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PROPOSED LAW NO. 127 /X

Exhibition of Motives

1. The Law No. 17/2006 of May 23-Criminal Policy Framework Act-establishes that

criminal policy is defined through temporary laws, with a duration of two

years. The criminal policy comprises, pursuant to Article 1 of the said law, the definition

of objectives, priorities and guidelines in the prevention of crime,

criminal investigation, criminal action and execution of penalties and security measures. By your

Shift, Article 2 of the same law mandates that the definition of objectives, priorities and

guidelines is without prejudice to the principle of legality, does not affect the independence of the

courts and the autonomy of the Public Prosecutor's Office, it does not contain directives, instructions or

orders on determined processes and does not exempt from procedure any crime.

It follows from Article 15 of Law No. 17/2006, that the first law on criminal policy should

come into force on September 1, 2007, after it has been approved by the Assembly

of the Republic until June 15, in the sequence of proposal submitted by the Government until

April 15. This proposed law was subjected to hearing from the Higher Council

of the Magistrature, of the Superior Council of the Public Prosecutor's Office, of the Council

Coordinator of the Criminal Police Bodies, of the Superior Council of Security

Internal, of the Coordinating Office of Security and the Order of Lawyers, such as

prescribes Article 8 of Law No 17/2006.

2. Constituting option assumed by the Criminal Policy Framework Act not to link the

courts stricto sensu to the provisions of the laws on criminal policy, it is also the

Prosecutor's Office addressing the guidelines on the choice and determination of the

measure of the penalty. The possibility of applying alternative penalties or substitutes of the penalty

of imprisonment, when this is not required by the defence of legal goods and the reintegration

social of the accused (Articles 70 and 40, paragraph 1, of the Criminal Code), must be taken into account

at this headquarters.

In the plan of the implementation of sanctions, the guidelines of the law on criminal policy have

as the recipient of the Public Prosecutor's Office and also the prison and reinsertion services

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social. Especially relevant, in this area, are the indications on the mode of

execution of the prison sentence and the proposal to grant the probation.

3. The execution of criminal policy is taken up by the Public Prosecutor's Office and the organs of

criminal police, as provided for in Article 11 of the Criminal Policy Framework Act.

Thus, having the incumbency to exercise the criminal action coadjuvated by the organs of

criminal police, the Public Prosecutor's Office assumes the objectives and adopts the priorities and

guidelines that now define themselves and that are always realized through guidelines

generics of the Attorney General of the Republic, modifiable at all time of agreement

with the evolution of crime. However, the concrete identification of the processes

covered by the priorities and guidelines will always be the responsibility of the

magistrates of the Public Prosecutor's Office, pursuant to the respective Statute.

The implementation of the law on criminal policy also depends on directives and instructions from the

Government, under the Criminal Policy Framework Act. The directives and instructions of the

Government refers to the prevention of crime, the office of the Forces and Services of

Security, and the execution of penalties and security measures, in charge of services

prisals and social reinsertion.

Thus:

Under the provisions of Article 7 of Law No. 17/2006 of May 23, and pursuant to the

point ( d) of Article 197 (1) of the Constitution, the Government presents to the Assembly of the

Republic the following proposal for law:

Chapter I

Objectives of criminal policy

Article 1.

General objectives

They are general objectives of the criminal policy to prevent, repress and reduce crime,

promoting the defence of legal goods, protection of the victim and reintegration of the agent

of crime in society.

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Article 2.

Specific objectives

During the duration of this Law, they constitute specific objectives of the

criminal policy:

a) Prevent, repress and reduce violent, serious or organized crime,

including homicide, the offence to serious physical integrity, violence

domestic, the ill-treatment, the kidnapping, the crimes against freedom and the

sexual self-determination, the theft, the forest fire, corruption, trafficking

of influence, bleaching, terrorism, terrorist organizations and the

criminal association dedicated to the trafficking of persons, of narcotic drugs and

psychotropic and weapon substances;

b) Promoting the protection of especially defenseless victims, including children

and adolescents, pregnant women and elderly, sick and disabled persons;

c) Ensure follow-up and assistance to accused or convicted agents

by the practice of crimes, specifically when there is a risk of continuation of the

criminal activity.

