Sets The Objectives, Priorities And Criminal Policy Guidelines For The Period Of 2007/2009, In Compliance With Law No. 17/2006, Of 23 May, Approving The Law Framework Of Criminal Policy.

Original Language Title: Define os objectivos, prioridades e orientações de política criminal para o Biénio de 2007/2009, em cumprimento da Lei n.º 17/2006, de 23 de Maio, que aprova a Lei Quadro da Política Criminal.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445794e7931594c6d527659773d3d&fich=ppl127-X.doc&Inline=false

1 PROPOSAL of law No. 127/X explanatory memorandum 1. Law No. 17/2006, of 23 May – Law – Criminal Policy establishes that criminal policy is defined through temporary laws, with a duration of two years. Criminal policy includes, in accordance with article 1 of the said law, the definition of objectives, priorities and guidelines for crime prevention, criminal investigation, prosecution and enforcement of sentences and security measures. For your part, article 2 of the same law States that the definition of objectives, priorities and guidelines are without prejudice to the principle of legality, shall not affect the independence of the courts and the independence of the Prosecutor, does not contain directives, instructions or orders on certain processes and does not exempt any offence procedure. Results from article 15 of law No. 17/2006, which the first law on criminal policy should enter into force on 1 September 2007, after being approved by the Assembly of the Republic until June 15, following a proposal presented by the Government until April 15. This draft law was submitted to the Superior Council of the judiciary, of the Supreme Council of the Public Ministry, the Coordinating Council of the Criminal Police Bodies, the Board of Governors of Homeland Security, the Security Coordinator's Office and the Bar Association, as prescribes article 8 of law No. 17/2006.

2. Constituting option taken by the Criminal Policy Law does not bind the courts in the strict sense laws provisions on criminal policy, it is also the public prosecutor heading the guidance on the choice and determination of the extent of the punishment. The possibility of applying alternative penalties instead of jail time, when this is not required for the defence of legal goods and social reintegration of the accused (articles 70 and 40, paragraph 1, of the Penal Code), should be taken into account here. In the plan of implementation of the sanctions, the law on criminal policy guidelines have addressed the Prosecutor's Office and also the prison services and 2 social reintegration. Especially relevant in this field, are the indications on the way of execution of the sentence of imprisonment and the proposal to grant parole.

3. The implementation of the criminal policy is assumed by the Public Ministry and by the criminal police bodies, as envisaged in article 11 of the Framework Law of Criminal Policy. So, having the task of exercising prosecution assisted by the criminal police bodies, the public prosecutor takes over the objectives and the priorities and guidelines that now define themselves and are always achieved through generic guidelines from the Attorney General of the Republic, modifiable at any time according to the evolution of criminality. However, the identification of processes covered by concrete priorities and guidelines will always be the responsibility of the prosecutors, in accordance with its Statute. The implementation of the law on criminal policy also depends on the Government's instructions and directives, under the framework of the Criminal Policy. The directives and instructions of the Government refer to the prevention of crime, in charge of the forces and Security Services, and the execution of sentences and security measures, in charge of prisons and social rehabilitation.

So: under the provisions of article 7 of law No. 17/2006, of 23 May, and pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I criminal policy objectives article 1 General objectives Are general objectives of criminal policy prevent, Suppress and reduce crime by promoting the defence of legal goods, victim protection and reintegration crime agent in society.

3 article 2 specific objectives during the period covered by the present law, are specific objectives of criminal policy: to) prevent, Suppress and reduce violent crime, serious or organised crime, including the murder, the offence to physical integrity serious, domestic violence, ill-treatment, kidnapping, crimes against freedom and sexual self-determination, the theft, the forest fire , corruption, trafficking in influence, money laundering, terrorism, terrorist organizations and criminal association dedicated to trafficking in persons, narcotic drugs and psychotropic substances and arms; b) Promoting the protection of victims especially defenseless, including children and adolescents, pregnant women and the elderly, sick and disabled people; c) Ensure monitoring and assistance to agents accused or convicted of crimes, in particular where there is a risk of further criminal activity.

