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1 PROPOSAL of law No. 20/X explanatory memorandum 1. Echoing a growing environmental awareness, there has been in recent years to a continuous development of the environmental criminal law, towards a wider protection of legal environmental goods and a worsening of the frames. To some extent, our criminal legal order has been influenced by the existing model in Germany, especially after the approval of the environmental protection act of 1980, and the second law to combat environmental crime, of 1 November 1994. 2. On the other hand, the administrative law has intensified its action, extending their field of action to all areas of economic activity. Such record there is, consequently, also within the environment. 3. There is currently no, never existed, a legal regime for administrative offences. Thus has to resort to the General system of administrative offences, approved by Decree-Law No. 433/82 of 27 October and amended by Decree-Law No. 356/89 of 17 October, by Decree-Law No. 244/95 of 14 September, by Decree-Law No. 323/2001, of 17 December, and by law No. 109/2001, 24 December, and that it was not thought to concrete problems contra-ordenacionais resolution in the environmental area which require very own solutions. 4. The project has thus aim to establish the framework of law against environmental offences, taking into account the specificity of this matter-taking the example of what's happening in other areas of economic activity, as the technical domain, air or the securities market – an initiative to be accompanied by a strengthening of the supervisory activity of the administration. 5. the abovementioned framework law intends to discipline in a systematic way the various matters that a scheme of this scope must embrace, framed by solid and doctrinally accepted principles, as well as submit a manuscript to the processes of environmental ordering against adapted to its specificity. 2 6. Of the pleading now proposed deserve special highlight some important matters. So, set new values for the fines to be applied in the context of environmental offences, responding to the downgrade of the amounts of the fines referred to in article 17 of the General system of administrative offences now in force. According to recent and successful experiences of General Schemes of administrative offences sectors, supported by important contributions dogmatic, the environmental offences are classified as ' light ', ' serious ' and ' very serious '. Administrative liability of legal persons is now established in a precise way, following closely the modern dogmatic developments in this matter. Want the precautionary measures and the sanctions are now established with the proper development and designed specifically for environmental matters. All the system of notifications of alleged infringement process is disciplined now in order to avoid delaying tactics or minimize its use on the part of the accused, in order to counteract the current files that they normally use. We decided to integrate in this diploma a basic provision on environmental administrative embargos which were dispersed by several degrees. Establishes, for the first time, a national registry that allows offering a full knowledge, at national level, of all offenders. Great importance and meaning is the establishment, now proposed, environmental intervention fund which allows, through the revenue is paid from a percentage of the proceeds of fines imposed, tackle severe environmental situations which by its size and by the financial burden that its termination and repair involved has any administrative authority to make impossible in accordance , thus almost always irreparably damaged goods and resources necessary to both the Man and the Nature. 7. approval of the proposal allows you to change all the environmental issues, adapting and conforming with the new requirements, as well as serve as a normative standard for the new diplomas in environmental matters that will be produced. 8. Was triggered the hearing of the National Association of Portuguese municipalities and heard the National Commission of data protection.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 3 article 1 Law framework of environmental offences is approved the law framework of environmental offences, in the annex to this law.
Article 2 entry into force this law shall enter into force 30 days after the date of its publication.
Seen and approved by the Council of Ministers of 23 June 2005 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 4 ANNEX LAW FRAMEWORK of administrative offences PART I of ENVIRONMENTAL administrative offense and the fine Title I of article 1 Scope 1 environmental infraction-this decree-law lays down the arrangements applicable to environmental offenses. 2-Is the whole environmental infraction that illicit and objectionable that fill a type corresponding to the violation of legal and regulatory provisions regarding the environment that must allocate rights or impose duties, for which a fine comine. 3-for the purposes of the preceding paragraph, environmental laws and regulations all that relates to natural and human environmental components as listed in the framework law on the environment.
Article 2 The Scheme environmental offences are governed by the provisions of this law and, in the alternative, by the general scheme of the contravention.
Article 3 principle of legality is only punished as environmental infraction the fact described and declared punishable by fine by law prior to the time of its practice.
Article 4 Application in time 5 1-the punishment of environmental infraction is determined by the law in force at the time of practice of fact or filling of the assumptions that depends on. 2-If the law in force at the time of the practice that is subsequently modified, the law more favourable to the defendant, unless this has already been convicted by a final decision or final. 3-When the real law for a certain period of time, continues to be punishable as a misdemeanour the environmental fact practiced during this period.
Article 5 Application in space Saved Treaty or International Convention to the contrary, this decree-law applies to the facts charged: a) In Portuguese territory, regardless of the nationality or the headquarters of the agent; b) in aircraft, trains and Portuguese ships.
Article 6 time of practice of the fact shall be deemed to practised at the time the agent acted or, in the case of omission, should have acted, regardless of the time the typical result has produced.