Chapter II

Priorities of criminal policy

Article 3.

Priority prevention crimes

Taking into account the dignity of the tuteled legal goods and the need to protect the

potential victims, are considered priority prevention crimes for the purposes of the

present law:

a) The offence of physical integrity against teachers, in exercise of functions or

because of them, and other members of the school community, the offence to

physical integrity against doctors and other health professionals, in exercise

of functions or because of them, the participation in rift, domestic violence,

the ill-treatment, the infringement of safety rules, the trafficking of persons and the

crimes against the freedom and sexual self-determination of minors, in scope

of the crimes against the people;

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b) The theft with introduction or penetration into housing, the furthest in

commercial or industrial establishment, the theft of vehicle, the theft of thing

placed or transported in a vehicle, the theft with a weapon or in transport

collective, the mass burla and the abuse of warranty or credit card, in the

scope of crimes against heritage;

c) Racial, religious or sexual discrimination and torture and other treatments

cruel, degrading or inhumane, in the scope of crimes against identity

cultural and personal integrity;

d) Document falsification, counterfeiting of currency, the passage of currency

false, the forest fire, the damage against nature, pollution, corruption of

food or medicinal substances, the dangerous driving of vehicle

road and vehicle driving in a state of drunkenness or under the influence

of narcotic drugs or psychotropic substances, in the scope of crimes against the

society;

e) The sabotage, the trafficking of influence, the resistance and coercion on employee, the

disobedience, the bleaching, the corruption, the embezziness and the participation

economic in business, in the scope of crimes against the State;

f) The terrorist organizations, terrorism, trafficking in narcotics and

psychotropic substances, the trafficking of arms, the aid for illegal immigration, the

burla tributary, the smuggling, the fraudulent introduction into consumption, the fraud

tax, the abuse of tax trust, the fraud against social security, the abuse of

confidence against social security, computer crime, driving

without legal habilitation and against the genuineness, quality or composition of

foodstuffs and food additives, within the framework of the avulous legislation.

Article 4.

Priority research crimes

Taking into account the seriousness of the crimes and the need to prevent their future practice,

are considered priority research crimes for the purposes of this Law:

a) The homicide, the offence to physical integrity against teachers, in exercise of

functions or because of them, and other members of the school community, the offence to

physical integrity against doctors and other health professionals, in exercise

of functions or because of them, the offence to the serious physical integrity, the violence

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domestic, the ill-treatment, the infringement of safety rules, the kidnapping, the

abduction, the taking of hostages, human trafficking and crimes against freedom and

sexual self-determination, in the scope of crimes against people;

b) The qualified furthest provided for in the points d) , f) and i) of paragraph 1 and in paragraph 2 of the article

204. of the Criminal Code, the abuse of trust provided for in the n. the

4 and 5 of the article

205. of the Criminal Code, the theft, the qualified burla provided for in paragraph 2 of the article

218. of the Criminal Code, the burla informatics and in the telecommunications provided for in the

point ( b) of Article 221 (5) of the Criminal Code and the abuse of warranty card

or of credit, in the context of crimes against heritage;

c) Racial, religious or sexual discrimination and torture and other treatments

cruel, degrading or inhumane, in the scope of crimes against identity

cultural and personal integrity;

d) Document forgery punishable with imprisonment of more than three years and

associated with trafficking in persons, aid for illegal immigration, terrorism and the

trafficking in vehicles, counterfeiting of currency, the passage of counterfeit currency, the

forest fire, the damage against nature, pollution, corruption of

food or medicinal substances and the criminal association, within the framework of the

crimes against society;

e) The sabotage, the trafficking of influence, the resistance and coercion on employee, the

disobedience, the bleaching, the corruption, the embezziness and the participation

economic in business, in the scope of crimes against the State;

f) The terrorist organizations, terrorism, trafficking in narcotics and

psychotropic substances, the trafficking of arms, the aid for illegal immigration, the

burla tributary provided for in Article 87 (3) of the General Regime of Infractions

