indiciado

Indiciado is a term used in Brazilian criminal procedure to designate a person who is under investigation for a potential involvement in a crime. The designation arises during the police inquiry (inquérito policial) or during investigative procedures when there are indicios (indications) of participation in a crime. Being indiciado does not mean that the person has been charged with a crime in a formal sense; it indicates that the investigation is ongoing and that there are elements suggesting involvement.

The designation typically follows the initiation of an inquiry by the police and later processing by the Public Prosecutor’s Office. The indiciado must be informed of the facts under investigation and of the relevant rights, including the opportunity to respond to the accusations, to present defense, and to be assisted by counsel. The investigation may include collection of evidence, statements, and other procedural acts, all within the limits of the law and with safeguards against coercion and abuse.

Distinction from other terms is important: an indiciado is at the investigative stage. If the Prosecutor files a denúncia (criminal complaint) or if a queixa-crime leads to formal charging, the person becomes the acusado (charged) and, if the case goes to trial, the réu (defendant). Thus, indiciado is not equivalent to acusado or réu; it denotes a preliminary status pending formal charges.

Usage varies by country, with Brazil explicitly using indiciado in its legal texts. In Portugal, a similar stage is referred to as arguido, reflecting different procedural terminology.