Article 7 Place the practice of the fact shall be deemed to have been practiced in the place where, in whole or in part and in any form of reimbursement, the agent acted or, in the case of omission, should have acted, as well as that in the typical result has produced.
Article 8 responsibility for breaches 1-fines may be applied to legal persons, irrespective of the regularity of its Constitution, as well as to companies and associations without legal personality. 6 2-legal persons and entities that are considered in the preceding paragraph are responsible for administrative offences provided for in this decree-law when the facts have been practiced, in the exercise of their activity, on their behalf or for their account, by the holders of their social organs, agents, representatives or employees. 3-the members of the Board of Directors of legal persons and similar entities, as well as those responsible for the management or monitoring of areas of activity in which it is practiced any administrative offense, incur the penalty provided for the author, especially toned, when, knowing or should know the practice of infringement, not to adopt appropriate measures to put an end immediately, unless more severe sanction they fit under another legal provision. 4-the provisions of the preceding paragraph shall cease if the legal person prove that met all obligations that was not addressed, nevertheless manage to prevent the practice of infringement on the part of their servants or agents without powers of representation.
Article 9 1 Punishable by intent and negligence-The Contraventions are punishable as wilful misconduct or negligence. 2-the negligence in environmental offenses is always punishable. 3-the error about elements of type on the prohibition or on a State of affairs that exists, would remove the unlawfulness of the fact or the agent's fault, deletes the intent.
Article 10 of the Punishable attempt attempt is punishable offences classified as serious in and very serious, and the minimum and maximum limits of the respective fines reduced to half.
Article 11 Liability caring 1-When the offences are also attributable to legal persons or similar entities, these respond jointly and severally liable for the payment of fines, costs or other charge associated with the sanctions applied in the case of an administrative offence 7 which are the responsibility of the individual agents mentioned in the same precept. 2-If the agent is a legal person or equivalent, are responsible for payment of the fine, jointly and severally with this, their administrators, managers or directors.
Article 12 error about the unlawfulness 1-Acts without guilt who acts without awareness of the unlawfulness of the fact that, if the error it is not objectionable. 2-If the error is objectionable, the fine can be specially mitigated.
Article 13 Could on grounds of age For the purposes of this diploma, inimputáveis children under 16 years.
Article 14 Could in reason of psychic anomaly 1-is no-brainer who, by virtue of a psychic anomaly, is unable, in the time of practice of fact to assess the unlawfulness of this or if determined in accordance with that assessment. 2-Can be declared incompetent to stand trial who, by virtue of a serious non-accidental psychic anomaly and whose effects dominate, without can be censored, has, at the time of that practice, the ability to evaluate the unlawfulness of this or to determine in accordance with this evaluation substantially decreased. 3-the imputability is not deleted when the psychic anomaly has been caused by the agent with intent to practice.
Article 15 Authorship is punishable as an author who run the fact, by itself or through third parties, or take a direct part in its execution, by agreement or together with another or others, and 8 still who, intentionally, determine another person to practice the fact that, since there is no implementation or beginning of execution.
Article 16 1-Complicity is punishable as an accomplice who, intentionally and in any form, material or moral assistance to the practice by others of a fact in the first degree. 2-is applicable to accomplice the penalty fixed for the author, especially toned down.
Article 17 1 Contribution-If several comparticiparam agents in fact any of them incurs liability for environmental infraction even though the wrongfulness or the degree of unlawfulness of fact rely on certain qualities or special agent relations and these only exist in one of the comparticipantes. 2-Each comparticipante is punished according to his fault, regardless of the punishment or the degree of guilt of the other comparticipantes.
Title II of the right of access and of article 18 administrative embargoes access Law 1-the staff of the administrative authorities in the exercise of its functions, supervisory or inspectivas surveillance is provided free entry in the establishments and places where they engaged in the activities to be inspected. 2-responsible for the spaces referred to in the preceding paragraph are required to provide the entry and the stay the staff referred to in the preceding paragraph and to introduce the documentation, books, records and any other elements required to them, as well as to provide them with the information requested. 3-In case of refusal or obstruction of inspection, supervision or surveillance may be requested the collaboration of the police forces to remove such obstruction and ensure security and inspection instruments. 9 4-the provisions of this article shall apply to other spaces allocated to pursue activities inspected, including motor vehicles, aircraft, trains and ships.
Article 19 administrative Embargoes 1-administrative authorities in the exercise of its powers of surveillance, monitoring or inspection may determine, within their geographical area of action, the ban of any buildings in occupancy areas prohibited or conditioned in protected areas established by law or in contravention of the law, regulations or the conditions of the permit or authorization. 2-the administrative authorities may for the purposes of the previous article to consult fully and unreservedly with the Municipalities the procedures relating to the buildings concerned, as well as their own request copies that must urgently be made available for those.