Tributaries (RGIT), annexed to Law No. 15/2001, of June 5, the smuggling, the

fraudulent introduction in consumption, qualified tax fraud, abuse of

tax confidence provided for in Article 105 (5) of the RGIT, the fraud against the

social security provided for in Article 106 (3) of the RGIT, the abuse of trust

against the social security provided for in Article 107 (2) of the RGIT and the

computer crime, within the framework of the avulous legislation.

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Article 5.

Victims especially defenseless

1-In the prevention and investigation of the crimes referred to in points a) , b) and c) of the articles

3. and 4, in particular, promote the protection of especially helpless victims,

including children, pregnant women, elderly people, sick, disabled and

immigrants.

2-The Public Prosecutor's Office promotes, pursuant to the Code of Criminal Procedure and in accordance

with generic directives and instructions approved by the Attorney-General of the

Republic, the information to those offended by the practice of the crimes referred to in points

a) , b) and c) of Articles 3 and 4 of the following facts:

a) Leakage of defendants subject to measure of deprivative coaching of freedom and of

doomed in jail term or in a deprivative security measure of the

freedom, in all cases;

b) Release of defendants for having been exhausted the deadlines for maximum duration

of remand or of an obligation to remain in the dwelling and to

condemned placed in freedom, whenever the release can create a

danger to the offending.

3-A The expected information of the preceding paragraph is accompanied by the indication of the

police measures taken to prevent the realization of the danger.

Article 6.

Means of crime

In the prevention and investigation of the crimes referred to in Articles 3 and 4, continue, from

reinforced mode, the repression of:

a) Acts of violence against people;

b) Criminal associations and terrorist organizations;

c) Especially dangerous means, including firearms, nuclear, chemical and

bacteriological;

d) Especially complex means, such as informatics and internet .

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Article 7.

Prevention of crime

1-In the prevention of crime, the forces and security services develop

community safety and proximity policing programs aimed at

protect especially defenseless victims and to control the sources of danger referred to

in the points b) , c) and d) of the previous article.

2-Compete to the Government to ensure the elaboration and implementation of the programmes provided for in the

previous number, through the members of the Government responsible for the areas of the

Internal Administration and Justice, which emit, in a coordinated manner, the directives,

orders and instructions required.

3-Compete to the Attorney General of the Republic to approve directives and instructions

generic on the actions of prevention of the competence of the Public Prosecutor's Office, with

a view to the achievement of the objectives of this Law.

4-Generic directives and instructions provided for in the preceding paragraph shall bind the

magistrates of the Public Prosecutor's Office, pursuant to the respective Statute, and the bodies

of criminal police who co-adjuvate them, pursuant to the Code of Criminal Procedure and

of the Criminal Investigation Organization Act.

Article 8.

Survey

1-Compete to the Attorney General of the Republic to approve directives and instructions

generic intended to enforce the priorities laid down in Article 4.

2-Generic directives and instructions provided for in the preceding paragraph shall bind the

magistrates of the Public Prosecutor's Office, pursuant to the respective Statute, and the bodies

of criminal police who co-adjuvate them, pursuant to the Code of Criminal Procedure and

of the Criminal Investigation Organization Act.

3-A The identification of the concrete processes to which the priorities laid down in the

article 4 is made by the magistrates of the Public Prosecutor's Office, according to the

directives and generic instructions referred to in paragraph 1.

4-A assignment of priority to a process gives you precedence in research

criminal and procedural promotion on processes that are not considered

priority.

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5-The provisions of the preceding paragraph shall not apply when it involves the danger of prescribing

regarding processes that are not considered to be given priority or impair the

recognition of urgent character to other processes, legally terms

predicted.

6-The prioritisation of priority in the investigation phase must correspond

Precedence of promotion in the subsequent procedural phases.

