DRAFT LAW NO. 362 /X

Changes legislation in the sense of the

enhancement of anti-corruption instruments

Exhibition of Motives

The finding that corruption undermines the very foundations of democracy

and vulnerability to attracting national and foreign investment attraction

justified the inclusion in the Programme of the XVII Constitutional Government, under the epitome

" Quality of Democracy, Citizenship, Justice and Security ", from combating corruption

as a form of revitalization of the values and own principles of the State of

Right.

The deepening of the regime of fundamental rights, touchstone and

guarantees of the essential values of democracy, goes naturally by the creation of

conditions of trust and safety of people and communities at the various levels of

acting and the responsibility of the state, through a serious prevention effort and

combating the delightful action, in its various forms and, in particular, crime

organized and economic-financial, truly promoting equality

before the law and the combating of corruption.

In compliance, a set of mechanisms in the direction of reinforcement is created

of transparency and the means of combating corruption, specifically:

-Adita to the General Tax Act the mandatory submission to the Ministry

Public of the elements relating to the manifestations of fortune for the purpose of

enquiry and dealing with an employee or holder of office under

tutelage of public entity, to the respective tutelage for enquiries in the framework of

respective competence;

-Creates within the framework of the Ministry of Justice a database of registration

mandatory of irrevocable searches that contain transfer powers

of the title of real estate;

-Enshrine guarantees to civil servants who report the cases of

corruption of which they have knowledge in the scope of the performance of their

functions or because of them;

-Extends the special proof collection regime, of breaking of secret

professional and loss of goods in favour of the State enshrined in Law No 5/2002,

of January 11 (Establishes measures to combat organized crime and

economic-financial), to other crimes, specifically to the trafficking of influence,

to active corruption and economic participation in business;

-Facilitates access to the Justice of the associations whose main object is the

combating corruption, conferring exemption from the payment of any fee from

justice when they constitute assistants in the exercise of the right that our

adjective criminal legislation confers on the strength of Article 68 (1) (e) of the

Code of the Criminal Procedure, as well as the right of the procuratorate condition;

-Finally, the insertion in the report of the Prosecutor General of the Republic

provided for in the Framework Law of Criminal Politics-Law No 17/2006 of March 23-

of a part specifies relating to the crimes of corruption, which it behaves

mandatorily the treatment of 12 items defined in the present project.

Thus, under the applicable constitutional, legal and regimental provisions,

the Deputies of the Parliamentary Group of the undersigned Socialist Party present

the following draft law:

Article 1.

Registration of Irrevocable Prosecutions

A database of procurations is created within the Ministry of Justice,

being of compulsory registration the irrevocable procurations containing powers of

transfer of the title of real estate, to be regulated by the Government within 90

days from the date of the entry into force of this Law.

Article 2.

Amendment of Law No. 5/2002 of November 11

Article 1 of Law No. 5/2002 of November 11 is to have the following

wording:

" Article 1.

[...]

1-[...]

a) [...]

b) [...]

c) [...]

d) trafficking in influence;

e) active and passive corruption;

f) quirk;

g) economic participation in business;

h) [ Current point (e) ];

i) [ Current point f )];

l [ Current point g )];

l) [A ctual point h )];

m) [A ctual point i )];

n) [A ctual point j )];

2-The provisions of this diploma shall only apply to the crimes provided for in points (l)

a n) of the preceding paragraph if the crime is practiced in an organised manner.

3-[...]. "

Article 3.

Addition to the General Tributtal Law

The paragraph 10 is added to Article 89 of the General Tax Act, approved by the

Decree-Law No 389/98 of December 17, with the following wording:

" Article 89-The

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

10-A Decision to evaluate the taxable amount with recourse to the indirect method

constant of this article, after becoming final, must be communicated by the Director

of finances to the Public Prosecutor's Office and, dealing with an employee or job holder

under tutelage of public entity, also to the tutelage of these for the purpose of enquiries

within the framework of their respective competence. "

Article 4.

Warranty of the Denunciants

1-The workers of the Public Administration and business enterprises of the business sector of the

State that denounce the committing of offences of which they have knowledge in the

exercise of their duties or because of them they cannot, in any form whatsoever, including

the non-voluntary transfer, be impaired.

2-Presume-if abusive, until proven to the contrary, the application of disciplinary sanction to the

workers referred to in the preceding paragraph, when it takes place up to one year after the

respective complaint.

3-The workers referred to in the preceding paragraphs are entitled:

a) to anonymity, except for researchers, up to the deduction for prosecution.

b) of transfer at your request, without faculty of refusal, after deduction of

prosecution.

Article 5.

Constitution of assistant by associations

1-A The constitution of assistant in the crimes referred to in paragraph (e) of Article 68 (º1)

of the Code of Criminal Procedure of the non-profit associations whose main object

is combating corruption, is not subject to the payment of any rate of justice.

2-The judge will decide in favour of the associations referred to in the previous number procuratorate.

Article 6.

Report on the crimes of corruption

The report referred to in Article 14 (2) of Law No 17/2002 of 23 of

May, which approves the Criminal Policy Framework Act, must contain a specific party

on the crimes associated with corruption, of which they compulsorily constars the

following points:

a) Statistical maps of the distributed, archived processes, the subject matter of prosecution,

pronunciation or non-pronunciation, as well as convictions and acquitters and respective

pendency in each of the phases, including the facts resulting from the application of the Laws

n. ºs 5/2002, January 11 and 11/2004, of March 27, and shall also be produced,

in these latter cases, statistical map of the communications to PGR discriminated by second

the standard specifies and the entities that have been at their origin;

b) Areas of incidence of active and passive corruption;

c) Analysis of the duration of the phase of the investigation and exercise of the criminal action, instruction and

judgment with specification of the causes;

d) Analysis of the causes of the non-exercise of the criminal action, of the unpronounced and of the

absolvitions;

e) Indication of the value of the seized goods and those lost in favour of the state;

f) Main jurisprudential issues and their treatment by the Public Prosecutor's Office;

g) Evaluation of the co-adjuvation of the criminal police organs in quantitative terms and

qualitative;

(h) Appreciation, in quantitative and qualitative terms, of the collaboration of the organisms and

interpellated institutions for the provision of experts;

i) Reference to international cooperation, with specification of the period of time

necessary to the satisfaction of applications.

j) Specific training of magistrates, with identification of the forming entities and

of the courses made available, as well as of the possible constraints to your

realization;

k) Elenco of the directives of the Public Prosecutor's Office;

l) Proposed relating to material and human means of the public ministry and organs of

criminal police and legislative measures, resulting from the analysis of judicial practice.

The Deputies,