Title III of the fines and additional sanctions chapter I of the sanction applicable article 20 determination of applicable sanction 1-the determination of the fine and penalties do according to awareness of the fact that, of the guilt of the agent, the benefits obtained with the practice of the fact, the economic situation of the agent and of the seriousness of the offence. 2-in determining the unlawfulness and guilt of legal persons and entities regarded as meets, amongst others, the following circumstances: a) to danger or damage caused; b) To occasional or repeated the offence; c) the existence of acts of concealment or dissimulation in order to impede the discovery of the offence; 10 d) the existence of the agent acts intended to, at its option, repair the damage or prevent the dangers caused by the infringement. 3-in determining the unlawfulness and guilt of individuals, account shall be taken, in addition to those referred to in paragraph 1, the following circumstances: the) level of responsibility, scope of functions and sphere of action in the legal person concerned; b) intention to obtain, for themselves or for others, an illegitimate benefit or harm; c) Special duty not to commit the offence. 4-in determining the applicable sanction is taken into account the previous conduct of the agent and the requirements of prevention. 5-Are still cogent coercion, counterfeiting, false declarations, simulation or other fraudulent means used by the agent.
Chapter II Fines article 21 classification of misdemeanors For determination of the fine applicable and having regard to the relevance of rights and interests violated, the Contraventions are classified in light, serious and very serious.
Article 22 Amounts of fines 1-every step of their own (boraginales) severity of environmental offences corresponds a fine varies according to be applied to a natural or legal person and according to the degree of fault, except as provided in the following article. 2-light offences correspond the following fines: a) If committed by natural persons, € 500 to € 2500 in case of negligence and from € 1500 to € 5000 in case of fraud; b) If committed by a legal person, of € 9000 € 13000 in case of negligence and of € 16000 € 22500 in case of fraud. 3-To serious offences correspond to the following fines: 11 a) If committed by natural persons, € 12500 16000 € in case of negligence and 17500 € 22500 euros in case of fraud; b) If committed by a legal person, of € 25000 to 34000 € in case of negligence and 42000 € 48000 € in case of fraud. 4-The very serious offences correspond to the following fines: a) If committed by natural persons, € 25000 to 30000 € in case of negligence and of € € 37500 32000 in case of fraud; b) If committed by a legal person, € 60000 to 70000 euros in case of negligence and of € 500000 € 2500000 in case of fraud.
Article 23 special Criteria to measure the fine fine frame in very serious offences laid down in (a)) and (b)) of paragraph 4 of article 22 is raised to twice the minimum and maximum limit when the presence or issuance of one or more dangerous substances affect severely the health, the safety of persons and goods and the environment.
Article 24 fulfilment of omitted obligations where the environmental infraction consists of the omission of a duty, the payment of the fine does not relieve the offender compliance if this is still possible.
Article 25 administrative authority Orders 1-Constitutes a serious infraction the breach of orders or legitimate administrative authority warrants transmitted in writing to their recipients. 2, verified the non-compliance referred to in the preceding paragraph, the administrative authority to notify the recipient to fulfill the order or warrant and that still does not meet, is applicable to fine corresponding to very serious offences, provided that the notification of the administrative authority contains the express indication that the failure to apply this penalty. 12 3-documents, including maps, transport guides, reports and bulletins that the agent or defendant is obliged to send by law or the request of the management authority are taken as not sent when omit data or are sent incorrectly. 4-the infringement of the provisions of the preceding paragraph constitutes an administrative offence, punishable by fine of € 1000 to € 1500, to the natural and high twice for legal persons.
Article 26 Recidivism 1-is punished as a repeat offender who commits a serious offence committed with intent or a very serious infringement, after having been convicted of another serious offence committed with intent or very serious infringement. 2-the offence for which the agent has been convicted is not for the purposes of recidivism between the two offences has elapsed the limitation period. 3-In case of recidivism, the minimum and maximum limits of the fine are high in a third of their value.
Article 27 administrative offences 1 contest-Who has practiced several environmental offences is punishable by a fine whose upper limit is the result of the sum of the fines specifically applied to infringements in contest. 2-the fine may not exceed twice the highest ceiling of environmental offences in contest. 3-the fine to be applied cannot be lower than the highest fines specifically applied to various contraventions.
Article 28 Contest of the same offences that constitute a crime and a misdemeanour simultaneously, the accused punished as a crime, without prejudice to the application of penalties laid down for the alleged infringement.
13 Chapter III penalties article 29 Procedure 1-the law may, simultaneously with the fine, determine, in relation to serious infringements and very serious, the application of penalties laid down in the following articles and the general scheme of the contravention. 2-the law determines the cases in which the practice of serious infringements and very serious is published. 3-advertising of the conviction referred to in paragraph 1 may consist in the publication of an extract with the characterization of the offence and the norm violated, the identification of the offender and the sanction applied:) in a national daily newspaper and on a local or regional periodical publication, the seat of the offender, at the expense of this; (b)) in the second series of the Diário da República, on the last working day of each quarter, in relation to offenders convicted in the previous quarter, at the expense of these. 4-The publications referred to in the preceding paragraph are promoted by the competent court, in relation to offences subject to judicial decision, and by the management authority, in all other cases.