Chapter II priorities of criminal policy article 3 prevention priority Crimes, taking into account the dignity of legal goods under and the need to protect the potential victims, are considered priority prevention crimes for the purposes of this law: a) the offense to physical integrity against teachers, in exercise of functions or because of them, and other members of the school community , the offense to physical integrity against doctors and other health professionals, in exercise of functions or because of them, participation in Brawl, domestic violence, ill-treatment, breach of security rules, human trafficking and crimes against freedom and sexual self-determination, in the context of crimes against people; 4 b) with theft introduction or penetration of housing, commercial or industrial establishment in theft, vehicle theft, theft of things placed or carried on vehicle, armed robbery or in collective transport, mass deception and the abuse of credit or warranty card, under the crimes against property; c) racial discrimination, religious or sexual, and torture and other cruel, degrading or inhuman treatment, in the context of crimes against cultural identity and personal integrity; d) document forgery, counterfeiting of currency, passing counterfeit currency, the forest fire, the damage against nature, pollution, corruption of food or medicinal substances, dangerous driving of road vehicle and the vehicle driving in a State of intoxication or under the influence of narcotic drugs or psychotropic substances, under the crimes against society; and) sabotage, trafficking in influence, strength and coercion on official, disobedience, money laundering, corruption, embezzlement and economic participation in business, under the crimes against the State; f) terrorist organizations, terrorism, trafficking in narcotic drugs and psychotropic substances, trafficking in arms, aid to illegal immigration, the tax fraud, smuggling, fraudulent use, tax fraud, embezzlement, tax fraud against social security, embezzlement against social security, cybercrime, driving without a license and legal against the genuineness , quality or composition of foodstuffs and food additives within the scope of the legislation.

Article 4 research priority Crimes, given the seriousness of the crimes and the need to prevent your future practice, are considered priority research crimes for the purposes of this law: a) murder, the offence to physical integrity against teachers, in exercise of functions or because of them, and other members of the school community, the offense to physical integrity against doctors and other health professionals in exercise of functions or because of them, the insult to serious physical domestic violence 5, ill-treatment, breach of security rules, kidnapping, abduction, hostage-taking, trafficking in persons and offences against freedom and sexual self-determination, in the context of crimes against people; b) the robbery referred to in points (a) to (d)), f) and i) of paragraph 1 and in paragraph 2 of article 204 of the Penal Code, the breach of trust prescribed in article.

the 4 and 5 of article 205 of the Penal Code, the theft, the qualified fraud referred to in paragraph 2 of article 218 of the Penal Code, the computer and telecommunications fraud referred to in paragraph b) of paragraph 5 of article 221 of the criminal code and the warranty card or abuse of credit, under the crimes against property; c) racial discrimination, religious or sexual, and torture and other cruel, degrading or inhuman treatment, in the context of crimes against cultural identity and personal integrity; d) document counterfeiting punishable with imprisonment exceeding three years and associated with trafficking in persons, to aid the illegal immigration, terrorism and trafficking, counterfeiting of currency, passing counterfeit currency, the forest fire, the damage against nature, pollution, corruption of food or medicinal substances and criminal association in the context of crimes against society; and) sabotage, trafficking in influence, strength and coercion on official, disobedience, money laundering, corruption, embezzlement and economic participation in business, under the crimes against the State; f) terrorist organizations, terrorism, trafficking in narcotic drugs and psychotropic substances, trafficking in arms, aid to illegal immigration, the tax fraud referred to in paragraph 3 of article 87 of the General Regime of Tax Offences (TAX INFRINGEMENT CODE DOES), annexed to Act No. 15/2001, of 5 June, the smuggling, fraudulent use, tax evasion, abuse of trust taxation provided for in paragraph 5 of article 105 of the TAX INFRINGEMENT CODE DOES fraud against social security provided for in paragraph 3 of article 106 of TAX INFRINGEMENT CODE DOES, the breach of trust against the social security provided for in paragraph 2 of article 107 of the TAX INFRINGEMENT CODE DOES and computer crime, within the framework of the legislation.

