Key Benefits:
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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.