Twenty-Third Amendment To The Criminal Code, Approved By Decree-Law No. 400/82, Of 23 September.

Original Language Title: Vigésima terceira alteração ao Código Penal, aprovado pelo Decreto-Lei n.º 400/82, de 23 de Setembro.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427162444d314d7931594c6d527659773d3d&fich=pjl353-X.doc&Inline=false

1 Group draft law No. 353/X Amends the Penal Code explanatory memorandum: the last legislatures to Justice has been variously identified as a priority in terms of reform, in particular the criminal justice. In this context, in the 9th parliamentary term began the work of reform of the Penal Code and the code of criminal procedure, with a comprehensive set of hearings to professionals of the Forum, their representative bodies, several law professors, as well as a series of organisms related to criminal justice issues. In addition to these hearings, the Final report of the Commission to study and Debate the reform of the prison system also contains reflections and conclusions that cannot fail to be taken into account. The left Bloc believes that in the face of all the acquis already acquired is necessary to move on to the next stage, the presentation and discussion of the proposals and projects that reflect these conclusions in any way. Thus, the left bloc presents this draft law amending the Penal Code. Under the suspension of the execution of prison sentence, proposed amendments designed to allow the same can be applied to imprisonment up to 5 years, extending thereby the possibility of applying this measure that currently only possible with regard to imprisonment up to 3 years. It is proposed to extend the possibility of application of the community work of until 1 year prison sentences to imprisonment up to 3 years, finalized the form of calculation of hours of work and removing the discretion in any discount in working time provided in the time of imprisonment. 2 proposed changes to the parole system so that the same be granted maxime after completion of two-thirds of the sentence and not the current five-sixths. As to the waiver of penalty, it is proposed to extend the scope of your imprisonment up to six months for prison sentences up to 12 months, checked all the conditions there laid down. Proposed changes as for relatively indeterminate penalty ceilings, so that the same can not exceed the upper limit of the sentence, since it already carries in itself a painfulness. With regard to the right to complaint proposes only a precision, putting the pair of spouses the people who live in de facto Union, Yes, and since the article has implied a certain succession, doesn't it make sense that these people appear aware of the brothers and nephews of the victim and not the spouse and descendants. This includes, in the context of murder, between the behaviors which may reveal special reprehensibility or perversity, beyond the racial hatred, political or religious, homophobic hatred. Sets-if domestic violence, other ill-treatment and of the breach of security rules thereby contributing to clarification of the criminal type and with greater dignity, because it is no longer hidden among other types of abuse. Punishes the trafficking in human beings, distinguishing it from the trafficking in human beings for sexual exploitation. With regard to crimes against freedom and self-determination, they assigned the nature of public crimes, not depending on, therefore, the existence of complaint. It is proposed that no requirement of criminal procedure no one year has elapsed after the victim reached 18 years allowing the victims to acquire a more mature that they can understand what happened to them and can report these facts. It is proposed to include discrimination based on sexual orientation to be punished in the same way as discrimination based on race or religion. As regards the damage crime against nature and pollution crime, follow the proposal made by Quercus, including, however, the criminalisation of marketing and acquisition of specimens of wild fauna or flora in endangered species, or any product of them. 3 Includes among the "infringement of rules of construction, damage to facilities and disruption of services" the maintenance of road structures. Even at the level of road safety proposed a penalty of who build or put at the disposal of the public for driving vehicles, with or without motor, with defects likely to produce accidents and proposes the creation of a new criminal type, the road, which aims to punish crime who, being responsible for the Administration and management of roads, affect road safety. Also proposes, in the context of the crime of driving vehicle in a State of drunkenness, TAES reduction for 0, 5 g/l, adding some crimes under the labour law, provisions of the Spanish Penal Code, as well as a new crime of mistreatment of animals finally proposes the repeal of article 175-homosexual Acts with adolescents, which discriminates on age of consent in respect of heterosexual acts , having been declared unconstitutional, in the concrete supervision. We understand not to integrate in this draft law the issue of abortion and abortion, since such matters should be dealt with independently in relation to other matters of the criminal code.

