Shall The Conversion In Contravention Of Misdemeanors And Transgressions In The National Legal System

Original Language Title: Procede a conversão em contra-ordenações de contravenções e transgressões em vigor no ordenamento jurídico nacional

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244517a4c5667755a47396a&fich=ppl43-X.doc&Inline=false

1 PROPOSAL of law No. 43/X explanatory memorandum the 17TH Constitutional Government program expressly assumed the commitment to decriminalize criminalised ducts are outdated, particularly through the conversion of trespass and unlawful contravention, still in effect in the national legal system, in contravention. The need to ensure a rational management of the judicial system, freeing the judicial means, magistrates and court officers to protect legal assets that actually deserve court custody, constitutes one of the objectives of the resolution of the Council of Ministers No. 100/2005, of 30 may, which reaffirmed the need for conversion of transgressions and contraventions in the contraventions. In fact, this illicit type continues to occupy a relevant part of the time the courts, through procedures that remain unduly judicializados. In the year 2003, transgressions and contraventions Court entries corresponded to 13% of all criminal cases entered, and the proper treatment of those illicit is the process of administrative offense, in which the judicial system only intervenes in the process of appeal. This move reflects a trend towards desjudicialização and decriminalization of less serious offences, so gain treatment at plan right. The replacement program of misdemeanors and transgressions for misdemeanors, for your slow nature, began with the publication of Decree-Law No. 232/79, of 24 July, which established the mere social ordering illegal. This Decree determined consequences difficult to manage at the level of your practical application, due essentially to the fact that the Government does not have the means that will allow effective implementation of the respective regulatory controls, by that Decree-Law No. 411-A/79, of 1 October, repealed the previous diploma standards that determined the changes concerned in this matter. The legislature came however, notably through Decree-Law No. 433/82 of 27 October, which approved the general scheme of mere social ordering and criminal proceedings, give body to a willingness to move towards the establishment of a social ordering of mere illicit and take note of urgency on realising the right of 2 misdemeanors. On the other hand, has the experience been proved to be justified and appropriate to submit to the regime of the unlawful contravention set out in the form of misdemeanors and transgressions in the legislation in force. Thus, the present law determine the new legal regime of offences currently punishable as unlawful nature contraventional responsibility or transgressional, indicating, in General, the competent authority for the processing and application of the respective fines. The title complement, the amendment of administrative arrangements in force, the withdrawal of a relevant set of standards and the consecration of a general rule for converting in contravention of the rules providing for misdemeanors and transgressions and that are not dealt with by the present law. In the case of transgressions and contraventions still in force within the framework of the right of collective transport of passengers and of the toll rates in road infrastructure, understand that their conversion into contravention should be dealt with, taking into account the needs to ensure consistent treatment of schemes and redesign its regulatory framework. Finally, attention must be drawn to the consecration of a transitional regime for the Contraventions and offences committed before the date of entry into force of this decree-law. The necessary steps were promoted to the Superior Council of the judiciary, of the Supreme Council of the Public Ministry, the Board of Governors of the Administrative and fiscal Courts, the Bar Association, the Chamber of bailiffs, Council of officers of Justice, of the National Association of Portuguese municipalities and the National Association of Parishes. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General Article 1 subject-matter this Decree-Law determines that they assume the nature of contravention 3 certain offences referred to in the law as misdemeanors and transgressions by the amendment of administrative arrangements in place.

CHAPTER II amendment to the legal regimes that typify contraventions and offences section I sweepstakes contests to Santa Casa da Misericórdia of Lisbon article 2 administrative offences


1-Is administrative offense: a) the promotion, organization or operation, regardless of the means used, including contests, sweepstakes, lotteries or other similar contests sweepstakes awarded exclusive arrangements to the Santa Casa da Misericórdia de Lisboa, with breach of this procedure; b) issuing, distribution or sale of tickets or newsletters pertaining to contests, lotteries or sweepstakes referred to in the preceding paragraph and the publicity of the achievement of the respective sweepstakes, whether these occur or not in the national territory; c) soliciting of bets on the numbers of contests of sweepstakes awarded exclusive arrangements to the Santa Casa da Misericórdia of Lisbon; d) subdivision of fractions of national lottery; and, regardless of) means, in particular, of advertising or promotional sweepstakes entities, goods or services, of any kind, that enable a cash prize or anything with economic value exceeding € 25, exploited in the form of numbered tickets or other drawings of figures on the results of the tenders granted exclusive arrangements to the Santa Casa da Misericórdia de Lisboa , or in the form of tickets, which assign immediately the right to a prize or the possibility of winning a prize on the basis of this sweepstakes; f) the introduction, sale or distribution, regardless of the means used, in particular, in national territory, participation in games media or foreign sweepstakes sweepstakes contests similar to those granted exclusive arrangements to the Santa Casa da Misericórdia de Lisboa 4; g) soliciting of bets for the games mentioned in the preceding paragraph, albeit in different tickets of allowed the States to respect; h) advertising or any other form of provision of services relating to the operation of games referred to in point (f)), including, in particular, electronic reception of bets and the periodic disclosure of the results of the respective sweepstakes; I) participation, regardless of the means used, in particular, in contests or sweepstakes sweepstakes contests similar to those granted exclusive arrangements to the Santa Casa da Misericórdia de Lisboa, whose exploitation is punishable pursuant to points (a)) and (b)); j) the participation in the games or sweepstakes foreigners, whose exploitation is punishable pursuant to paragraph (c)). 2-the negligence and the attempt is punishable. 3-the provisions of this article shall not apply to the sweepstakes game called Euromillions.