Article 9.

Special prevention

1-The Public Prosecutor's Office requires the judge, pursuant to the Code of Criminal Procedure and of

agreement with the directives and generic instructions approved by the Attorney General of the

Republic, which orders the services of social reinsertion to draw up plans

individual of social readaptation of agents convicted of the practice of crimes

provided for in Article 4, whenever they are necessary to promote the

respective reintegration into society.

2-Prisonal services promote, in particular, access to education, training

professional and the work to those sentenced to prison terms for the practice of crimes

provided for in Article 4, in accordance with the respective individual readaptation plan

social and with a view to their reintegration into society.

Chapter III

Guidelines on small crime

Article 10.

Scope of the guidelines

The guidelines on less serious crime are intended to favour redress

of the offence caused to the victim of the crime, the social reintegration of the agent and the swiftness

procedural and cover, specifically:

a) Abortion with consent of the pregnant woman out of the situations of no

legally forecasted punishability, the offense to simple physical integrity, the

participation in rift, the threat, sexual fraud, sexual importunation, the

defamation and injuring, in the framework of crimes against people;

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b) The furthest, the abuse of trust, the damage and the unskilled burla and the burla to

obtaining food, beverages or services, in the scope of the crimes against the

heritage;

c) The subtraction of minor and the falsification of punishable document with penalty of

imprisonment of not more than three years and the driving of vehicle in a state of

drunkenness or under the influence of narcotic drugs or substances

psychotropic, in the context of crimes against society;

d) The issuance of check without provision and the trafficking of narcotic drugs and substances

psychotropic of minor gravity or practiced by the consumer trafficker and the

driving without legal habilitation, in the framework of the avulous legislation.

Article 11.

Applicable measures

1-The magistrates of the Public Prosecutor's Office privilege, within the framework of their competences

and in accordance with the directives and generic instructions approved by the Prosecutor-

General of the Republic, the application to the crimes provided for in the previous article of the following

measures:

a) Archiving in the event of a penalty dispensation;

b) Provisional suspension of the proceedings;

c) Judgment by the natural court under Rule 16 (3) of the Code

of Criminal Procedure;

d) Summary Process under Article 381 (2) of the Code of Procedure

Penal;

e) Process abbreviated;

f) Sumarest process;

g) Criminal mediation.

2-Compete to the Attorney General of the Republic to approve directives and instructions

generic measures for the implementation of the measures provided for in the preceding paragraph.

3-Generic directives and instructions provided for in the preceding paragraph shall bind the

magistrates of the Public Prosecutor's Office, pursuant to the respective Statute.

4-A The identification of the concrete processes to which the measures provided for in the n.

1 is made by the magistrates of the Public Prosecutor's Office, in accordance with the directives and

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generic instructions referred to in paragraph 2 and depends on the verification of the respective

legal requirements.

Article 12.

Non-custodial sanctions of freedom

The Public Prosecutor's Office promotes, in accordance with the directives and generic instructions

approved by the Attorney General of the Republic, the application of non-custodial sentences of the

freedom to the crimes referred to in Article 10, including, in particular:

a) The prison for free days;

b) The regime of semidetenment;

c) The suspension of the execution of prison sentence subordinated to rules of conduct;

d) The provision of work in favour of the community;

e) The regime of permanence in housing.

Article 13.

Defendants and convicted in special situation

The Public Prosecutor's Office promotes also preferentially, according to the directives

and generic instructions approved by the Attorney General of the Republic, the application of the

measures provided for in articles 11 and 12 to be argued or convicted of the practice of crimes

punishable with imprisonment of not more than five years, which is found in one of the

following circumstances:

a) Pregnancy;

b) Age of less than 21 years or more than 65 years;

c) Serious illness or disability;

d) Existence of minor to his post;

e) Existence of family exclusively in your care;

f) Lack of prior conviction for the practice of crimes or of

application of the schemes referred to in points a) and b) of Article 11 (1)

Chapter IV

General guidelines on criminal policy

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Article 14.