Thus, in accordance with the rules applicable and constitutional, the Members and the members of Left block present the following draft law: article 1 amendments to The Penal Code articles 30, 44, 50, 58, 59, 61, 62, 64, 74, 83, 84, 86, 113, 118, 132, 152, 169, 176, 178, 179, 190, 191, 192, 240, 250, 277º, 278º, 279º, 292º, 338º, 290th , 372º and 374º of the criminal code, approved by Decree-Law No. 400/82 of 3 September, and amended by law No. 6/84, of 11 may, by Decree-Law No. 101-A/88 of 26 March, by Decree-Law No. 132/93, of 23 April, by Decree-Law No. 48/95, of 15 March, by law No. 65/98, 2 September , by law No. 7/2000, of May 27, by law No. 77/2001 of 13th of July, by law No. 97/2001 of 25 August, by law No. 98/2001 of 25 August, by law No. 99/2001 of 25 August, by Act No. 100/2001 of 25 August, by law No. 108/2001, 28 November , by Decree-Law No. 4323/2001, of 17 December, by Decree-Law No. 38/2003, 8 March, by law No. 52/2003, of 22 August, by Act No. 100/2003, of November 15, by Decree-Law No. 53/2004, 18 March, and by law No 11/2004 of March 27 shall be replaced by the following : "article 30 (...)


1 – (…). 2 – (…). 3-the provisions of the preceding paragraph shall not apply in the case of offences referred to in title I of the special part of this diploma.

Article 44 (...)

1-the prison sentence applied to an extent not exceeding 1 year is replaced by fine or penalty for another private freedom not applicable penalty, except if the execution of the prison is required by the need to prevent the Commission of future crimes. Is correspondingly applicable article 47. 2 – (…).

Article 50 (...)

1-the Court suspends the execution of the prison sentence imposed in so far as not exceeding 5 years, taking into account the personality of the agent, the conditions of your life, your conduct before and after the crime and the circumstances of this, conclude that the mere fact that censorship and the threat of prison perform adequately and the purposes of punishment. 2 – (…). 3 – (…). 4 – (…). 5 – (…). 5 article 58 (...)

1-If the agent should be applied in imprisonment not exceeding 3 years, the Court replaces it by providing work in favour of the community whenever I conclude that this take place properly and the purposes of punishment. 2 – (…). 3-the provision of work is fixed in hours, at a rate of 1 hour for each day of imprisonment, which may be accomplished in working days, Saturdays, Sundays and holidays. 4 – (…). 5 - (…).

Article 59 (...)

1-the provision of work in favour of the community may be provisionally suspended by reason of medical order, family, professional, social or otherwise, and may not, however, the time of execution of the sentence exceeds 24 months. 2 – (…): a) (…); b) (…); c) (…). 3 – (…). 4 – If, in the cases referred to in paragraph 2, the convict has to serve time in prison, but there are already provided work in favour of the community, the Court cashes in the jail time, the time provided as calculated in accordance with paragraph 3 of article 58. 5 – (…). 6 – (…): a) (…); b) (…). 6 article 61 (...)

1 – (…). 2 – (…): a) (…); b) (…). 3 - (…). 4 – Previous paragraph 6.

Article 62 (...)

1 - (…): a) (…); b) when completed two-thirds of the sentence, in the case of paragraph 3 of the preceding article. 2 - (…). 3-4 the previous paragraph.

Article 74 (...)

1-When the crime is punishable with imprisonment not exceeding 12 months, or a fine not exceeding 120 days, the Court may declare the defendant guilty but don't apply any penalty if: a) (...); b) (…); c) (…). 2 - (…). 3 - (…).

7 article 83 (...)

1 – (…). 2-worth relatively indeterminate has a minimum corresponding to two thirds of the prison sentence that specifically fit the crime committed and a maximum corresponding to this penalty, not to exceed 25 years in total. 3 – (…). 4 – (…).

Article 84 (...)