Article 30 penalties 1-for committing infringements provided for in this decree can be applied to the offender the following ancillary penalties: a) seizure and confiscation in favour of the State of the objects, belonging to the defendant, used or produced at the time of the offence; 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 to benefits or subsidies granted by entities or public national or community services; d) Deprivation of the right to participate in conferences, fairs or national or international markets to trade or give publicity to their products or their activities; 14 e) deprivation of right to participate in arrematações or tenders which have as their object the enterprise or public works concession, the acquisition 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) termination or suspension of licences, permits or authorizations related to the exercise of their activity; h) loss of tax benefits, benefits of credit and financing lines of credit that there is effective; I) Sealing of equipment intended for processing; j) Imposition of measures deemed appropriate for the prevention of environmental damage, the situation before the infringement replacement and to minimize the effects of the same. 2-in the case of being applied the sanction provided for in (c)) and h) of the preceding paragraph shall communicate administrative authority to the entity that assigns the benefit or allowance in view of the suspension of the remaining portions of the same. 3-in the case of the receipt by the offender of all or part of the benefit or allowance may be ordered to return it. 4-The sanctions referred to in paragraph 1 (b)) j) of paragraph 1 have a maximum duration of three years, counting from the date of final judgment. 5-When there is obstruction of the implementation of the measures provided for in points (a) to (f)), i) and j) of paragraph 1 of this article, may also be sought from competent authorities notification of distributors of electrical energy to discontinue the supply of this.
Article 31 assumptions of application of penalties 1-the sanction referred to in subparagraph (a)) of paragraph 1 of the preceding article may only be enacted when the objects have served or were destined to serve for an administrative offense, or for this were produced. 2-the sanction provided for in subparagraph (b)) of paragraph 1 of the preceding article may only be ordered if the defendant practiced a misdemeanour in the Act and serious abuse of the function that performs or with manifest and serious violation of the duties inherent. 15 3-the sanction provided for in subparagraph (c)) paragraph 1 of the preceding article may only be enacted when the offense has been committed in the exercise or because the activity in favour of which the grant is awarded. 4-the sanction provided for in point (d)) of paragraph 1 of the preceding article may only be enacted when the offense was committed during or because of participation in Conference, fair or market. 5-the sanction provided for in subparagraph (e)) of paragraph 1 of the preceding article may only be enacted when the offense was committed during or because of public acts, or in the exercise or because of the activities referred to in that subparagraph. 6-the sanction provided for in points (a) to (f)) and g) of paragraph 1 of the preceding article may only be enacted when the offense was committed in the exercise or because of the activity referred to in the authorisations, licences or permits, or because of the operation of the establishment. 7-the sanction referred to in paragraph h) of paragraph 1 of the preceding article may only be enacted when the offense has been committed in the exercise or because the activity in favour of what is assigned the benefit or funding, and these have been assigned directly or indirectly by the State or come to the European Union. 8-the sanction provided for in subparagraph (i)) of paragraph 1 of the preceding article may only be enacted when the offense has been practiced through the equipment concerned or with the contest.
Article 32 Prohibition and inhibition of 1-activities Can be applied to account for any offense to temporarily ban, up to a maximum of three years, the practice of the profession or activity to which the alleged infringement. 2-the sanction provided for in this article may only be ordered if the defendant practiced against-red-handed and serious abuse of the function that performs or with manifest and serious violation of the duties inherent.
Article 33 loss of 16 1-objects can be declared lost objects which served or were designed to serve for an environmental infraction, or as a result of this were produced, when such objects represent, by their nature or by the circumstances of the case, serious danger to the health, the safety of persons and goods and the environment or there is serious risk of its use to the Commission of a crime or another offense. 2-unless the contrary result of this diploma, or general system of administrative offences, are applicable to the loss of objects the rules on penalty of loss of accessory objects.
Article 34 loss of value when, due to intentional action of the agent, has become unenforceable in whole or in part the loss of objects that, at the time of practice of fact, belong, can be declared forfeit a sum of money corresponding to the value of those.
Article 35 effects of loss the finality or transit in trial of the confiscation order determines the transfer of ownership to the State.
Article 36 fine independent Loss the loss of objects or their value can take place even though there may be no proceedings against the agent or not fined.
Article 37 Objects belonging to third loss of objects belonging to third can only take place: a) When their holders have competed, with guilt, for their use or production, or of the fact that they have taken advantages; or (b)) When the objects are, by any title, acquired after the fact, knowing the purchasers the provenance.
