Portugal's Biggest Corruption Trial Stalls: How Lawyer Resignations Are Destroying Justice

Portugal's highest-profile criminal trial faces indefinite suspension after the third defense lawyer in four months abandoned José Sócrates, the former prime minister at the center of the Operação Marquês corruption investigation. The February 24 resignation has exposed a procedural loophole that could allow defendants to indefinitely stall trials, and it comes as prosecutors warn that corruption charges are at risk of expiration.

Why This Matters

• Prescription threat: Corruption charges may legally expire, erasing potential convictions regardless of evidence.

• Legal precedent at risk: Multiple lawyer resignations in succession could establish a template for delay tactics in other high-stakes trials across Portugal.

• No restart date: The trial, which began in July 2025, now has no scheduled resumption, with the court ordering Portugal's Bar Association to appoint a public defender—whom Sócrates has already refused.

Nuno Matos, president of the Portugal Judges' Union (ASJP), told media that lawmakers and legal professionals must urgently debate whether current statutes allow defendants to weaponize attorney withdrawals. He described the pattern as "absolutely irregular" and noted that courts have "no magic solutions" to stop it under existing rules.

The Courtroom Standoff

The latest resignation came from Sara Leitão Moreira, who cited preparation challenges related to the case's complexity. Her departure followed other recent resignations. All resignations occurred after the Lisbon Court of Appeal requalified the charges in late 2024, transforming the charges into far more serious offenses and resetting prescription timelines.

Sócrates, 68, responded by rejecting the court-appointed public defender. In a public statement, he called the trial "completely illegitimate" and accused the judiciary of misconduct against the defense.

The presiding judges ordered the Portugal Bar Association (Ordem dos Advogados) to designate a defense attorney. Under Portugal's legal framework, Sócrates retains the right to replace any appointed defender with private counsel—and that new lawyer can then request additional time, resign, and trigger the cycle anew. "We don't know what will happen," Matos conceded.

What This Means for Portugal's Justice System

The procedural paralysis has reignited debate over whether Portugal's criminal code adequately protects complex trials from manipulation. The Bar Association has proposed creating a permanent roster of specialized public defenders trained to step into major trials on short notice, without the delays that attorney changeovers typically require. The plan initially targets high-profile cases in the Lisbon jurisdiction, including Operação Marquês.

The proposal envisions "substitute public defenders" who shadow proceedings from the outset, ready to assume representation if the lead attorney withdraws. The Bar Association has discussed the concept with the Superior Council of Magistracy and the Ministry of Justice, though the government clarified in recent statements that it has received no formal proposal and considers defender appointments the Bar Association's exclusive domain. Implementation would require funding support, as specialized public defenders would need to be compensated.

Under current law, however, any such system would collide with a defendant's right to choose counsel—a constitutional guarantee that cannot easily be overridden. "There are no magic solutions," Matos repeated.

The Prescription Clock

The procedural stalemate carries immediate legal consequences. Prosecutors have publicly acknowledged that corruption charges in this case could reach prescription deadlines in the coming months. Charges allege that Sócrates and co-defendants accepted bribes to influence licensing decisions.

In a separate but related development, the Public Prosecutor's Office confirmed the prescription of document forgery charges against Sócrates. Those charges have been formally extinguished. Other related charges continue, though Sócrates's defense raises arguments about the viability of remaining counts.

Prosecutors have floated the possibility of restructuring the charges to avoid further delays, but no formal motion has been filed. If charges do prescribe, the Public Prosecutor will be legally barred from pursuing convictions, regardless of evidence quality.

The Broader Context

Operação Marquês, launched in 2014, is Portugal's largest-ever corruption investigation. It accuses multiple defendants of economic and financial crimes committed over a decade. Sócrates, who served as Prime Minister of Portugal from 2005 to 2011, faces multiple charges, including corruption counts. Prosecutors allege he received improper payments to favor business interests. All defendants have broadly denied wrongdoing.

The trial opened on July 3, 2025, but has been suspended multiple times, consuming months of calendar time. In February 2026, the Portugal Supreme Court (STJ) rejected Sócrates's appeal challenging the charge requalification ordered by the Lisbon Court of Appeal. That ruling cleared the path for the trial to proceed—until the attorney resignation brought proceedings to a halt.

How Other European Systems Handle Attorney Withdrawals

Across the European Union, attorney withdrawals in pending cases typically require court approval or notification. In jurisdictions such as Germany, France, and the United Kingdom, judges scrutinize withdrawal requests in complex cases to ensure the administration of justice is not impaired. Successive resignations can trigger disciplinary review by national bar associations. However, no EU member state has adopted a specific statutory framework to manage repeated attorney resignations in major trials, leaving judges to rely on general procedural oversight.

What Happens Next

The Portugal Bar Association is expected to designate a public defender within the coming weeks, though whether Sócrates will accept the appointment—or immediately seek to replace them—remains unclear. If Sócrates appoints new private counsel and secures an adjournment, ongoing legal deadlines could be compromised.

Legal observers in Lisbon say the standoff has reached a constitutional inflection point, pitting the defendant's right to counsel of choice against the state's obligation to prosecute serious crimes before they legally expire. The ASJP and the Bar Association are urging the Portuguese Parliament (Assembleia da República) to convene hearings on potential reforms, though no legislative proposal has yet been tabled.

For now, Portugal's most consequential corruption trial remains suspended, its outcome uncertain, and its legal timeline uncertain.