1 - (…). 2-worth relatively indeterminate has a minimum corresponding to two thirds of the prison sentence that specifically fit the crime and a maximum corresponding to this penalty, not to exceed 25 years in total. 3 - (…). 4 - (…).

Article 86 (...)

1 – (…). 2-worth relatively indeterminate has a minimum corresponding to two thirds of the prison sentence that specifically fit the crime committed and a maximum corresponding to this penalty, not to exceed 25 years in total.

Article 113 (...)

1 - (…). 2-(...): 8 a) to the surviving spouse not legally separated people and goods, the person with the offended lived in conditions similar to those of spouses, descendants and adopted and to ascendants and the adopters; b) brothers and their descendants. 3 - (…). 4 - (…). 5 - (…). 6 - (…).

Article 118 (...)

1-(...) 2-(.) 3-(...) 4-in the case of the crimes provided for in articles 163 to 165, 167, 168 and 171, the criminal procedure is not extinguished by prescription effect until one year has elapsed from the date on which the victim reaches 18 years.

Article 132 (...)

1 – (…). 2 – (…): a) (…); b) (…); c) (…); d) (…); and) Be determined by racial hatred, religious, political or homophobic; f) (…); g) (…); h) (…); i) (…); j) (…); 9 l) (...).

Article 152 1-domestic violence Who inflict physical or psychological abuse or treat cruelly: a) the spouse or who with him live in conditions similar to those of the spouses, without cohabitation; (b)) the former spouse or who with he has been living in conditions similar to those of spouses without cohabitation; c) the progenitor of common descent in the first degree; d) the ascending or descending, adopter or adoptee, relative or into to the second degree, or who find under your guardianship or custodianship; is punished with imprisonment from 1 to 5 years. 2 the facts as referred to in the above paragraphs result: a) personal offense record, the agent is punished with imprisonment from 2 to 8 years; b) death, the agent is punished with imprisonment of 3 to 10 years. 3-the defendant may be accessory punishment ban on contact with the victim, including the removal of this residence for a period 2 to 5 years. 4-the defendant can be applied the penalty of disqualification from exercise parental responsibility, guardianship or custodianship for a period of 2 to 10 years Article 169 human trafficking for sexual exploitation 1 — Who take another person to practice prostitution or relevant sexual acts, in that the second is not sourced, through violence , threats, coercion, abuse of authority, fraudulent misrepresentations or other forms of deceit, seizure of documents, or any other type of imposition, or using the debt bondage, as defined in paragraph 2 of article 160-A, is punished with imprisonment of 3 to 8 years. 2 – If the fact is practiced against a minor between 14 and 16 years, the agent is punished with imprisonment from 5 to 10 years. 10 3-Who is part or integrate groups or organizations for the practice of trafficking in persons for sexual exploitation, shall be punished with a prison term of 5 to 10 years. 4 — Who lead such groups or organizations, shall be punished with imprisonment from 6 to 12 years. 5 — the attempt is punishable article 176 Pimping and prostitution of minors 1 – Who promote, encourage or facilitate the prostitution of a minor between 14 and 16 years, or the practice by this sexual acts, is punishable by a prison term of 1 to 5 years. 2-in the same sentence incurs who, being larger, practice sexual Relief Act with a minor between 14 and 16 years, upon payment or any other hand 3-(...). 4-the attempt is punishable.

Article 178 (...)


The prosecution for the crimes provided for in articles 163 to 165, 167, 168 and 171 to 176 depends on complaint, except when the victim is under 18 years or when the crime result the suicide or death of the victim.

Article 179 ancillary Penalties relating to crimes against freedom and sexual self-determination of minors Who is sentenced for crimes against sexual freedom and self-determination of minor, given the gravity of the fact that concrete, may: a) Be inhibited of exercising the parental authority, guardianship or custodianship, when there is connection between the crime and the function exercised by the agent for a period of 2 to 15 years. 11 b) Be prohibited from exercising any professional activities which involve direct contact with minors, or they relate somehow, for a period of 2 to 15 years.

Article 190 (...)