17 article 38 suspension of sanction 1-the management authority which has granted the application of sanction may suspend all or part of his execution. 2-the suspension may be conditional on the fulfilment of certain obligations, in particular those considered necessary for the regularization of illegal situations, the repair of damages or the prevention of dangers to the health, safety and environment. 3-the time of suspension of the penalty shall be between one and three years, counting his start from the date on which the term of judicial review of the judgment. 4-suspension timing elapses without the defendant have practiced any against-environmental ordering, and without that you violated the obligations have been imposed, is condemnation without effect, and, in the opposite case, the execution of the penalty imposed.
Title IV of the prescription
Article 39 1 Prescription-the procedure for serious and very serious offences prescribes as soon as on the practice of the administrative offense there is within five years. 2-the procedure for minor offences prescribes as soon as on the practice of the administrative offense there is within three years. 3-the term of prescription of sanctions told the day that becomes final or transit the judgment is: the) three years, in the case of serious or very serious offences and (b)) Two years in the case of minor offences.
Part II of a misdemeanour procedure title I 18 Of precautionary measures article 40 Determination of the precautionary measures 1-When necessary for the procedure or when health are concerned, the safety of persons and goods and the environment, the administrative authority may determine one or more of the following measures: Suspension of operation or) closure preventive in whole or in part of the polluting unit; b) notification of the defendant to cease the activities carried out in violation of the environmental components; c) any suspension or some activities or functions performed by the defendant; d) Placing the working conditions necessary for compliance with environmental legislation; and Sealing equipment for certain) time; f) technical recommendations to implement mandatory when is concerned the improvement of the environmental conditions of operation; g) Imposition of measures deemed appropriate for the prevention of environmental damage, the situation before the infringement replacement and to minimize the effects of the same. 2-the determination referred to in the preceding paragraph exists, as appropriate: a) until its repeal by the administrative authority or by a court decision; b) until the beginning of the fulfillment of accessory sanction of equivalent effect as provided for in article 30 of this law; c) until the onset of administrative or judicial decision that don't condemn the defendant the accessory sanction provided for in article 30, when it has been decreed precautionary measure having equivalent effect; d) until the instruction deadline being exceeded established by article 47. 3-When there is obstruction to the implementation of the measures provided for in paragraph 1 of this article, may be requested by the administrative authority to the distributors of electricity supply interruption of this the defendants for that. 19 4-the determination of the suspension and of the preventive closure referred to in paragraph 1 may be subject to publication by the administrative authority and the expense of publication borne by the offender. 5-When, pursuant to paragraph 1), is determined the total suspension of activities or functions performed by the defendant and this will be condemned, in the same process, in accessory sanction consisting of interdiction or inhibition of the exercise of the same activities or functions, are settled in full in compliance with accessory sanction the duration of preventive suspension.
Precautionary Seizure article 41 1-the law may determine the provisional seizure by the administrative authority, in accordance with this law and the general scheme of offences, in particular of the following goods and documents: the Equipment intended for processing); b) licenses, certificates, permits, approvals, and replacement guides or other similar documents; c) Animals or plants protected species illegally held by natural or legal persons. 2-in the case of seizure in accordance with subparagraph (a)) of the preceding paragraph, can its owner, or who represents it, be designated fiduciary, with the obligation not to use the assets seized provisionally, under penalty of crime of qualified disobedience.
Title II of chapter I Procedure article 42 1 Notifications Notifications-notifications in a misdemeanour procedure shall be made by registered letter with acknowledgement of receipt, where the defendant can practice against-20 ordination, of the decision apply fine, penalty or accessory any injunctive relief, as well as the call for this watch or participate in acts or due diligence. 2-notifications are addressed to the registered office or to the address of the recipients. 3-in the case of the acknowledgement of receipt be returned or you don't come signed by the recipient if you have declined to receive it or not raised within the time limit laid down in the regulation of postal services, the notification is carried out in 15 days following the return for new registered letter with acknowledgement of receipt, assuming that was the document if the letter has not been returned or raised on the day of the registration of the second postal shipping. 4-the notifications referred to in the preceding paragraphs may be made by fax or via e-mail, whenever there is knowledge of the fax or the e-mail address of the notifying and when the authenticity of these procedures can be guaranteed under the law. 5-when notification is made by fax or via electronic mail, it is assumed that it was made on the date of issuance, serving as proof, respectively, a copy of the notice where the record a statement to the effect that the message was received successfully, as well as the date, time, and fax number of the recipient or the extract from the message, which is close to the record. 6-the order that orders the notification may be printed and signed by seal. 7-Constitutes notification receipt by the person concerned of the minutes or the Act's seat to watch. 8-notifications made by simple registered letter shall be deemed made on the third day subsequent to the registration or on the first business day following that, when that day would not be useful. 9-going on acknowledgement of receipt, the notification shall be deemed to have been effected on the date on which it is signed. 10-the notification shall be deemed made in his own person the notifying when the acknowledgement of receipt has been signed by a third party present at the head office or residence of the recipient, identified by the distributor of the postal service, which annotates the elements contained in the identity card or other official document that permits the identification, under the warning that non-delivery to notify as soon as possible , does incur liability in terms similar to those of vexatious litigation. 21 11-whenever the notification is carried out in diverse person notifying, is still sent, within five working days, the registered letter notifying him the content of the notification, the date and the manner in which the Act is considered done and the identity of the person on whom the notice was held. 12-stakeholders involved in any contra-ordenacionais procedures on administrative supervisory authorities or environmental inspection shall send, within 10 working days, any change of its registered office or domicile. 13-the lack of receipt of any notice or communication, due to failure to comply with the provisions of the preceding paragraph, is not enforceable against administrative authorities, producing all legal effects, without prejudice that has, with regard to the obligation of notification and terms by which must be carried out.