6 article 5 Victims especially helpless 1-in the prevention and investigation of crimes referred to in (a)), b) and (c) articles 3 and 4) promotes, in particular, the protection of victims especially defenseless, including children, pregnant women, the elderly, the sick, the disabled and immigrants. 2-the Public Ministry promotes, in accordance with the code of criminal procedure and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, information to offended by the practice of the crimes referred to in (a)), b) and (c)) of articles 3 and 4 of the following facts: the defendant leak) subject to coercive measure involving deprivation of liberty and sentenced in jail or in private security measure of freedom in all cases; b) release of defendant for having been exhausted the periods of maximum duration of pre-trial detention or obligation to stay in housing and condemned placed in liberty, where the release can create a danger to the victim. 3-the information provided for in the preceding paragraph is accompanied by an indication of the measures taken to avoid the danger.

Article 6 Means of crime prevention and investigation of offences referred to in articles 3 and 4 continue, so strengthened, the repression of: a) acts of violence against the people; b) criminal associations and terrorist organizations; c) particularly dangerous Means, including firearms, nuclear, bacteriological and chemical; d) Means especially complex, such as information technology and the internet.

7 article 7 1 crime prevention-prevention of crime, the forces and the security services develop community safety programs and proximity policing designed to protect victims especially defenseless and controlling the sources of danger referred to in paragraph 1 (b)), c) and (d)) of the preceding article. 2-it is incumbent upon the Government to ensure the development and implementation of the programmes referred to in the preceding paragraph, through the members of the Government responsible for the areas of Internal Affairs and justice, issuing, in a coordinated manner, directives, orders and instructions needed. 3-it is the Attorney General of the Republic to adopt directives and generic statements about the preventive actions within the competence of the public prosecutor, with a view to achieving the objectives of this Act. 4-generic instructions and directives provided for in the preceding paragraph shall be binding on prosecutors, pursuant to its Statute, and the criminal police bodies as the coadjuvarem, under the code of criminal procedure and the law of Organization of Criminal investigation.

Article 8 1 Survey-it is the Attorney General of the Republic to adopt directives and generic statements designed to enforce the priorities laid down in article 4 2-generic directives and instructions laid down in the preceding paragraph shall be binding on prosecutors, pursuant to its Statute, and the criminal police bodies as the coadjuvarem, under the code of criminal procedure and the law of Organization of Criminal investigation. 3-the identification of the specific processes that apply the priorities laid down in article 4 is made by prosecutors, according to the directives and generic instructions referred to in paragraph 1. 4-assignment of priority to a process gives precedence in criminal investigation and procedural processes that are not considered a priority. 8 5-the provisions of the preceding paragraph shall not apply when the danger of prescription for non-priority processes or detract from the recognition of urgency to other processes, in accordance with legally prescribed. 6-the assignment of priority in the investigation phase must match precedence to promote subsequent procedural phases.

Article 9 special 1 Prevention-the Prosecutor requires the judge, under the code of criminal procedure and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, who order the social reintegration services the individual plans of upgrading agents convicted for crimes provided for in article 4, whenever they are needed to promote their reintegration in society. 2-The prison services promote, in particular, access to education, vocational training and work, the convicted to imprisonment for crimes provided for in article 4, in accordance with the individual plan of social readaptation and towards your reintegration into society.

Chapter III guidelines on small crime article 10 Scope of the guidelines the guidelines about the less serious crime are intended to facilitate the repair of offence caused to the victim of the crime, the social reintegration of the agent and the procedural swiftness and covering, in particular: a) abortion with consent of the pregnant woman out of the situations legally punishable provided the offense to simple physical integrity participation in Brawl, threat, fraud, sexual harassment, defamation and slander, in the context of crimes against people; 9 b) theft, breach of trust, the damage and the unqualified fraud and deception to obtain food, beverages or services, within the framework of the crimes against property; c) subtraction of minor and document forgery punishable by imprisonment not exceeding three years and driving of a vehicle in a State of intoxication or under the influence of narcotic drugs or psychotropic substances, under the crimes against society; d) the issuance of bad check provision and trafficking in narcotic drugs and psychotropic substances of less gravity or practiced by the consumer and dealer driving without a license, the legal framework of the legislation.