1 – (…). 2-in the same sentence incurs who, with the intention of disrupting the private life, the peace and quiet of another person, call for your housing, for your mobile phone or send e-mails or text messages to your cell phone. 3 – (…).

Article 191 (...)

1 – (…). 2 – it is not punishable the conduct provided for in paragraph 1 when, cumulatively is intended to serve as a shelter to the agent, provided that it does not have any other housing and since the building is vacant.

Article 192 (...)

1 – (...): a) intercept, record, register, use, transmit or disseminate conversation, telephone communications, electronic mail messages or detailed invoicing; b) (…); c) (…); d) (…); (…) 2 – (…). 12 Article 240° Discrimination 1-Who: the) founding or constituting organization or activities of organized propaganda that incites any discrimination or hatred, or violence, or racial, ethnic or religious, or homophobic, or that encourage; or (b)) (...); is punished with imprisonment from 1 to 8 years. 2-Who, in public meeting, in writing intended for disclosure by electronic means or by any media: a) cause violence against person or group of people because of your race, color, ethnic origin, nationality, religion or sexual orientation; or b) defame or libel person or group of people because of your race, color, ethnic origin, nationality, religion or sexual orientation, including the denial of war or crimes against peace and humanity; with the intention of inciting racial discrimination, religious or homophobic or encouraging, is punished with imprisonment from 1 to 5 years.

Article 250 (...)

1 – (…). 2-the same penalty who incurs legal or judicially being obliged to provide food, if put in situation of disability with intention not to fulfill an obligation, regardless of the danger created.

Article 277.º (...)

1 — Who: 13 a) within the framework of your professional activity break rules, regulations or legal techniques that should be observed in the planning, management or execution of construction, demolition or installation, or in your modification or on your maintenance; b) (…); c) (…); d) (…). 2 — (…). 3 — (…).

Article 278º (...)

1-Who, not observing legal regulations or provisions of treaty or International Convention, or obligations imposed by the competent authority in accordance with those provisions: a) eliminate copies of fauna or flora protected in significant number; b) eliminate one or more specimens of species threatened or endemic; c) destroy natural habitat, priority or rank; d) destroy or contaminate, with irreversible or long-term, zones of aquifers, refills aquifers, geomonuments and geologically active areas of clear geological risk; and introduce exotic species in the habitat); is punished with imprisonment up to 3 years or with a fine penalty up to 600 days. 2-the same penalty who incurs market, holds for sale or purchase copy of fauna or flora of protected species, alive or dead, as well as any part or product obtained from that. 3-endangered species means those with the status of Vulnerable Species, endangered species, Species critically endangered or priority. 4-the attempt and negligence are punishable.

14 Article 279º (...)

1-Who, not observing legal regulations or provisions of treaty or International Convention, or obligations imposed by the competent authority in accordance with those provisions: a) pollute inland waterways or marine, the crust or, in any way, degrade its qualities; b) (…); c) (…); of severe form, is punished with imprisonment up to 3 years or with a fine penalty up to 600 days. 2-(.) 3-for the purposes of the preceding paragraphs, the agent acts so severe when, polluting one way or punctual, or is continuing create danger of cause: the strong reduction of biodiversity) at the local level; b) strong population, making staff reductions threaten your existence locally; c) modification of the abiotic factors of the environment, calling into question the ability of local ecological system regeneration; d) spread of microorganism or substance harmful to the body and health of people.

Article 290 (...)

1 — Who threaten the safety of road transport: a) (...); b) (…); c) (…); d) (…); is punished with imprisonment from 1 to 8 years. 2-in the same sentence incurs who, within the scope of your activity, industrial or commercial building or make available to the public for driving vehicles, with or without motor, 15 with defects likely to produce accidents, and create this way danger to life or to the physical integrity of another person, or to assets unrelated to high value. 3 — previous No. 2. 4-If the conduct referred to in paragraphs 1 and 2 is committed by negligence, the agent is punished with imprisonment between 2 and 5 years.

Article 292º (...)