Article 43 notifications to agent 1-notifications to the defendant that has constituted representative are made on this person and his professional domicile. 2-when notification has a view to the convening of witnesses or experts, in addition to the notification of these is even notified the authorized representative indicating the date, the place and the reason for the show. 3-the notifications referred to in the preceding paragraph are made by registered letter. 4-the notifications referred to in the preceding paragraphs shall apply the provisions of paragraphs 3, 4 and 5 of the preceding article.
Chapter II article 44 Auto Processing of news or participation-1 the administrative authority raises its auto news when, in the performance of their duties, verify or prove, even for immediate form, any infringement of the standards referred to in article 1, which serves as proof of the occurrence. 22 2-with regard to the offences of administrative nature whose administrative authority verification has not proven personally, it must draw up an educated participation with the evidence available.
Article 45 auto news elements and participation 1-auto news or the participation referred to in the previous article mention specifically: a) the facts which constitute the offence; (b)) the day, time, location and circumstances in which the offence was committed or detected; c) in the case of the offence be committed by a natural person, the elements of identification of the offender and of their residence; d) in the case of the offence be committed by a legal person or equated, their identification elements, including its headquarters, identification and residence of the respective managers, administrators and directors; and) identification and residence of witnesses; f) Name, category and autuante signature or participant. 2-entities that do not have jurisdiction to proceed with the arraignment of alleged infringement must mail the auto news or participation within ten working days to the competent administrative authority.
Article 46 administrative authorities Identifying the competent administrative authorities may require an agent against-its identification under penalty of crime of disobedience.
Article 47 1-autuante Statement or participant can't exercise to use its functions in the same process. 2-the deadline for the statement is 180 days. 23 3-If the instruction cannot be completed within the period indicated in the preceding paragraph, the administrative authority may, on a proposal based on the instructor, extend the time limit for a period up to 120 days.
Article 48 right to hearing and the accused's defence 1-auto news, after confirmed by the administrative authority and before the final decision is taken, is notified to the offender in conjunction with all the elements necessary for it to meet all of the relevant aspects to the decision, in the matters of fact and law, as well as the likely direction that , for within the time limit fixed by the administrative authority, at least ten working days, to comment in writing on what you offer for convenient. 2-in the same period must, present, written answers, join the evidentiary documents in its possession and call witnesses, up to a maximum of two for each fact in a total of seven. 3-the following shall be considered as not written the names of the witnesses on the list exceed the legal number.
Article 49 Appearance of witnesses and experts 1-witnesses and experts are to be heard at the headquarters or in a delegation of administrative authority where they perform the procedure. 2-witnesses can be heard by the police authority who raised the auto news or participate, at your request or at the request of the administrative authority. 3-If for any reason the police authority cannot hear the witnesses, these must be heard by the competent administrative authority for the arraignment. 4-the witnesses and experts that do not appear on the day, time and place appointed for the stage of the process, nor justify the absence on the day or within five working days, is applied by the administrative authority a financial penalty up to 5 UC's. 24 5-in the case where the witnesses and the experts do not attend a second summons, having missed the first, the financial penalty to be applied by the administrative authority, can vary between 5 and 10 UC's. 6-payment is made within 10 working days of notification, under penalty of the execution, serving the enforcement notification made by the administrative authority.
Article 50 the absence of the accused, of the witnesses and experts the lack of appearance of the accused, of the witnesses and experts duly notified does not prevent the process of administrative offense follow their terms.
Article 51 the case back to the Prosecutor's Office 1-Received the judicial review should the management authority send the case back to the Prosecutor within 20 working days, which makes present to the judge for this act as prosecution. 2-at the time of sending the file can add claims administrative authority. 3-to the sending of the file, the administrative authority may revoke, in whole or in part, the decision to apply the fine, or accessory sanction. 4-Notwithstanding the provisions of article 70 of Decree-Law No. 433/82 of 27 October, the administrative authority may add other elements or information you feel is relevant to the decision of the case, as well as offering evidence. 5-the withdrawal of the indictment by the Public Ministry depends on the agreement of the administrative authority.