Article 3 Fines 1-The administrative offences provided for in (a)) d) of paragraph 1 of the preceding article shall be punished with a fine of € 500 to € 3740, in the case of a natural person, and € 2000 to € 44890, in the case of a legal person. 2-The contravention referred to in paragraph 1(e)) h) of paragraph 1 of the preceding article shall be punished by fine of € 1000 to € 3740, in the case of a natural person, and € 2500 to € 44890, in the case of a legal person. 3-The contravention referred to in subparagraphs (i)) and j) of paragraph 1 of the preceding article shall be punished by a fine ranging from € 75 to € 250. 4-In case of negligence, the maximum levels of fines provided for in the preceding paragraphs are halved. 5-In case of recidivism, the minimum and maximum limits of the fines provided for in paragraphs 1 to 3 are high in a third of their value, and cannot be less than the value of the fine imposed for the previous offence since the minimum and maximum limits of this are not superior to that. 6-repeat offender agent who commits an offence committed with dolo 5 after being convicted of another offence committed with intent, between the two infringements do not have expiry than the first.

Article 4 penalties 1-simultaneously with the fine, can be applied, depending on the seriousness of the offence and the guilt of the agent, the following penalties: a) confiscation of property, including technical equipment, means of transport, or game titles values used in the offence or resulting from this practice, including the premiums or that as such have been distributed; b) closure of the establishment where the activity takes place and whose operation is subject to authorisation or license of administrative authority; c) Prohibition of the exercise of any activity relating to sweepstakes contests awarded exclusive arrangements to the Santa Casa da Misericórdia de Lisboa. 2-If a game title seized are entitled to the same premium is received and the value of the goods seized.

Article 5 competent Authority 1-is responsible for the processing of the contravention referred to in this section the Department of Santa Casa da Misericórdia de Lisboa. 2-is competent for the application of fines and penalties for committing the offences referred to in this section in the direction of the Department of Santa Casa da Misericórdia de Lisboa.

Article 6 product Distribution of fines 1-the proceeds of fines imposed in accordance with the preceding articles is distributed as follows: 50% for) 's Santa Casa da Misericórdia of Lisbon; 6 b) 35% for the financial management Institute of Social Security; c) 15% for the State. 2-the Santa Casa da Misericórdia of Lisbon transfers on a quarterly basis to the entities referred to in paragraph 1 (b)) and c) of the preceding paragraph the amounts you have received and which they are entitled.

SECTION II electrical systems SUBSECTION (I) Regulation of licences for electrical facilities article 7 amendment to Decree-Law No. 26 852, 30 July 1936 articles 59 to 65, 67 to 72, 74 and 75 of the regulation of licences for electrical installations, approved by Decree-Law No. 26 852, 30 July 1936, and amended by decree-laws No. 40 722 , 2 August 1956, 43 335, of 19 November 1960, no. 446/76, of 5 June, n. º 517/80, of 31 October, no. 131/87, of 17 March, no. 272/92 of 3 December, and no. 4/93, January 8, and by Ordinance No. 344/89, of May 13, are replaced by the following : ' article 59


1-When the work of establishing a public service electric installation requiring establishment licence start before fulfilled the provisions of article 24, the dealer is punished with a fine, graduated according to the importance of the installation and the advance of the work, not being not less than € 250 and not more than € 2500. 2-If the installation is not included in the established illegally area of concession or fails to comply with the provisions of the relevant contract documents, or in the case of grant approved in legal terms, the fine may not be less than € 750 nor more than € 7500. 7 3-When the installation, in addition to established without a license, is found already in operation, is high at double the fine to compete. 4-the competent authority close to the offender to disassemble the installation or to your legalization, fixing for that purpose sufficient time. 5-If the subpoena referred to in paragraph 1 is not met, the offender is considered a repeat offender, being applied new fine, equal to twice the value of primitive, followed by new subpoena. 6-the second recurrence is punishable by fine of value equal to five times of the primitive, whatever the importance of this, the competent authority may order that the embargo also works to prevent your continuation and, if the third subpoena is not met, order you to apprehend the electrical installation materials, which are sold in public auction as, the liquid product of the sale, State revenue. 7-if the installation does not run directly by your operator or owner, the installation firm incurs the same fines that are applied to that.

Article 60 the lack of compliance with the subpoena referred to in paragraph 4 of article 26 is punishable by a fine up to € 750, which, in case of recurrence, can be raised up to £ 7500.

Article 61 1-lack of consignment of the project referred to in paragraph 3 of article 27 or lack of communication referred to in paragraph 3 of article 28 gives rise to the application of a fine up to € 75, which, in case of recurrence, can be raised up to € 750.

2-lack of presentation within the period referred to in paragraph 4 of article 27 gives rise to the application of a fine up to € 150, which, in case of recurrence, can be raised up to € 1500.

8 article 62 1-If the work of establishing an electrical installation of private first class service starts before fulfilled the provisions of article 38, the your owner is punishable by fine, graduated according to the importance of the installation and the advance of the work, not being not less than € 150 nor more than € 1500. 2-If the installation, in addition to established without a license, is found already in operation, can't the fine be less than € 300 and not more than € 3000. 3-shall also apply to this case the provisions of paragraphs 4 to 6 of article 59.

Article 63 When the establishment of an electrical installation are not met the clauses that have been imposed by the competent authority pursuant to paragraph 1 of article 18, the offender is punished with a fine of € 300 for every clause has not been fulfilled, and these clauses again imposed together with those whose need has been demonstrated by the survey.

Article 64 1-the operator or owner of an electrical installation does not run the same install in accordance with the approved design, since the changes may affect the security of your farm or change perceptibly the your characteristics or intended purpose, incurs fines, graduated according to the importance of the installation and of the modifications made not being not less than € 750 nor more than € 7500. 2-the application of the fine is followed by subpoena to perform the installation in accordance with the approved project or to request new license to modifications made, under this regulation, within the time limit that is set for this purpose. 3-failure to subpoena gives way to installation is deemed to have been established without a license, applying the 9 paragraph article 59 4-5 [previous § 3] article 65 1-the operator of a public service or electrical installation of an electrical installation of particular service of 1st, 2nd or 3rd category that has been legally established but in holding before the inspection, or which has been refused provisional authorization for the operation referred to in paragraph 3 of article 45, incurs a fine, graduated according to the importance of the installation not being not less than € 300 and not more than € 3000 if the installation of public service, and not less than € 150 nor more than € 1500 if the installation is of particular service. 2 - […]. 3-failure to subpoena gives rise to the application of new fine, which can be up to five times the first, whatever the importance of this.