Article 11 measures applicable 1-prosecutors favour, within the limits of their jurisdiction and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, the application to the crimes provided for in the previous article of the following measures: a) in the case of exemption from Filing; b) provisional suspension of the process; c) trial for the singular Court under paragraph 3 of article 16 of the code of criminal procedure; d) process summary under paragraph 2 of article 381.º of the code of criminal procedure; e) abbreviated Process; f) accelerated Process; g) criminal Mediation. 2-it is the Attorney General of the Republic to adopt directives and generic instructions for the application of the measures provided for in the preceding paragraph. 3-the directives and instructions laid down in the preceding paragraph shall be binding on generic public prosecutors, in accordance with its Statute. 4-the identification of the specific processes that apply the measures provided for in paragraph 1 is made by prosecutors, according to the directives and 10 generic instructions referred to in paragraph 2 and depends on the verification of the respective legal requirements.

Article 12 non-custodial Sanctions prosecutors promotes, in accordance with the directives and generic instructions approved by the Attorney General of the Republic, the application of non-custodial penalties to offences referred to in article 10, including, inter alia: the) prison for days off; b) semidetenção regime; c) A stay of execution of imprisonment shall be subject to rules of conduct; (d)) the provision of community work; and the regime of stay in) housing.


Article 13 Defendants and convicts in special situation the Prosecutor also promotes preferably in accordance with directives and instructions adopted by the generic Attorney General of the Republic, the application of the measures provided for in articles 11 and 12 the accused or convicted of crimes punishable with imprisonment not exceeding five years, which is in one of the following circumstances : a) pregnancy; b) below the age of 21 years or more than 65 years; c) severe disease or disability; d) existence of a minor to your Office; e) existence of familiar only to your care; f) Inexistence of previous conviction for committing crimes or of application of the arrangements referred to in (a)) and b) of paragraph 1 of article 11 Chapter IV General guidelines on criminal policy 11 article 14 coercion measures 1-the public prosecutor, in accordance with the directives and generic instructions approved by the Attorney General of the Republic, requires preferably the application of coercive measures several pre-trial detention where the realization of the objective referred to in point (c)) Article 2 does not require the application of this measure. 2-the public prosecutor, in accordance with the directives and generic instructions approved by the Attorney General of the Republic, shall propose to the judge, at any appropriate stage of the proceedings, that the coercive measures of preventive detention and the obligation of residence housing are associated with programs of access to education, vocational training and work, whenever the defendant appear interested and these programs are suitable to prevent the practice of future crimes. 3-The programmes referred to in the preceding paragraph are developed for social reintegration services, in the case of obligation to stay in housing, and by the prison services, in the case of pre-trial detention.

Article 15 unity and separation of cases prosecutors require, in general terms provided for in the code of criminal procedure and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, the separation of the processes, in particular in the following situations: a) when the unit or joinder does not allow deadlines laid down for the investigation; or (b)) when the unit or joinder create the risk of prescription of the criminal procedure.

Article 16 Impeachment of judgments prosecutors claims or appeals, under the code of criminal procedure and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, of 12 judicial decisions that don't follow their promotions aimed at pursuing the objectives, priorities or criminal policy guidelines laid down in this law.

Article 17 sanctions 1-run sanctions must be applied and enforced in order to avoid the stigma of the condemned. 2-The prison services balance, by checking the respective legal requirements, the implementation of schemes open to sentenced to imprisonment, where this scheme does not create or increase the risk of further criminal activity.

Chapter V transitional and final provisions article 18 allocation of means for the Government, through the members of the Government responsible for the areas of Justice and internal affairs, to take, in a coordinated manner, the measures necessary for the adequate allocation of human and material resources necessary for the performance of this Act by the public prosecutor, criminal police bodies and Government departments to support the actions of prevention and criminal investigation activity.