Article 52 Interest at the end of the judicial process to meet the challenge or the execution of the judgment in the counter ordering, and if it has been totally or partially upheld by the Court, in addition to the amount of the fine in debt interest counted since the date of notification of the decision by the administrative authority to the defendant, the maximum rate established in the tax law.
25 article 53 voluntary payment of the fine 1-for light and serious offences, as well as very serious offences committed with negligence, the defendant may proceed to the voluntary payment of the fine within 10 working days, except in cases where there is no cessation of the unlawful activity. 2-If the offence consists in the lack of delivery of documents or the omission of mandatory communications, the voluntary payment of the fine is only possible if the defendant to remedy the failure within the same period. 3-Out of cases of recurrence, in the voluntary payment, the fine is settled by the minimum value that matches the type of offence committed. 4-the voluntary payment of the fine is equivalent to condemnation, without excluding the possibility of applying additional sanctions. 5-the voluntary payment of the fine is permissible at any time in the process, but always before the decision.
Article 54 participation of administrative authorities-1 the Court communicates to the management authority the court date for wanting this to be able to participate at the hearing. 2-the court notifies the administrative authorities for these bring to the audience the elements deemed convenient for a correct decision of the case. 3-the Court must inform the administrative authority decided the process the orders, the sentence, as well as other final decisions.
Title III Procedure article 55 1 accelerated Process accelerated when the reduced gravity of the offence and the guilt of the warrant agent, can the management authority in cases of offences classified as light, and before formally accuse the defendant, communicate the decision to apply a sanction. 26 2-Can still be given to the accused to take the legally required behavior, within the administrative authority attach to the effect. 3-the decision referred to in paragraph 1 is written and contains the identification of the accused, the summary description of the facts complained of, the legal provisions violated and ends with the admonition or the indication of the fine concretely applied. 4-the accused is notified of the decision and informed that it has the right to refuse, within five working days, and the result referred to in the following paragraph. 5-refusal or the silence of the accused within that period, the application of any diligence complement, non-compliance with the provisions of paragraph 2 or the non-payment of the fine within 10 working days after the notification referred to in paragraph 1 shall determine the immediate continuation of the process of ordering, getting off the decision referred to in paragraphs 1 to 3. 6-Having the defendant granted the fulfilment of the provisions of paragraph 2 and to the payment of the fine has been applied, the decision becomes final, as judgment and the fact that return to be enjoyed as a misdemeanour. 7-the judgment in the accelerated, according to the established in the preceding paragraphs, implies the loss of legitimacy of the accused to appeal against that.
Title IV article 56 general principles 1 Costs-the costs of proceedings shall revert to the administrative authority which imposed the sanction. 2-If otherwise not result of this Act, the costs in a misdemeanour procedure shall be governed by the precepts of regulators in prosecution costs. 3-the decisions of administrative authorities that decide on matters of procedure shall fix the amount of costs and determine who should stand. 4-the process of administrative offense to run administrative authorities gives way to payment of the fee, not the prosecution. 5-the suspension of the penalty provided for in article 38 of this law does not cover the costs. 27 Article 57 1-Charges costs comprise, in particular, the following charges: a) the cost of transportation and subsistence allowance; b) reimbursement for postage, telephone calls, fax, Telegraph and telematics; c) the fees payable to experts; d) transportation and storage of seized goods; and) payment due to any entity at cost of birth certificates, or other evidence and information elements. f) reimbursement with the acquisition of photographic, magnetic brackets and audio, necessary for the taking of evidence. g) examinations, analyses, reports, or other actions that the administrative authority has carried out or order carry out on due to the inspection which led to the alleged infringement. 2-the costs are borne by the defendant in the event of the imposition of a fine, sanction or injunction, accessory and of withdrawal or rejection of the impeachment. 3-in other cases the costs are borne by the public purse.
Article 58 judicial review of costs 1-the defendant may, in general terms, to challenge in court the decision of the administrative authority relating to the expense, and the impeachment be presented within 10 working days, from the knowledge of the decision to challenge. 2-the decision of the Court of first instance there is only an appeal to the Court of appeal where the amount exceeds the jurisdiction of that Court.
Article 59 running costs 1-expiry of payment of costs without achieving the administrative authority sends in 20 business days following the case back to the Prosecutors for introducing the relevant executive action. 2-Executive titles are considered the expense passed by the administrative authority. 28 3-the value of the expense on debt accruing interest at the maximum rate established in tax law from the date of notification by the administrative authority.
Article 60 Limitation of credit costs the credit costs prescribes within 5 years.
PART III national registry
Article 61 Principles the registration must be carried out in strict compliance with the principles of legality, accuracy and security of information collected.