Article 67 public distributor of electric power to call or allow the connection to your network installation of 2nd or 3rd category, without having obtained prior authorization of the relevant Regional Directorate of the Ministry of economy and innovation, is punishable by a fine up to € 300.

Article 68


1-the lack of compliance with any clauses imposed on the operator of an electrical installation, in accordance with article 45, wants this imposition is the result of the first survey of this installation, whether as a result of a revistoria held on any other occasion, gives way, if the installation of public service, the imposition of a fine of € 25 for each clause has not been complied with or that has been so incomplete or ineffective and should not, in any event, the fine is less than 10 € 75 nor more than € 750. 2-Applied the fine referred to in the preceding paragraph, the competent authority to the operator, to comply with the clauses in lack, a new term that is sufficient for the execution of all jobs and taxes, if this deadline is not respected, the offender is considered a repeat offender, and applied a new fine of € 75 for each clause, with a minimum of € 150 and maximum € 1500 , followed by a third and final term. 3-the second recurrence is punished with a fine of € 300 for each clause, with the minimum of € 750 and a maximum of € 7500. 4-15 days after applying this last fine, if the operator has not implemented in full all tax work satisfactorily, the competent authority may order the enforcement, by your account of the offender, in which case the amounts spent, if they are not satisfied voluntarily, are charged by force. 5-Regardless of the preceding paragraph, whether or not applied its provisions, to observe the third deadline for the fulfillment of the provisions is considered as a crime of qualified disobedience, pursuant to article 348.º of the Penal Code. 6-If the installation is of particular service, are also applying the provisions of this article, being the minimum and maximum limits of the fines provided for in the preceding paragraphs halved.

Article 69 1-the operator of a distribution of power that does not respect the clauses of the specifications of your grant or distribute electric power for purposes other than those that are prescribed are punished with fines up to € 150, which, in case of recurrence, can be raised up to € 1500, followed by subpoena to regularize exploitation. 2-the fine referred to in the preceding paragraph has no application if in the contract documents are provided for a penalty for the same infringement. 11 article 70 That you fail to comply with any legal summons to be made by the competent authority shall be punished with a fine up to € 150 which, in case of recidivism, is high up to € 1500, followed by new subpoena.

Article 71 the lack of compliance with the third summons, made pursuant to articles 69 and 70, is considered a crime of disobedience for the purposes of article 348.º of the Penal Code.

Article 72 That you fail to provide any clarification necessary for the smooth running of the process of licence or fail to comply with any formalities necessary to the same end, after this clarification or compliance with this formality had been requested by the competent authority in three successive crafts, dispatched with intervals of not less than fifteen days, is punishable by a fine up to € 75 to in case of recurrence, can be raised up to € 750.

Article 74 If the same fact constitute crime and a misdemeanour simultaneously, the agent is always punished crime purposes only.

Article 75 the directors, managers or employees of any company or company ordering on its behalf any act that is considered a criminal offence or a misdemeanour are personally responsible for this Act, and may be required to be equal liability for any consequences which may result from the lack of compliance with the provisions of this regulation.» 12 article 8 Amendment to Decree-Law No. 26 852, 30 July 1936 is added to the regulation of licences for electrical installations, approved by Decree-Law No. 26 852, 30 July 1936, article 58-A, with the following text:% quot% article 58-1-pipes laid down in the following articles constitute administrative offences. 2-the competent authority for the creation, processing, and statement of a misdemeanour decision is the Directorate-General for Geology and energy, without prejudice to the powers of supervision and procedural statement previously committed to the regional directions of economy, transferred to the General inspection of economic activities pursuant to Decree-Law No. 46/2004, of March 3. 3-the proceeds of fines goes to the State and to the service referred to in the preceding paragraph in the percentages of 60% and 40%, respectively.»

SUBSECTION II system of preparation of projects of particular service electrical installations article 9 amendment to Decree-Law No. 517/80, October 31 article 22 of Decree-Law No. 517/80, of 31 October, amended by decree-laws no 272/92 of 3 December, and 315/95 of 28 November, is replaced by the following : ' Article 22 administrative offences 1-Who, in violation of article 2, start work subject to municipal licensing, whose electrical system lacks, without having the required 13 license is punishable by a fine of € 1000 to € 5000. 2-Who, in violation of the provisions of paragraphs 1 to 4 of article 3, start work subject to municipal licensing, which requires no wiring, without having presented, along with the disclaimer referred to in article 13, the electronic record, in duplicate, and duly signed by the technician responsible for the performance of the electrical installation, is punished with a fine of € 500 to € 1500. 3-the conduct in breach of the provisions of paragraph 5 of article 3 is punishable by fine of € 1000 to € 5000. 4-Who, in violation of article 8, change the project of electrical installation without previously amending project is punished with a fine of € 750 to € 3000. 5-non-compliance with the procedures provided for in article 10 is punishable by a fine of € 500 to € 1500. 6-the technician responsible for the exploitation, in violation of article 20, does not inspect electrical installations, in order to carry out the checks, tests and measurements and draw up the report referred to in article 14, shall be punished with a fine of € 1000 to € 2500. 7-the technician responsible for the exploitation, in violation of the provisions.

the 2 and 3 of article 20, did not send to the Regional Directorate of the Ministry of economy and innovation the report referred to in the preceding article shall be punished with a fine of € 500 to € 1500. "

Article 10 Amendment to Decree-Law No. 517/80, of 31 of October Are added to Decree-Law No. 517/80, of 31 October, articles 22A and 22-B, with the following text:% quot% article 22A 1-competent authority is responsible for the establishment, processing and instruction of a misdemeanour procedures the Directorate-General for Geology and energy, without prejudice to the powers of supervision and 14 procedural statement previously committed to the regional directions of economy, transferred to the General inspection of economic activities pursuant to Decree-Law No. 46/2004, of March 3. 2-is responsible for the decision on the imposition of fines the Commission of imposition of fines economic and advertising.