1-Who at least negligently, driving vehicle, with or without motor, in public or equivalent, with a blood-alcohol rate equal to or greater than 0, 5 g/l, is punished with imprisonment up to 1 year or with a fine penalty up to 120 days, if more severe penalty you don't fit under any other statutory provision. 2 - (…).

Article 338º (...)


1 – Who by using violence, threat of violence or participating in a riot, disorder or vozearia, prevent or disrupt severely the conduct, operation or establishment of Assembly or electoral college results, intended, pursuant to law, the election of the sovereign organ, autonomous region, or local authority or national or local referendum shall be punished with imprisonment up to 3 years or with a fine penalty. 2 – (…). 3 – (…).

Article 372º 1 – the official corruption that in themselves or through an intermediary, with your consent or ratification, solicit or accept, for themselves or for third parties, without his due, patrimonial or non-patrimonial advantage, is punished with imprisonment from 1 to 8 years. 16 2-in the same sentence incurs an official who by themselves or through an intermediary, with your consent or ratification, solicit or accept, for themselves or for third parties, without his due, patrimonial or non-patrimonial advantage of person before he has had, has or will have any claim dependent on the performance of their public functions. 3-in the same sentence incurs an official who by themselves or through an intermediary, with your consent or ratification, solicit or accept, for themselves or for third parties, without his due, promise of equity or non-equity advantage, for any act or omission contrary to the duties of the position or not, although prior to that request or acceptance. 4 – Previous paragraph 2. 5-3 the previous paragraph. Previous paragraph 6 – 4. 7 – is correspondingly applicable the provisions of subparagraph (b)) of article 364º, in the case of acts or omissions not contrary to the duties of the position.

Article 374º (...)

1-Who by themselves or through an intermediary, with your consent or ratification, gives or promise the employee, or the third with that knowledge, heritage or not patrimonial advantage that the employee is not due, is punished with imprisonment from 1 to 8 years. 2-number 3 Previous.

Article 2 Amendments to the Criminal Code The Criminal Code, approved by Decree-Law No. 400/82 of 3 September, and amended by law No. 6/84, of 11 may, by Decree-Law No. 101-A/88 of 26 March, by Decree-Law No. 132/93, of 23 April, by Decree-Law No. 48/95, of 15 March, by law No. 65/98 , September 2, by law No. 7/2000, of May 27, by law No. 77/2001 of 13th of July, by law No. 97/2001 of 25 August, by law No. 98/2001 of 25 August, by law No. 99/2001 of 25 August, by Act No. 100/2001, of 17 August, 25 of the law No. 108/2001 , Nov 28, by Decree-Law No. 323/2001, of 17 December, by Decree-Law No. 38/2003, 8 March, by law No. 52/2003, of 22 August, by Act No. 100/2003, of November 15, by Decree-Law No. 53/2004, 18 March, and by law No 11/2004 of 27 March, a chapter IV are added-in title II of book II , a chapter III title IV of book II the following articles: Article 152-the abuse and infringement of safety rules 1-Who, with your care, your guard, under the responsibility of your management or education, or working at your service, person under or particularly helpless, on the grounds of age, disability, illness or pregnancy, and:) you inflict physical or psychological abuse or treat cruelly; b) to employ in dangerous, inhuman or prohibited activities; or c) the overload with excessive work; is punished with imprisonment from 1 to 5 years, if the fact is not punishable by article 144. 2-the same penalty is applicable to whom, not observing legal or regulatory provisions, subjecting the worker risk to life or risk of serious offence to the body or the health. 3 the facts as referred to in the above paragraphs result: a) personal offense record, the agent is punished with imprisonment from 2 to 8 years; b) death, the agent is punished with imprisonment of 3 to 10 years.