Article 62 1 Object-the national registry for the registration and treatment of the main and accessory penalties, as well as the protective measures applied in the process of ordering, and of judicial decisions relating to those processes, after transit. 2-are still subject to registration suspension, the extension of the suspension and revocation of decisions made in a misdemeanour procedure. 3-the national registry is organized into central computerised file, and should contain: a his) identification of entity that delivered the judgment; b) identification of the defendant; c) the date and form of the decision; d) the content of the decision and the precepts applied; e) the payment of the fine and the costs of the proceedings; f) any execution of the fine and the costs of the proceedings.
Article 63 Entity responsible for national register 29 1-the General Inspectorate of the environment and spatial planning is the body responsible for the national register. 2-the General Inspectorate of the environment and regional planning information and ensure the right of access to data by their holders, the correction of data, as well as ensure the legality of the query or the communication of information. 3-Can still access the data contained in the register: a) The judicial magistrates and the public prosecutor for criminal investigation purposes and education of criminal prosecutions; b) entities which, under the criminal procedure law, receive delegation for the practice of acts of investigation or instruction; c) officials for the pursuit of public purposes.
Article 64 1-individual Registration the administrative authority must arrange an individual record of the subjects responsible for environmental offences, which must bear the precautionary measures and the main and accessory penalties applied in cases of ordination. 2-the records made by the administrative authority can be integrated and processed in computer applications, in accordance with the limits of the law on protection of personal data. 3-the data contained in the records provided for in the previous paragraph, as well as the information contained in document support, may be publicly disclosed in cases of very serious offences and serious offences involving recidivism.
Article 65 sending data All the administrative authorities are obliged to send to the General Inspectorate of the environment and spatial planning in relation to processes of ordering for you decided, within 30 working days, where information entered in the data referred to in paragraph 3 of article 62.
30 article 66 1-environmental register certificate all the entities that can access the data in the register should make your application with the General Inspectorate of the environment and regional planning that for the effect issuing the certificate of registration where all environmental information in accordance with article 62. 2-Except for the subjects covered by subparagraph (a)) of paragraph 3 of article 63, for issuing certificate of environmental record is due a fee whose amount shall be fixed and revised every year by order of the Minister to protect the General Inspectorate of the environment and regional planning.
Article 67 final Cancellation are canceled automatically and irrevocably in the environmental register all data: a) at presence more than five years concerning serious infringements and very serious; b) at presence more than three years relating to offences.
PART IV Environmental Intervention Fund article 68 1-Creation is created the Environmental Intervention Fund, hereinafter referred to as the background. 2-the Fund rules shall be established by law, to be approved within 120 days.
Article 69 Objectives the Fund collects part of the proceeds of fines imposed, in accordance with the procedure set out in article 72, which is intended to prevent and repair damage caused by activities detrimental to the environment, particularly in cases where those responsible could not pay in a timely manner. 31 part V final provisions article 70 jurisdiction of the Inspector-General for the environment and regional planning 1-Without prejudice to the competence assigned by law to any administrative authority for the establishment and decision processes of an administrative offence, the Inspector-General for the environment and regional planning is always competent for the same purposes in respect of those processes. 2-the Inspector-General for the environment and regional planning is still responsible for the establishment and decision of a misdemeanour procedures which albeit illicit wider scope frame environmental components. 3-the Minister responsible for the area of the environment can determine, whenever the public interest justifies it, the Inspector-General for the environment and regional planning avoque environmental infraction procedures that are under way in any services of the Ministry concerned. 4-the subject, provided for in the preceding paragraph implies the transfer of the case to the General Inspectorate of the environment and spatial planning for the purpose of instruction and decision, without prejudice to the duty of cooperation continues to focus on the service initially.
Article 71 Update of the fines The minimum and maximum amounts of the fines established in this diploma shall be updated annually by Ordinance and the updated value exceed the value of the inflation verified in the previous year.
Article 72. Destination of fines 1-regardless of the stage at which has become final or the judgment we pass judgment, the proceeds of fines imposed under this law shall be divided as follows: 50% to the bottom) of Environmental Intervention; 32 (b)) 25% for the authority to apply; c) 15% for the autuante entity; d) 10% for the State. 2-until he comes into force the decree-law referred to in paragraph 2 of article 68 the fines Fund continues to be attributable to State revenue.
Article 73 Administrative Authority for the purposes of this decree-law shall be considered administrative authority any body who compete legally initiation, instruction and or the application of penalties of an administrative offence proceedings in environmental matters.
Reformatio in pejus article 74 shall not apply to alleged infringement procedures initiated and decided under this law the prohibition on reformatio in pejus, and this information appear on all the final decisions to admit contestation or appeal.
Article 75 of the system of Safeguards breaches within the marine environment this law shall be without prejudice to the system of administrative offences under the pollution of the marine environment in the maritime spaces under national jurisdiction, approved by Decree-Law No. 235/2000 of 26 September.
Article 76 transitional provision the provisions of this law concerning penalties and their values are applicable only from the date of publication of diploma, changing current legislation on environmental matters, the classification of offences there typified.
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