Article 22-B product Distribution of the fines the proceeds of fines imposed is distributed as follows: 40%) for the principal instructor of the process; b) 60% for the State.»

SECTION III activity of the resin article 11 amendment to Decree-Law No. 38 630, of 2 February 1952 The articles 4 and 5 of Decree-Law No. 38 630, of 2 February 1952, amended by Decree-Law No. 41 033, 18 March 1957, shall be replaced by the following: ' article 4 the infringement of article 2 of Decree-Law No. 28 492 February 19, 1938, in Decree-Law No. 38 273, of 29 May 1951, in this decree-law and in Decree-Law No. 41 033, 18 March 1957, all in the Newsroom in effect, constitutes a misdemeanour punishable by the following fines: 1 For each incision with excess width or depth: total width total depth 12 cm fine of up To 2 cm € 4.00 Until 14 cm To 3 cm € 8.00 more than 14 centimeters more than 3 cm € 40.00 15 2 For each open wound in pines of a diameter of less than 0 m, .30 measuring 1 m, .30 soil whose resin is not authorised, with a fine in the amount of € 75. 3 For any other offence specified in the preceding paragraphs, not for every wound, with a fine in the amount of € 8. § 1 by the payment of the fine respond jointly and severally the owner or possessor of the pines, the industrialist who is destined for the gem and the resineiro. § 2 The breaches are not punished when they prove that the number of legal incisions does not exceed 1% in the pine forest to which they relate and shall be charged to the risk resulting from the resin. § 3.º […]. § 4.º […].

Article 5 the industrialist who receive gem, from any person, for others on the general direction of forest resources practice a misdemeanour punishable by a fine of € 50 to € 275.»

Article 12 Amendment to Decree-Law No. 38 630, of 2 February 1952 Are added to Decree-Law No. 38 630, of 2 February 1952, articles 7A and 7-B, with the following text:% quot% article 7-the competent authority is responsible for the creation, processing, and statement of a misdemeanour decision for infringement of the diplomas referred to in article 4 the general direction of forest resources.

Article 7-B product Distribution of fines 16 the product of the fines imposed is distributed as follows: 40%) to the Directorate General of forest resources; b) 60% for the State.»

SECTION IV system of combating contagious animal diseases article 13 amendment to Decree-Law No. 39 209, 14 May 1953 The articles 14 and 15 of Decree-Law No. 39 209, 14 May 1953, as amended by decree-laws Nos 51/90, of 10 February, and 69/93, of 10 March, are replaced by the following : ' article 14 1-infringement of this diploma and the hygiene sanitary regulations provided for in article 5, in accordance with and for the purposes of this diploma, be issued by the Directorate-General of the veterinary and agriculture regional directorates, constitutes an administrative offence punishable by a fine of € 3750 € 250, in the case of a natural person, and € 3000 € 45000, in the case of a legal person. 2-the negligence and the attempt are always punished. 3-simultaneously with the fine, can be applied, depending on the seriousness of the offence and the guilt of the agent, the following penalties: the) loss of objects belonging to the agent; b) Prohibition of the exercise of professions or activities whose exercise depends on title or public authorization or approval of a public authority; c) ineligibility the allowance or benefit granted by entities or public services; d) Deprivation of the right to participate in trade fairs or markets; e) ineligibility to participate in arrematações or 17 public tenders relating to the contract or the award of public works, supply of goods and services, the provision of public services and the granting of licences or permits; f) Closure of establishment whose operation is subject to authorisation or license of administrative authority; g) Suspension of permits, licenses and permits. 4-is competent for the application of fines and penalties the director-general of Veterinarian, who can delegate it to the directors of regional agriculture. 5-competes in the regional directorates of agriculture instruction of a misdemeanour procedures, which can usually be done by the police and administrative provisions they detect situations of breach of the provisions of the present diploma, being, in this case, the processes sent to regional directorates of Agriculture of their area, which may, where they consider it necessary, perform additional steps of instruction. 6-after the instruction, the regional directorates of agriculture shall draw up a summary report, which should contain the identity of the defendant, the description of the facts charged, the evidence and the circumstances relevant to the decision, the indication of the standards violated and the fine and the penalties to be applied. 7-a misdemeanour procedures are then present to the director-general of Veterinarian for decision. 8-the product of the fines imposed is distributed as follows: a) 10% for the entity that raised auto; b) 10% for entity that instructed the process; c) 20% for the entity that applied to fine; d) 60% for the State.

Article 15


The administrative and police authorities provide promptly all aid which the Directorate-General of veterinary and agricultural regional directorates requesting them for the application of measures ordered under the present law, cooperating on your running on whatever necessary 18.»

Article 14 legal References in Decree-Law No. 39 209, 14 May 1953 all references to the "Minister of economy" and the "Directorate-General of Livestock Services", of Decree-Law No. 39 209, 14 May 1953, made to the Minister of agriculture, Rural development and fisheries "and" Veterinary Directorate ", respectively.

Section V fostering scheme inland fish article 15 amendment to law No. 2097, 6 June 1959, bases XXIV and XXV of law No. 2097, 6 June 1959, which lays the Foundation of inland fish, are replaced by the following: «17TH 1-Base [...]. 2 - [....]. 3-failure to comply with the preceding paragraphs is against-punishable by fine of € 500 to € 3000, in the case of a natural person, and € 2000 to € 44890, in the case of a legal person.