Article 19 1 Crime Trends-according to the evolution of crime and your territorial incidence, the Attorney General of the Republic applies the types and modes of conduct the incriminating that apply the procedures and guidelines referred to in this law concerning priority research or small crime, through directives and instructions generic, modifiable at any time. 13 2-Checked the danger of hatching or hatching, national or local scope, violent criminal phenomena, organized or serious, the Prosecutor-General can determine, through directives and instructions, they should apply the treatment provided for in this law for the crimes of prevention and research priorities, without prejudice to article 10 of law No. 17/2006 , May 23. 3-generic instructions and directives issued pursuant to the preceding paragraphs shall be binding on prosecutors, pursuant to its Statute, and the criminal police bodies as the coadjuvarem, under the code of criminal procedure and the law of Organization of Criminal investigation.

Article 20 Grounds In fulfilment of paragraph 2 of article 5 of law No. 17/2006, of 23 May, the justification of the priorities and criminal policy guidelines contained in the annex to this law, which is an integral part.

Article 21 entry into force this law shall enter into force on 1 September 2007.

Seen and approved by the Council of Ministers of 12 April 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 14 ANNEX (referred to in article 20) 1. In obedience to the content recommended by law Criminal Policy, this law provides for the general purposes of the criminal policy and the objectives to be pursued during the period of your term. So, indicates how purposes the prevention and repression of crime. The objectives relating to the period between 1 September 2007 and September 2009 1 refer to various developmental stages of criminal policy, extending from the security forces policing to the enforcement of sentences and security measures. The guidelines addressed to the forces and security services, focussing on the victim protection programmes especially defenseless and the control of sources of danger for legal goods. The distinction between violent crimes and other forms of crime-such as corruption, trafficking in influence, money laundering and financial and economic crime in General – is the basis of differentiated prevention programs. The guidelines relating to the conduct of criminal proceedings by the public prosecutor's Office and the investigation by the criminal police bodies, the priorities take into account the gravity of the crimes, the consequences, your social impact and relevance of the legal goods questioned. The Prosecutor is the specific recipient of the guidelines about the institutes and consensus-archive in case of exemption, temporary suspension, criminal mediation process, summary processes, abbreviated and accelerated, and convening of the Court – singular, based on criteria such as the relative minor of the crimes, the absence or possibility of repairing the damage and the diminutive social alarm.

2. this law distinguishes between priorities in prevention and research priorities. Although several crimes deserve priority treatment in both levels, there are others that can only be considered a priority, Alternatively, for the purpose of prevention or investigation. Thus, participation in Brawl, swindle, the reckless driving of road vehicle, vehicle driving in a State of intoxication or under the influence of narcotic drugs or psychotropic substances, driving without a license and legal vehicle crimes against authenticity, quality or composition of food and food additives 15 genera justify that prevention programs can achieve in large policing measures shows in the clarification of the population and monitoring. On the contrary, very serious crimes, such as murder, the offence to physical integrity, kidnapping or serious own racketeering designed a plan merely abstract, deserve priority research but are not compatible with specific prevention programs. Only indirectly – fighting, in particular domestic violence, ill-treatment and the brawls – if the most serious crimes to prevent people such as homicide and serious personal offense. In all cases, the formal order followed in the indication of the types of crime meets only the sequence of systematization of the Penal Code. There's multiple priority levels, according to the option taken in the law framework of Criminal Policy.