Article 159-the human trafficking 1 — Who take another person to work or provide services in a country of which the second is not sourced, through violence, threats, coercion, abuse of authority, fraudulent misrepresentations or other forms of deceit, seizure of documents, or any other type of imposition, or using the debt bondage, is punished with imprisonment from 2 to 8 years. 18 2 — debt bondage is the commitment to guarantee payment of a duty to the debtor's personal services, or someone about who exercises authority and when one of the following situations: a) the value of the services rendered, equally certain, not suits the amount of the debt; b) does not limit the duration of payment; c) does not define the nature of the services. 3 — considered that human trafficking can occur in the country of origin, transit or destination. 4 — Who is part or integrate groups or organizations for the practice of trafficking in persons, shall be punished with imprisonment of 3 to 8 years. 5 — Who lead such groups or organizations, shall be punished with a prison term of 5 to 10 years. 6 — the attempt is punishable CHAPTER III-the crimes against animals Article 286 the mistreatment of animals 1 – Who mistreat or inflicting cruel treatment to domestic animal causing death or causing him injury or any disability, shall be punished with imprisonment up to 6 months, or with fine penalty up to 300 days. 2-in the same sentence with your guard who incurs wildlife, in particular for the purpose of exploitation in performances, they inflict ill-treatment or cruel treatment, causing them to death or causing them injury or any disability. 3-the same penalty who use animals in incurs fights or fights with other animals, who organize or promote these same fights or fights. 4-Who abandon domestic animals is punishable by imprisonment up to 6 months, or with fine penalty of 200 days. 5-Who is convicted of a crime referred to in the preceding paragraphs may be inhibited from exercising a profession or trade related to animals, for a period of 2 to 5 years. 19 6-Who is convicted of a crime provided for in paragraph 4 may be inhibited to acquire any domestic animal, for a period of 2 to 5 years.

CHAPTER IV-Of crimes against workers ' Rights article 233 the violation of economic rights of workers


1-Who, through deceit or taking advantage of a situation of necessity, imposes the employee to your service, working conditions or Social security that undermine, abolish or restrict labour rights recognised by law, collective or regulatory instrument contractual provision is punished with imprisonment from 6 months to 3 years. 2 – If the fact is practiced with violence or through coercion, the agent will be punished with a prison term of 2 to 5 years.

Article 233 (B) violating the norms of hygiene and safety at work 1 – Who, breaking the rules of health and safety at work or being that legally obligated, not put at the disposal of workers the means necessary for the prevention of risks, creating them that way danger to the life, health or physical integrity, shall be punished with imprisonment of 1 to 3 years.

Article 289-1 Road Crime — Who, in the course of your professional activity, public or private, being responsible for the administration or management of roads, pay attention, by action or omission against road safety through: a) disabled or poor design, in draft or in implementation of road infrastructure; 20 b) disabled or poor maintenance of road infrastructure, in particular at the level of the floor or the State signalling; c) deficient conditions of execution of works or any other interventions in public, with a temporary nature; and create thus danger to life or to the physical integrity of another person, or to assets unrelated to high value, shall be punished with imprisonment of 3 to 8 years. 2 — If the danger referred to in the preceding paragraph is created by neglect, the agent is punished with imprisonment from 2 to 6 years. 3 — If the conduct referred to in paragraph 1 is committed by negligence the agent is punished with imprisonment from 1 to 5 years article 3 Standard Set Are deleted Articles 175 and 373º of the criminal code, approved by Decree-Law No. 400/82 of 3 September, and amended by law No. 6/84, of 11 may, by Decree-Law No. 101-A/88 of 26 March , by Decree-Law No. 132/93, of 23 April, by Decree-Law No. 48/95, of 15 March, by law No. 65/98, of 2 September, by law No. 7/2000, of May 27, by law No. 77/2001 of 13th of July, by law No. 97/2001 of 25 August, by law No. 98/2001, of August 25 , by law No. 99/2001 of 25 August, by Act No. 100/2001 of 25 August, by law No. 108/2001, of 28 November, by Decree-Law No. 323/2001, of 17 December, by Decree-Law No. 38/2003, 8 March, by law No. 52/2003, of 22 August, by Act No. 100/2003, of November 15 , by Decree-Law No. 53/2004, 18 March, and by law No 11/2004 of 27 March.

Article 4 entry into force this Regulation shall enter into force 30 days after your publication.

Assembly of the Republic, February 13 2006 The Members and members of left-wing Block