XXIV 1-fishing base without the necessary license free waters and forbidden waters reserved or subject to concession, constitutes a misdemeanour punishable by a fine of € 100 to € 1000. 2-If the fishing is conducted at night, the minimum and maximum limits of the fine are high for the double.

19 Base XXV Constitutes a misdemeanour punishable by a fine of € 50 to € 500: the return) the waters of fish caught with dimensions less than those regulations; b) destruction, displacement or destruction of signaling tablets placed under or in compliance with legal provisions. '

Article 16 amendment to Decree No. 44 623, of 10 October 1962 articles 59, 60, 62, 66, 68 to 71, 78 and 79 of Decree 44 623, of 10 October 1962, which approves the regulation of law No. 2097, 6 June 1959, as amended by Decree No. 312/70, 6 July , and by Regulatory Decree No. 18/86, of May 20, and no. 11/89, of 27 April, are replaced by the following:% quot% article 59 the infringement of article 48 is a misdemeanour punishable in accordance with the following: a) the lack of participation in the general direction of forest resources within the time limits referred to in paragraph 1 of article 48 is punishable by a fine of € 500 to € 3700; b) if there has been only compliance with measures essential for the survival of fish, without her work to your destruction, the fine is € 500 to € 3740; c) If, cumulatively, there has been non-compliance with the requirements of the General Directorate of forest resources, the fine is € 500 to € 3740; d) If, in any case, there has been the death or destruction of wildlife ictiológica, the fine is € 500 to € 3740.

Article 60 20 fishing alone of their license and personal identification document constitutes a misdemeanour punishable by a fine of € 50 to € 500.

Article 62 the infringement of the provisions of article 51 is a misdemeanour punishable in accordance with the following: a) the transfer of ichthyological species is punishable by a fine of € 500 to € 2,500; b) your import is punished with a fine of € 500 to € 3700.

Article 66 the infringement to the provisions of § 3 of article 34, § 2 of article 36 and article 47 (a)) constitutes a misdemeanour punishable by a fine of € 100 to € 250. Article 68 Is administrative offense, punishable by a fine of € 75 to € 500, sale, acquisition and simple exposure to the public, transport, supply and retention in hotels or fresh fish counterparts during the time of its closure, whatever your origin.

Article 69 When the conduct referred to in the preceding article are subject to lower legal sized fish or from fishing prohibited, the agent is punished with a fine of € 100 to € 700.

Article 70 the infringement to the provisions b), c) and (d)) and the single article 47 § and in the first part of § 2, § 5 and in paragraph 7 of article 11 is against-punishable by fine of € 75 to € 250. 21 Article 71 transportation, display and sale of salmonids in violation of the provisions of § 2 of article 32 is a misdemeanour punishable by a fine of € 75 to € 250.

Article 78 paragraph 1 Constitutes a misdemeanour punishable by a fine of € 100 to € 1000 the existence of explosives, chemical products, vegetables, poisonous substances, toxic or any other likely to destroy, stun or scare away the fish, nets or other fishing gear out of time and place, on Board of fishing vessels, in the equipment or in the vehicles, in possession or in range of the fisherman in the fishery Act When general law does not constitute unlawful criminal attempt. § 2 the administrative offense referred to in paragraph 1 is punishable by a fine of € 200 to € 2000, if the offender has the materials about you or your reach in the fishery Act.

Article 79 the motor boat in sports fishing concessions still waters without permission from the environmental Institute, heard the Directorate General of forest resources, constitutes a misdemeanour punishable by a fine of € 75 to € 250.»

Article 17 Amendment to Decree No. 44 623, of 10 October 1962 Are added to Decree 44 623, of 10 October 1962, articles 79-and 79-B, with the following text:% quot% article 79-competent authority 22 is responsible for creation, processing, and statement of a misdemeanour decision for infringement of the provisions of law No. 2097 June 6, 1959, and in the present law the general direction of forest resources.

Article 79-B product Distribution of the fines the proceeds of fines imposed is distributed as follows: 40%) to the Directorate General of forest resources; b) 60% for the State.»

SECTION VI of the general terms and conditions of the Schemes activities subsection I shows the General pursuit of the professional activities associated with the shows article 18 amendment to Decree-Law No. 43 181, September 23 1960 article 11 of Decree-Law No. 43 181, of 23 September 1960, as amended by Decree-Law No. 38/87 of 26 January is replaced by the following:% quot% article 11


1-Is the offence serious infraction of the provisions of paragraph 1 of article 1, in articles 4, 7 and 9, as well as the regulations referred to in articles 2 and 5-2 in the light of the seriousness of the offence and the guilt of the agent, being this entertainer or artistic agent, can also be applied to accessory sanction of prohibition of the pursuit of the activity. 3-shall apply to the offences referred to in this article the general regime provided for in articles 614.º to 640.º of the labour code.» 23 SUBSECTION II of the general terms and conditions of the Legal Regime Governing the business of entertainment professionals article 19 amendment to Decree 43 190, of 23 September 1960 The articles 10, 11, 14, 16 and 46 of Decree No. 43 190, of 23 September 1960, amended by decree-laws No. 383/71, of the 17 September, and 38/87 of 26 January, are replaced by the following: ' article 10 Constitutes a serious infraction:) by permission of entity that explores shows or public amusements of entertainer in violation of the provisions of this law; b) by permission of entity that explores shows or public amusements, the amateur view in violation of the provisions of this law.

Article 11-1 the activity of artistic agent depends on the license granted by General Labour Inspectorate. 2-[previous # 1]. 3-violation of paragraph 1 constitutes a serious infraction.

Article 14 1-artistic agent may not receive any monies for placing entertainer in the undertaking or establishment where service in any capacity, or it's owner, Manager, or administrator. 2-the violation of the provisions of the preceding paragraph constitutes 24 serious infraction. 3-in the light of the seriousness of the offence and the guilt of the agent, can also be applied to accessory sanction of prohibition of the pursuit of the activity.

