transcends this defendant”, as it will have a referential character for the future.
According to the lawyer, in similar cases in the past, the Supreme understood that there is an appeal to the Constitutional Court that has not yet been decided that there is no final and unappealable sentence, so if this time the decision is different and the Supreme says that the penalty can be executed condemnatory, this “will signal to all courts that the jurisprudence has changed”.
The Supreme Court’s decision on the request for immediate release (‘habeas corpus’) of Paulo Guichard will be known later this afternoon.
Former BPP administrator Paulo Guichard was detained last Thursday at Porto airport from Brazil. Since then, he has been detained in the prison establishment of Custóias, in Matosinhos, in the district of Porto.
On the same day, the petition for ‘habeas corpus’ was filed in court for considering the defense that the detention is illegal.
According to the document with the request for ‘habeas curpus’, which Lusa had access to last week, in the course of the Banco Privado Português (BPP) case, Guichard “lived in Brazil always with the knowledge of the judicial authorities”, who were ” always informed of their whereabouts”.
After discovering the flight of João Rendeiro (another defendant in the BPP case), and before the order of the judge in charge of the case for Guichard to appear in court, the defense said that the former administrator “decided to return to Portugal” and that’s right. announced.
On Thursday morning of last week, upon arriving in Porto from Brazil, Guichard was “detained by agents of the Judiciary Police, in compliance with a detention order taken by Judge 22 of the Central Criminal Court of Lisbon”.
The defense considered that “the condemnatory decision that imposed this deprivation penalty on the applicant has not become final, which is why the deprivation of liberty to which the applicant is currently subject is manifestly illegal”, so he asks for the “immediate release” of Paulo Guichard.
At issue are Guichard’s appeals alleging double conviction (in the administrative offense and in the criminal part), and an appeal of constitutionality of the condemnatory decision in the Constitutional Court is currently pending.
Guichard, 61, of Portuguese nationality and who has lived for several years in Rio de Janeiro (Brazil), was sentenced to a single sentence of four years and eight months in prison for six crimes of computer fraud and one crime of falsification of bulletins, minutes or documents.
The collapse of BPP, a bank dedicated to the management of wealth, took place in 2010, after the BPN case and preceding other scandals in Portuguese banking.
The BPP gave rise to several legal proceedings, involving crimes of qualified fraud, document falsification and computer forgery. Among those convicted in processes related to the BPP are former administrators Paulo Guichard, Salvador Fezas Vital, Fernando Lima and João Rendeiro, who fled abroad and whose whereabouts are uncertain. Guichard, Fezas Vital and Fernando Lima publicly expressed their repudiation of João Rendeiro’s flight from justice.