Measures for coaction

1-The Public Prosecutor's Office, in accordance with the approved generic directives and instructions

by the Attorney General of the Republic, requires, preferentially, the application of

measures of various coaction of the preventive prison whenever the realization of the

objective referred to in ( c) of Article 2 shall not require the application of this measure.

2-The Public Prosecutor's Office, in accordance with the approved generic directives and instructions

by the Attorney General of the Republic, proposes to the judge, at any stage of the proceedings,

that the measures for the coaction of preventive arrest and obligation to remain in the

housing are associated with programmes for access to education, training

professional and the work, whenever the accused manifests itself interested and those

programs to prove appropriate to prevent the practice of future crimes.

3-The programmes provided for in the preceding paragraph are developed by the services of

social reinsertion, in the case of obligation to remain in housing, and by the

prison services, in the case of preventive arrest.

Article 15.

Unit and separation of processes

The magistrates of the Public Prosecutor's Office require, in the general terms provided for in the Code

of Criminal Procedure and in accordance with the directives and generic instructions approved by the

Prosecutor-General of the Republic, the separation of proceedings, inter alia, in the

following situations:

a) When the unit or apensation does not allow to meet the deadlines set for

the enquiry; or

b) When the unit or apensation creates the risk of prescribing the procedure

criminal.

Article 16.

Impugning of judicial decisions

The Public Prosecutor's Office complains or avails, pursuant to the Code of Criminal Procedure and of

agreement with the directives and generic instructions approved by the Attorney General of the

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Republic, of the judicial decisions that do not accompany its promotions aimed at

pursue the objectives, priorities or guidelines of criminal policy envisaged in the

present law.

Article 17.

Execution of sanctions

1-The sanctions must be applied and implemented in such a way as to prevent stigmatization of the

doomed.

2-The prisonal services pond, upon verification of the respective requirements

legal, the application of open regimes to those sentenced to prison terms, whenever

such a scheme does not create or increase the risk of continuation of criminal activity.

Chapter V

Final and transitional provisions

Article 18.

Allocation of means

It is incumbent on the Government, through the members of the Government responsible for the areas of

Justice and the Internal Administration, take, in a coordinated manner, the necessary measures

to the appropriate allocation of the human and material means necessary to comply with the

present law by the Public Prosecutor's Office, by the criminal police bodies and by the

departments of the Public Administration that support the prevention actions and the

activity of criminal investigation.

Article 19.

Evolution of crime

1-In accordance with the evolution of crime and its territorial incidence, the

Attorney General of the Republic concretizes the incriminating types and modalities of

conduits to which the procedures and guidelines laid down in this Law apply

on priority research or small-scale crime, through

generic, modifiable directives and instructions all the time.

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2-Verified the danger of hatching or hatching, with a national or local scope, of

violent, organized or serious criminal phenomena, the Prosecutor General's Office of the

Republic may determine, by means of directives and generic instructions, that

the treatment provided for in this Law shall apply for the prevention and the offences of

priority research, without prejudice to the provisions of Article 10 of Law No 17/2006,

of May 23.

3-Generic directives and instructions issued in the terms of the preceding paragraphs

binds the magistrates of the Public Prosecutor's Office, pursuant to the respective Statute, and

the criminal police bodies that co-adjuvate them, pursuant to the Code of

Criminal Procedure and the Criminal Investigation Organization Law.

Article 20.

Reasoning

In accordance with Article 5 (2) of the Law No 17/2006 of May 23, the

statement of reasons for criminal policy priorities and guidelines is set out in the annex to the

present law, which of it forms an integral part.

Article 21.

Entry into force

This Law shall come into force on September 1, 2007.