Article 16 1-the license granted shall be suspended as soon as society: a) General labour inspection report them have ceased to recognize suitability to any of its administrators or managers; b) [previous section 2)]. 2-[previous # 1]. 3-the pursuit of the activity in the period of suspension of the license constitutes a serious infraction. 4-the company must notify the General Labour Inspectorate, within five days, the condemnation of an administrator or Manager for your crime referred to in paragraph b) of paragraph 1. 5-violation of the preceding paragraph constitutes a serious infraction.

Article 46 1-the trials and any other preparatory work can only take place within the period of validity of contracts and the remuneration fixed is the same for both periods of tests, trials and shows, or just shows. 2-the violation of the provisions of the preceding paragraph constitutes an administrative offence serious.»

Article 20 legal Decree No. 43 190, of 23 September 1960 all references to "National Institute of work and welfare", of Decree No. 43 190, of 23 September 1960, references to "25 general employment Inspectorate".

Article 21 addition to Decree 43 190, September 23 1960 is added to Decree 43 190, of 23 September 1960, article 46A, with the following text:% quot% article 46A shall apply to the offences referred to in articles 10, 11, 14, 16 and 46 the general regime provided for in articles 614.º to 640.º of the labour code.»

SECTION VII Regulation of the profession of Stoker for driving steam generators article 22 amendment to regulation approved by Decree No. 46 989, 30 April 1966 1-Chapter VI of Regulation of the profession of Stoker for driving steam generators, approved by Decree No. 46 989, of April 30, 1966 and amended by Decree No. 574/71 , of 21 December, called "administrative offences". 2-articles 49 to 52 of regulation of the profession of Stoker for driving steam generators are replaced by the following: ' article 49 1-serious infraction Is driving steam generators, or the conduct of their owners or users that allows the conduct of same by: the individuals portfolio holders) professional fireman; b) Firemen hold professional licenses not revalidated or 26 not delivered in accordance with article 42. 2-light infraction Constitutes the performance of fireman without their professional portfolio contains the endorsement of the entities to the service of which the holder is.

Article 50 Constitutes a serious infraction: a) the conduct of the owner or user of steam generator that determine or allow learning or instruction generator driving in violation of the provisions of articles 14 to 16, or driving by Stoker of lower class required depending on the category of the generator; b) the violation of the provisions of paragraph one of article 1, in articles 7 to 9, as well as the lack of licence referred to in paragraph 4 of article 32; c) the conduct of the employer that impede or prevent the Stoker to comply with the provisions of articles 11 to 13.

Article 51 Constitutes a serious infraction the breach of the provisions of articles 11 to 13, if the fireman's carry out gainful employment provided with autonomy.

Article 52 shall apply to the offences referred to in articles 49 to 51 the general regime provided for in articles 614.º to 640.º of the labour code.»

SECTION VIII system of reservoirs of public waters article 23 amendment to Decree-Law No. 502/71, of 18 November 27 Article 7 of Decree-Law No. 502/71, of 18 November, is replaced by the following:% quot% article 7


1-Is administrative offense: a) the conduct of those utilities, irrigators Organization associations and beneficiaries and other bodies interested in the operation of public waters in violation of the provisions of paragraph 4 of article 1, not pay the collaboration requested by the Office of water; b) to observe, in violation of paragraph 3 of article 2, of the constraints laid down in projects or proposals approved by order of the Minister that the area of the environment; c) construction, in violation of the provisions of paragraph 2 of article 3, of buildings and other uses of protected areas that may interfere with the primary and secondary uses of reservoirs in compliance with the conditions laid down by the Ministry that the area of the environment and your supervision; d) any buildings or recreational activities, including those that have been, in accordance with article 4, prohibited by the Ministry governing the area of the environment. 2-The contravention referred to in the preceding paragraph shall be punished with a fine of € 150 to € 15 000, raised twice in case of recurrence. 3-is responsible for the creation, processing, and statement of a misdemeanour decision the water Institute. 4-the product of the fines reverts to the State and to the service referred to in the preceding paragraph in the percentages of 60% and 40%, respectively.»

Article 24 legal References in Decree-Law No. 502/71, of 18 November all references to the "Ministry of public works", the "Minister of public works" and "Directorate-General of Hydraulic Services", of Decree-Law No. 71/28502, November 18, made the "Ministry that the area of the environment", the "Minister governing the area of the environment" and the "Office of water ' , respectively.

SECTION IX Performances on land use and landscape article 25 amendment to Decree-Law No 343/75, of July 3 article 6 of Decree-Law No. 343/75, of 3 July, amended by Decree-Law No. 117/94, may 3, is replaced by the following:% quot% article 6 1 – Is a misdemeanour punishable by fine of € 50 to € 3740 in the case of a natural person, and € 500 to € 40000, in the case of a legal person: a) the infringement of the provisions of paragraph 1 of article 1; b) non compliance with the conditions imposed in accordance with paragraph 2 of article 4; c) the lack of fulfilment of the order referred to in paragraph 2 of article 5. 2-is competent to determine the establishment of procedures for a misdemeanour, to designate the instructor and to apply the fines the Mayor from the practice of infringement, and may delegate it in any of its members. 3 – the product of fines goes to the State and to the City Council referred to in the preceding paragraph in the percentages of 60% and 40%, respectively.»

Section X system of exhibition and sale of objects and means of pornographic or obscene content article 26 amendment to Decree No. 647/76, on July 31 articles 8 to 10 of Decree No. 647/76, of 31 July, which regulates the Decree-Law No. 254/76, of April 7, shall be replaced by the following: ' article 29 8 infringement of provisions of this law constitutes an administrative offence punished with a fine of € 200 to € 1000 If more severe sanction is not applicable under another legal provision.

Article 9 shall be responsible for the establishment, processing and instruction of a misdemeanour procedures the General inspection of economic activities, the Commission for the imposition of fines in Economic Matters and competent advertising for the decision of imposition of fines. Article 10 the product of the fines imposed is distributed as follows: 40%) for the General inspection of economic activities; b) 60% for the State.»

