The Second Amendment To Decree-Law No. 35/2004, Of 21 February, Amending The Legal Framework For The Pursuit Of The Activity Of Private Security

Original Language Title: Procede à segunda alteração ao Decreto-Lei n.º 35/2004, de 21 de Fevereiro, que altera o regime jurídico do exercício da actividade de segurança privada

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445354d5331594c6d527659773d3d&fich=ppl191-X.doc&Inline=false

1 PROPOSAL of law No. 191/X reasons illicit exercise of private security activity calls into question legal goods greater personal dignity, such as life, physical integrity and freedom, and cause a social alarm relevant. The subjection of the activity of private security the requirements as the license, the license or professional card is intended to ensure that this activity is carried out so as not to jeopardize such fundamental legal goods. The provision of security services without the necessary permit or license or exercise surveillance functions for professional card holders are not therefore comparable behaviors to the crime of usurpation of functions provided for in article 358.º of the Penal Code and punishable by imprisonment up to two years or with fine penalty up to 240 days. It is, in fact, pipelines capable of an danosidade social and ethical negative resonance materially identical. It is proposed, in this way, the criminalization of the illicit exercise of the activity of private security with the same penalty. Also proposes, under the general terms of the Penal Code, the criminal liability of legal persons and similar. To avoid the impunity of behaviors prior to the entry into force of the new regime, a transitional rule provides that the contravention of the provision of security services without the necessary permit or license or to exercise surveillance functions for card holders continue to not be punished in the same way. This scheme is compatible with the principle of non-retroactive effect of the law less favourable that prevents undesirable sanctions void. Are still clarified the means to be used in certain specific categories of activity of private security in particularly sensitive areas, particularly in port and airport areas and strengthened the powers of the Board of Private Security. Was heard the private security Board and the entities it represented, as well as the National Association of Portuguese municipalities. So: 2 pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter this law amends Decree-Law No. 35/2004, of 21 February, as amended by Decree-Law No. 198/2005, of 10 November.

Article 2 amendment to Decree-Law No. 35/2004, of 21 February articles 6, 12, 14, 16, 20, 21, 28, 31 and 33 of Decree-Law No. 35/2004, of 21 February, are replaced by the following:% quot% article 6 [...]

1 - […]. 2 - […]. 3-the different categories of private security guards, in particular, safety coordinator, security, Concierge, among others, your identification card model, functions, resources, training and other requirements, as well as respective fees are set by ministerial order by the Member of Government responsible for the area of internal affairs. 4-[previous paragraph 3]. 5-[previous paragraph 4]. 6-the wizards of sports grounds, the control of access to sports venues, can make personal safety and prevention magazines with the strict aim to prevent the entry of objects and substances prohibited or liable to generate or facilitate acts of violence, and, to this end, recourse to the use of snowshoes and metals detection of explosives. 7-By express permission of the Member of Government responsible for Internal Administration area and for a limited period in time, the 3 surveillance personnel qualified for the exercise of functions of control of access to airport facilities and ports, as well as other places of access denied or conditioned to the public which justify enhanced protection, can make personal journals and prevention and safety searches using appropriate technical means, namely, rackets and metal detection of explosives, as well as non-intrusive inspection equipment of luggage, with the strict aim to detect and prevent the entry of prohibited persons or objects and substances prohibited or liable to generate or facilitate acts that jeopardize the safety of persons and property.

Article 12 [...]

Charter holders entities shall ensure the permanent presence on its premises of personnel to ensure the contact at any time via radio or other suitable means of communication, with surveillance personnel, users of the services and the security forces.

Article 14 [...]

1-surveillance personnel is subject to the general regime of use and possession of weapon and can turn to, inter alia, aerosols and electrical weapons, means of non-lethal defense and, pursuant to law No. 5/2006, of 23 February. 2 - […]. 3 - […]. 4-the authorization referred to in paragraph 2 shall be notified at the earliest opportunity, which may not exceed 24 hours, to the competent authority for the supervision of the activity of private security.

4 Article 16 [...]

1-the entities who hold permit or licence shall ensure that distribution and use by your surveillance, personal body armour ballistic protection, whenever the risk of activities to develop the appropriate. 2-may be allowed the use of technical means of security is not provided for in this decree-law, by order of the Member of Government responsible for Internal Administration, heard the Private Security Council.

Article 20 [...]

1 - […]. 2 - […]. 3-[...]: a) A representative of the Council for ethics and safety in sport; b) […]; c) […]. 4 - […]. 5 - […]. 6 - […].

Article 21 [...]

[…]: a) […]; b) […]; c) comment on the granting and cancellation of permits and licenses, where requested by the Member of Government responsible for the area of internal affairs. 5 d) [...]; e) […]; f) […]; g) […].

Article 28 [...]

1 - […]. 2 - […]. 3-the National Directorate of Public Security Police issuing the license, the license and their endorsements and communicate its terms to the General command of the Republican National Guard, the National Directorate of the judicial police, the General Inspectorate of internal administration and the civilian Government. 4 - […].

Article 31 [...]

The supervision of the activity of private security and training is ensured by the National Directorate of the gendarmerie, with the collaboration of the National Republican Guard, and without prejudice to the powers of the security services and forces and the General Inspectorate of internal administration.

Article 33 [...]


1-in accordance with the provisions of this decree-law, constitute administrative offences very serious: a) [...]; b) [Former subparagraph (d))]; c) [previous article)]; 6 d) [previous subparagraph (f))]; e) [previous subparagraph (g))]; f) [previous paragraph (h))]; g) [previous subparagraph (i))]; h) [previous (j))]; I) the non-compliance with the requirements to vehicles used for the carriage of values; j) non-compliance of the requirements for the transport of values equal to or greater than EUR 10000. 2 - […]: a) […]; b) […]; c) […]; d) […]; and) failure requirements for the transport of less than EUR 10000 values. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9 - […].»

Article 3 Amendment to Decree-Law No. 35/2004, of 21 February 1-Chapter VI of Decree-Law No. 35/2004, of 21 February, becomes part of a section I and section II, titled ' Crimes ' and ' administrative offences ', respectively. 2-section I of Chapter VI of Decree-Law No. 35/2004, of 21 February, integrates the following provisions: 7 ' Article 32a her illicit Exercise of private security activity 1-Who provide security services without the necessary permit or license or exercise surveillance functions not being professional card holder is punished with imprisonment up to 2 years or with a fine penalty up to 240 days If more severe penalty you don't fit under any other statutory provision. 2-in the same sentence incurs who use the services of the person referred to in the preceding paragraph, knowing that the provision of security services is carried out without the necessary permit or license or that the surveillance functions are not performed by professional card holder.

Article 32-B criminal liability of legal persons and similar legal persons and similar entities are responsible, in general terms, for the crime referred to in paragraph 1 of the preceding article.» 3-section II of Chapter VI of Decree-Law No. 35/2004, of 21 February, becomes part of the articles 33 to 36 Article 4 reserved Competence of the judicial police is a matter reserved for the judicial police investigation of the crimes provided for in articles 32-and 32B, under the law of Organization of Criminal investigation.

Article 5 transitional provisions The contravention of the provision of security services without the necessary permits or license and exercise surveillance functions for professional card holders not committed before the entry into force of this Act, continue to be sanctioned under the scheme provided for in articles 33 et seq. of Decree-Law No. 35/2004, of 21 February. 8 Seen and approved by the Council of Ministers of 27 March 2008 Prime Minister the Minister of Parliamentary Affairs Minister Presidency