Seen and approved in Council of Ministers of April 12, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

(referred to in Article 20)

1. In obedience to the content advocated by the Criminal Policy Framework Act, the

this Act provides for the general purposes of criminal policy and the objectives to be pursued

during the biennium of its duration. Thus, it indicates how to purpose the prevention and the

repression of crime. The objectives relating to the period between 1 of

September 2007 and September 1, 2009 report to the various stadiums of

development of criminal policy, extending from policing by the Forces

of Security until the execution of the penalties and the security measures.

In the guidelines directed at the Forces and Security Services, they privilege the

protection programmes of especially helpless victims and the control of sources of

danger to legal goods. The distinction between violent crimes and other forms of

crime-such as corruption, trafficking in influence, bleaching and the

economic and financial crime in general-it is on the basis of programmes of

differential prevention.

In the guidelines relating to the exercise of criminal action by the Public Prosecutor's Office and the

investigation by the criminal police bodies, priorities take into account gravity

of the crimes, their consequences, their social repercussion and the relevance of the goods

legal posts concerned. The Public Prosecutor's Office is the specific recipient of the

guidelines about the institutes of fun and consensus-archiving in the event of

penalty dispensation, provisional suspension of the process, criminal mediation, proceedings

summary, abbreviated and summonary and summoning of the singular court-, which are based

on criteria such as the lowest relative severity of the crimes, the absence or possibility of

repair of the damage and the diminution of social alarm.

2. The present law distinguishes between priorities in prevention and priorities in research

criminal. While several crimes deserve priority treatment at both levels, there is

others that may only be considered as priority, in alternative, for the purpose of

prevention or research.

Thus, the participation in rift, the mass burla, the dangerous driving of vehicle

road, vehicle driving in a state of drunkenness or under the influence of

narcotic drugs or psychotropic substances, driving of vehicle without habilitation

legal and the crimes against the genuineness, quality or composition of genera

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food and food additives justify prevention programmes that can be

concretize in policing measures of large spectacles, in the enlightenment of the

population and road surveillance.

On the contrary, very serious crimes, such as homicide, the offence to physical integrity

serious, the kidnapping or the criminal association itself devised in a plan merely

abstract, deserve priority research but are not compatible with programmes

specific to prevention. Only in an indirect way-combating, inter alia, the

domestic violence, the mistreatment and the rifts-if they prevent the most serious crimes

against the people, such as homicide and the offense to serious physical integrity.

In all cases, the formal order followed in the indication of the types of crimes meets

only following the systematization of the Criminal Code. There are not several levels of

priority, in accordance with the assumed option in the Criminal Policy Framework Act.

3. In the definition of priorities in crime prevention and research, honour the

commitment assumed in the Program of the XVII Constitutional Government, in the sense of

protect all potential victims of violent crime and, in particular, people

especially defenseless, control the main sources of danger for legal goods,

combat phenomena that undermine the democratic rule of law, such as trafficking in

influence, corruption and bleaching, crack down on the trafficking of narcotics and

psychotropic substances, reduce road sinister, face the fires

forest, promote food safety and environmental advocacy and prevent the

terrorism.

Violent crimes against people and against heritage deserve treatment

priority. In recent decades, urban concentration, migrations, growth

of consumption levels and the increase in mass crime have made up the rates

general of crime and increased, at the same time, feelings of insecurity.

People especially defenseless-children, pregnant women, elderly people,

sick, disabled and immigrants-are the easiest targets of this crime and

justify the development of specific prevention programs.

In accordance with a line of protection of victims of offenses against physical integrity,

prioritise in the prevention and research of crimes practiced in schools and

hospitals, particularly against teachers and doctors in exercise of duties or by

cause of them. This phenomenon has worrying consequences at the community level and the

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qualification of these crimes as public, which already stems from the Criminal Code, is not enough,

on its own, to give you an expedited reply.

In the control of the sources of danger for legal goods, it is to highlight the priority in the

investigation of the crime of criminal association, regardless of the activity to which

such an association dedique. The crime of trafficking in arms and computer crimes in general

deserve priority in prevention and research, in accordance with the same criterion.

The defence of the democratic rule of law requires, for its part, the assignment of

priority in the prevention and research of phenomena such as trafficking in influence, the

corruption, bleaching and still the embezziness and economic participation in business.