SECTION XI road Schemes article 27 administrative offences 1 road-the breach of the provisions of paragraphs 1, 2, 4 and 5 of Ordinance No. 344/78, of June 29, as amended by Decree-Law No. 186/82, of 15 may, is against road-punishable by fine of € 120 to € 600. 2-the breach of the provisions of paragraphs 1 to 3 of ministerial order No. 324/82, of 25 March, as amended by ministerial order No. 475/83, of 22 April, constitutes an administrative offence punishable by fine of bus € 60 to € 300. 3-shall apply to the offences referred to in this article the provisions of title VIII of the highway code. 4-the product of the fines imposed is distributed according to the provisions of Decree-Law No. 369/99 of 18 September.

30 SECTION XII of collection Schemes and transport of milk and the concentration and milk treatment article 28 administrative Regime concerning the conditions higiotécnicas of collection and transport of milk and to hundreds of concentration and 1 milk treatment-this article establishes the regime for offences of conduct contrary to Regulation Higiotécnicas conditions of collection and transport of Milk to the regulation of the concentration of milk and to the regulation of the Milk treatment centers, approved by the implementing Decree No. 7/81, of 31 January, as amended by decree-laws no

441/86, of 31 December, no. 205/87, May 16, and no. 39/2003, 8 March. 2-Is a misdemeanour punishable by a fine of € 250 to € 2500: a) the lack of execution of works within the time limits and terms indicated under regulation; b) the lack of compliance with higiotécnicas requirements to be observed in the functioning of the milk collection facilities; c) the lack of compliance with higiotécnicas requirements to be observed in the functioning of milk collection centres; d) the lack of compliance with higiotécnicas requirements to be observed in the functioning of milk treatment centers. 3-Is a misdemeanour punishable by a fine of € 150 to € 2500 maintenance contributor service proven to be sick or that is not equipped with the respective health bulletin. 4-Constitutes a misdemeanour punishable by a fine of € 50 to € 2500 non-observance of the rules concerning the transport of milk hygiene. 5-Constitutes a misdemeanour punishable by fine of € 25 to € 2500 using a vessel that does not meet the requirements laid down in the regulation. 6-simultaneously with the fine, can be applied, depending on the seriousness of the offence and the guilt of the agent, the accessory penalty of loss to the State of products, objects, containers or mechanisms used or intended for the practice of administrative offences provided for in the preceding paragraphs. 7-is responsible for the processing of the contravention referred to in the preceding paragraphs 31 regional direction of Agriculture of area of practice. 8-is competent for the application of fines and penalties referred to in the preceding paragraphs, the Director-General. 9-the proceeds of fines imposed pursuant to the preceding paragraphs is distributed as follows: a) 10% for the entity that raised auto; b) 10% for entity that instructed the process; c) 20% to the body which decided the process; d) 60% for the State.

Article 29 amendment to Regulation Higiotécnicas conditions of collection and transport of Milk 1-chapter III to Regulation Higiotécnicas conditions of collection and Milk transport, approved by the implementing Decree No. 7/81, of 31 January, is called "General provisions and penalties applicable. 2-article 24 of regulation Higiotécnicas conditions of collection and transport of Milk is replaced by the following:% quot% article 24 infringements of the provisions of this regulation are against-punishable by fine in accordance with legally prescribed.»

Article 30 amendment to regulation of concentration of Milk 1-Chapter VI to regulation of the milk Concentration centers, approved by the implementing Decree No. 7/81, of 31 January, is called "General provisions and penalties applicable. 2-articles 21 and 22 of Regulation of the concentration of Milk shall be replaced by the following: ' article 32 21 infringements of the provisions of this regulation are against-punishable by fine in accordance with legally prescribed.

Article 22 suspension actions provided for in this chapter, regardless of the competence of the Directorate-General of Health in the sector, can be carried out by the Directorate-General of the veterinary and agriculture regional directions.» Article 31 amendment to regulation of milk treatment centres 1-Chapter VI to regulation of Milk treatment centers, approved by the implementing Decree No. 7/81, of 31 January, is called "General provisions and penalties applicable. 2-articles 21 and 22 of Regulation of Milk treatment centers are replaced by the following: ' article 21 The infringements of the provisions of this regulation are against-punishable by fine in accordance with legally prescribed.

Article 22 suspension actions provided for in this chapter, regardless of the competence of the Directorate-General of Health in the sector, can be carried out by the Directorate-General of the veterinary and agriculture regional directions.»

SECTION XIII mortuary legal systems 33 article 32 amendments to Regulation model of Municipal Cemeteries article 64 of the Regulation model of Municipal Cemeteries, approved by Decree No. 48 770, of 18 December 1968, and amended by Decree-Law No. 411/98, of 30 December, is replaced by the following: ' article 64 The infringements of the provisions of this regulation are against-punishable by fine in accordance with legally prescribed.» Article 33 amendments to the Regulation model of Parochial Cemeteries article 65 of Regulation model of Parochial Cemeteries, approved by Decree No. 48 770, of 18 December 1968, and amended by Decree-Law No. 411/98, of 30 December, is replaced by the following: ' article 65 The infringements of the provisions of this regulation are against-punishable by fine in accordance with legally prescribed.»

CHAPTER III Amend the legal regime for offences article 34 amendment to Decree-Law No. 411/98, of December 30 articles 25, 27 and 29 of Decree-Law No. 411/98, of 30 December, amended by decree-laws No. 5/2000, of 29 January, and no. 138/2000, of 13 July, are replaced by the following:% quot% article 25 [...] 34 1-Is a misdemeanour punishable by a fine of € 500 to € 7000 or € 1000 to € 15000, depending on whether the agent is an individual or legal person:) [....] b) [...] c) [....] d) [...]) [....] f) [....] g) [...] h) [...] i) [....] j) [....] l) [previous k)]; m) [previous (l))]; n) [previous subparagraph m)]; the) [previous (n))]; p) [previous article)]; q) [previous (p))]; r) [previous subparagraph q)]. 2-Is a misdemeanour punishable by fine of € 200 to € 2500 or € 400 to € 5000, depending on whether the agent is an individual or legal person:) [....]; b) [....]; c) [....]; d) [....]; and mandatory provisions) the infringement of an administrative nature of regulation of municipal or parish cemetery, if more severe sanction is not applicable by virtue of other standard of this article. 3 - [...].