3. In the definition of priorities in the prevention and criminal investigation, honor the commitment given in the 17TH Constitutional Government program, to 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 constitutional State, such as the trafficking of influence , corruption and money laundering, suppress trafficking in narcotic drugs and psychotropic substances, reduce road accidents, forest fires, promote food security and the protection of the environment and prevent terrorism. Violent crimes against people and against the assets deserve priority treatment. In recent decades, urban concentrations, migration, growth levels of consumption and rising crime have made up the mass general rates of crime and increased at the same time, feelings of insecurity. People especially defenseless-children, pregnant women, the elderly, the sick, the disabled and immigrants – are the easier targets of this crime and the development of specific prevention programs. According to a line of protection of victims of offences against physical integrity, gives priority in preventing and investigating the crimes in schools and hospitals, in particular against teachers and doctors in exercise of functions or because of them. This phenomenon has disturbing consequences at Community level and the 16 qualifying these crimes and public, which already follows from the Penal Code, is not in itself sufficient to give you a quick response. The control of sources of danger for legal goods, the following should be noted the priority in the investigation of the crime of criminal association, regardless of the activity such an association engaged. The crime of arms trafficking and computer crime in General deserve priority in prevention and research, according to the same criteria. The defense of the democratic constitutional State requires, for your part, assigning priority in preventing and investigating phenomena as trafficking in influence, corruption, money laundering and embezzlement and economic participation in business. These crimes undermine the relationship of trust between citizens and the State and affect the proper functioning of the economy. The importance of the traffic in narcotic drugs and psychotropic substances is easy to show, having regard to the report of the European Ombudsman on the Portuguese prison system, introduced in 2003, which concluded that about half of the prison population is incarcerated for crimes wirings with the consumption and trafficking of those substances. Violent crime against assets has as one of the main causes for the need to sustain the consumption of narcotic drugs or psychotropic substances. The road accident rate has declined and the number of deaths in road accidents increased from 2,534 in 1988, to 891 in 2006. However, these numbers are still cause for concern and one of its causes is the road crime – the dangerous driving, drink-driving or under the influence of narcotic drugs or psychotropic substances and driving without a license, whose legal prevention if assigns priority. The forest fires, mainly occurring during the summer, are a source of injury to community interests, being responsible for a significant reduction of forest area. Despite the ongoing effort and success in combating this phenomenon, the area burned was still close to 80,000 hectares in the year 2006. In the revision of the Penal Code was created a new crime of forest fire to make more effective the protection of legal goods; now, assigns priority to the prevention and investigation of this crime. Integrated security perspective, BSE, avian flu, carcinogenic dioxins and the use of hormones in livestock production, among other recent crises, came to highlight the relevance of conduct that violate the 17 food safety and public health. In this context, give priority to prevention, whose effectiveness depends on the audit carried out by the criminal police body with specific competence. But also the corruption of food or medicinal substances, whose proportions are amplified by disclosure on the Internet, deserves priority on prevention and research. On environmental issues, crimes against nature damage and pollution have been recast, in order to enable your effective pursuit, in the revision of the Penal Code. Given the low rates of participation and condemnation, such crimes deserve priority now on prevention and research. Finally, one cannot exclude the possibility of terrorist attacks in the country. However, the dimensions and consequences of the attacks triggered in recent years by terrorist organisations of fundamentalist inspired make mandatory priority prevention and investigation of crimes of a terrorist organisation and terrorism.

4. Also the guidelines on the small crime if Charter in the 17TH Constitutional Government program. The program stresses the need to apply penalties or alternatives instead of imprisonment, including working in favour of the community, improve the prison services and promote desjudicialização and alternative dispute resolution, including through new forms of mediation. In this context, it is essential to strengthen the application of the institutes and established consensus, whose expansion was promoted in the review in the code of criminal procedure-filing penalty waiver case, provisional suspension of the process, abbreviated and accelerated processes, contents and convening of the Court. The crimes selected as prime targets of the guidelines on crime are relatively minor – as a rule, punishable with imprisonment up to three years or with lower maximum penalty – and have consequences liable to repair, in the majority of cases. In the context of crimes against people, are the subject of these guidelines the offence to physical integrity simple and minor crimes against freedom, against sexual freedom and honor. Also the abortion with the consent of the pregnant woman, off the situations legally punishable provided for, is the subject of these guidelines, taking into account that imprisonment does not have a ressocializador effect. 18 offences against minor heritage road less severe crime and the issuance of bad check warrant provision, similarly, this treatment procedure. Finally, also the consumer figure-dealer justifies the application of guidelines about small crime, especially as the law No. 30/2000, of 29 November, descriminou narcotic consumption, turning it into mere social ordering illegal. Sometimes, small instrumental trafficking situations of consumption claim, above all, a therapeutic intervention and not punishment, pure and simple.