These crimes challenge the relationship of trust between citizens and the state and

affect the proper functioning of the economy.

The importance of trafficking in narcotic drugs and psychotropic substances is easy to

evidencing, taking into account the Ombudsman's report on the system

Portuguese penitentiary, presented in 2003, which concluded that about half of the

prison population finds itself incarcerated by the practice of related crimes with the

consumption and the trafficking of those substances. Violent crime against goods

heritage has as one of the main causes the need to sustain consumption

of narcotic drugs or psychotropic substances.

Road sinister has been falling and the death toll from accidents in the

road went from 2,534 in 1988, to 891 in 2006. However, these figures are still

troubling and one of its causes is road crime-dangerous driving,

driving in a state of drunkenness or under the influence of narcotic drugs or

psychotropic substances and driving without legal habilitation-, to whose prevention if

assigns priority.

Forest fires, mainly occurred during the summer, constitute a source of

injury of community interests of the utmost importance, being responsible for a

significant reduction of the forest area. Despite the ongoing effort and success already

verified in combating this phenomenon, the arched area was still close to 80,000 hectares

in the year 2006. In the revision of the Criminal Code was created a new fire crime

forest to make the tutelage of legal goods more effective; now, priority is given to the

prevention and the investigation of that crime.

In an integrated safety perspective, BSE, influenza of birds, dioxins

carcinogens and the use of hormones in cattle production, among other crises

recent, have come to highlight the relevance of conduits that strike against safety

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food and public health. In this framework, priority is given to prevention, the effectiveness of which

depends, above all on the scrutinising action carried out by the criminal police body

with specific competence. But also the corruption of food substances or

medicinals, whose proportions are amplified by the disclosure in Internet , deserves

priority in prevention and research.

In environmental matters, the crimes of damage against nature and pollution were the subject matter

of typical reformulation, biased to enable its effective pursuit, in the review of the

Penal code. Taking into account the low rates of participation and conviction, such crimes

they now deserve priority in prevention and research.

Finally, it cannot be ruled out the possibility of the occurrence of terrorist attacks in

national territory. Ora, the dimensions and consequences of the bombings triggered in the

last years by terrorist organizations of fundamentalist inspiration make

compulsory the priority prevention and research of terrorist organization crimes

and terrorism.

4. Also the guidelines on small crime were filming in the Programme of the

XVII Constitutional Government. The Program highlights the need to apply feathers

alternatives or substitutes of the prison sentence, including the work in favour of the

community, improve prison services and promote the desjudicialization and the

alternative dispute resolution, specifically through new forms of mediation.

In this context, it is indispensable to strengthen the application of the institutes of fun and

Consensus already enshrined, the magnification of which was promoted in the revision in the Code of

Criminal case-filing in case of a penalty waiver, provisional suspension of the

process, summary proceedings, abbreviated and summarized and summoned by the court

singular.

The crimes chosen as preferred targets of the crime guidelines

are relatively unserious-punishable, as a rule, with imprisonment up to three years or with

lower maximum limit penalty-and have likely consequences of redress, in

much of the cases.

In the context of crimes against people, they are the subject of these guidelines the offence to

simple physical integrity and the unserious crimes against freedom, against the

sexual freedom and against the honor. Also abortion with consent of the woman

pregnant, outside of legally forecasted non-punishability situations, is the subject of these

guidelines, taking into account that the actual arrest does not have a ressocialising effect.

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The crimes against less serious heritage, less serious road crime and

the issuance of check without provision justifies, in the same way, this treatment

procedural.

Finally, also the figure of the consumer-trafficker justifies the application of

guidelines on small crime, all the more so as Law No. 30/2000, 29 of

November, decriminated the consumption of narcotic drugs by converting it into the illicit of

mere social ordering. Sometimes, the situations of small instrumental trafficking of the

consumption complains, above all, a therapeutic intervention and not pure punishment and

simple.