35 article 27 [...]


The competence to determine the procedure of administrative offense and to apply their fine belongs, in cases of breach of the provisions of regulation of parish cemetery, in accordance with subparagraph (e)) of paragraph 2 of article 25, the President of the respective Parish Council, and, in other cases, the Mayor of the municipality in whose area has been committed the offence and can such powers be delegated, respectively, in any of the members of the Parish Council or mayor, pursuant to provisions of paragraph q) of paragraph 1 of article 38 and p) of paragraph 2 of article 68 of Act No. 169/99 of 18 September, as amended by law No. 5/2002, of 11 January.

Article 29 [...]

1-[...]: 40%) for the municipality or Parish that has applied the fine; b) 20% for the parish that, in the area of this municipality, has your administration under one or more cemeteries, in the case of the fine have been applied by the municipality; in case of plurality of districts, in the area of this municipality, have under your management one or more cemeteries, the amount is divided by the total number of receiving each parish the part corresponding to the number of those who have under your administration; or, for the municipality in which they integrate parish, in case you have been to apply the fine; c) [....]; d) [....]. 2 - [....]. 3-it is the municipality or parish, as the case may be, to proceed to the recovery of the fine and the subsequent assessment of the relevant product in the manner established in the preceding paragraphs.

36 CHAPTER IV transitional and final provisions article 35 supplementary law To administrative offences provided for in this law, and in all that it does not find especially regulated, are in the alternative the provisions of the general regime of the social ordering and merely illicit, contained in Decree-Law No. 433/82 of 27 October, amended by decree-laws No. 356/89 of 17 October , no. 244/95 of 14 September, and no. 323/2001, of 17 December, and by law No. 109/2001, of 24 December.

Article 36 contravention and its conversion scheme 1-The Contraventions and offences provided for in the legislation in force are not covered by the preceding articles shall assume the nature of contravention under the terms established in the following paragraphs. 2-the offences previously punished only with fines are punished with fines of amount equal to that provided for in the respective standards. 3-offences previously punishable by sentences of imprisonment and fine alternatives are punished with penalties of an amount equal to the prescribed for the respective fines. 4-the offences previously punished with jail time or cumulatively with prison sentences and fines, are punished with fines whose minimum and maximum limits are those laid down in article 17 of the general regime of the social ordering and merely illicit process. 5-Are responsible for the processing and application of the penalties foreseen for the offences referred to in this article the services designated in accordance with paragraph 2 of article 34 of the general regime of the social ordering and merely illicit process. 6-the product of the fines referred to in this article, applied for the services listed in accordance with the provisions of the preceding paragraph, reverts to the State and to the same services, in percentages of 60% and 40%, respectively. 7-The contravention referred to in this article are in the alternative the provisions of 37 general regime of the social ordering and merely illicit process. 8-exceptions to the provisions of this article the Contraventions and offences laid down in legal regimes concerning the collective transport of passengers and the tolls charged by dealers in road infrastructure.

Article 37 transitional provisions 1-The misdemeanors and transgressions committed before the date of entry into force of the present law are sanctioned as administrative offences, without prejudice to the application of the regime that specifically show more favourable to staff members, in particular as regards the extent of the penalties. 2-the processes by facts committed before the date of entry into force of this Act are pending in court on that date continue to run their terms before the courts are, being applicable to them, to the final transit of the decision puts an end to them, the procedural legislation concerning misdemeanors and transgressions. 3-the processes by facts committed before the date of entry into force of this law, whose establishment is carried out at later time, run your terms vis-à-vis the competent administrative authorities. 4-the decisions made by the administrative authorities pursuant to the preceding paragraph appeal in general terms.

Article 38 set Standard are expressly revoked:) articles 27, 28 and 29 of Decree No. 1990, of 30 November 1926; b) articles 3, 4, 7 and 9 of the Decree of 24 902 10 January 1935; c) articles 66 and 73 of regulation of licences for electrical installations, approved by Decree-Law No. 26 852, 30 July 1936; d) the body and paragraph 1 of article 9, paragraph 1 of article 10, paragraph 3 of article 11, and article 12 of Decree-Law No. 38 273, of 29 May 1951; e) Decree-Law No. 39 931, of 24 November 1954; 38 f) articles 153 to 164 of Decree-Law No. 43 335, of 19 November 1960; g) articles 72 and 73 of the Decree n. º 44 623, of 10 October 1962; h) article 53 of regulation of the profession of Stoker for driving steam generators, approved by Decree No. 46 989, 30 April 1966; I) article 20 of Decree-Law No. 740/74, of 26 December; j) Decree-Law No. 637/76, of 29 July; l) Decree-Law No. 376/77, of 5 September; m) paragraph 6 of ministerial order No. 344/78, of 29 June; n) articles 24 and 31 of Decree-Law No. 143/78 of 12 June; the) paragraph 2 of article 95 of the Decree-Law No. 553/80, 21 November; p) article 25 of the Regulation of the Higiotécnicas Conditions of collection and Milk transport, approved by the implementing Decree No. 7/81, of 31 January; q) paragraph 4 of the ministerial order No. 324/82, of 25 March; r) Decree-Law No. 117/90 of 5 April.

Article 39 entry into force this law shall enter into force thirty days after your publication.

Seen and approved by the Council of Ministers of 15 September 2005 Prime Minister the Minister of Parliamentary Affairs Minister Presidency