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Exhibition of Motives

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

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 determines 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, does not contain directives, instructions or orders

about determined processes and does not exempt from procedure any crime.

Having the first law on criminal policy being passed by Law No. 51/2007, 31 of

August, invigorating for biennium 2007-2009, complies now to pass the law on policy

criminal for the biennium 2009-2011. In accordance with Article 15 of Law No 17/2006, the

Government presents to the Assembly of the Republic, until April 15, the respective Proposal of

Law, which is passed until June 15, to enter into force September 1, 2009

The execution of the 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 coadjured by the police bodies

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

that now define themselves and that are always realized through generic guidelines of the

Attorney General of the Republic, modifiable at all time in accordance with the evolution of the

criminality. 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, in the

terms of the respective Statute.

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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 measures, deprivation of liberty or not, in charge of the

prison services and social reinsertion.

The proposed law that presents itself follows a line of continuity in relation to the law

on criminal policy in force, while maintaining, in essence, its structure. Between the

major innovations, are to highlight the following:

The concern to reduce violent, serious or organised crime erige in aim

specific to criminal policy the prevention and repression of crimes committed with weapons,

in the line of direction of the recent amendment to the gun law, and in crime of prevention

priority the detention of prohibited weapon. To achieve these ends, a strategy is delineated.

prevention, in which proximity policing plans and programmes are highlighted

police specials targeted at victims, sites and sectors of vulnerable activity, the

special prevention operations relating to weapons and joint combat teams to the

violent and serious crime in the areas of prevention and criminal investigation.

In the identification of priority prevention crimes, the inclusion of the aggressions stands out

practiced against agents of the security forces and services and in the space of the Courts (ao

side of the already planned aggressions against members of the school communities or against

health professionals), the abduction and the taking of hostages, the specification of forms of crime

of theft (such as the theft with introduction into housing, the theft of vehicle or the theft in

school space), the illicit exercise of private security activity, the counterfeiting of

medications or the crimes against the financial system and the market of values

securities.

They are still densified prevention strategies for certain criminal phenomena.

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Already in the cast of priority research crimes, it is now included the offences to integrity

physics against magistrates and agents of the forces and security services, the illicit exercise of the

private security activity, the marriage of convenience and the counterfeiting of

medications.

Both in prevention priorities and in research, there of the indication of

criminal phenomena-on the basis of their gravity and the dignity of legal goods

affected-, they now cover crimes that are practiced with certain modes

of execution or characteristics: it is the case of the crimes carried out with violence, serious threat

of violence or recourse to arms; with high degree of mobility, high specialty

technique or transnational or international dimension; in an organised manner or grupal, with

habituality; against especially vulnerable victims; or with motivations

discriminatoryor on grounds of racial, religious, political or generated hatred of color, origin

ethnic or national, by the sex or sexual orientation of the victim.

The importance of the execution of penalties in criminal prevention leads to the inclusion of

directives for responsible services, particularly through the prediction of programmes

suitable for criminals with specific problematics.

This proposed law was submitted to the hearing of the Superior Council of the Magistrature,

of the Higher Council of the Public Prosecutor's Office, the Coordinating Council of the Organs of

Criminal Police, of the Superior Council of Homeland Security, of the Coordinating Office of

Security and the Order of Lawyers, as prescribed by Article 8 of Law No 17/2006,

of May 23.

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

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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, the protection of victims and the reintegration of the

agents of crime in society.

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, the bleaching, the crimes committed with weapons, the

terrorism, the terrorist organizations and the criminal association dedicated to the

trafficking in persons, narcotic drugs and psychotropic or weapon substances

or to the aid of illegal immigration;

b) To promote the protection of especially vulnerable victims, including

children and adolescents, pregnant women and elderly people, patients,

disabled and immigrants;

c) Ensure monitoring and assistance to accused agents or

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

continuation of criminal activity;

d) Promoting procedural expediance.

Chapter II

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Priorities of criminal policy

Article 3.

Priority prevention crimes

1-Taking into account the dignity of the tuteled legal goods and the need for

protect potential victims, are considered priority prevention crimes,

for the purposes of this Law:

a) In the scope of crimes against people, the offence to physical integrity against

teachers, in exercise of duties or because of them, and other members

of the school community, the offense to physical integrity against doctors and others

health professionals, in exercise of duties or because of them, the offence to

physical integrity against agents of the forces and security services or of

organs of criminal police, in exercise of functions or because of them, the

offense to physical integrity practiced in Courts of Courts, the

participation in rift, domestic violence, ill-treatment, the infringement of

safety rules, abduction, hostage-taking, trafficking in persons and the

crimes against the freedom and sexual self-determination of minors;

b) Within the scope of crimes against heritage, theft or theft with introduction

or penetration into housing, theft or theft in commercial establishment

or industrial, the theft or theft of vehicle, the theft or theft of thing placed

or carried in a vehicle or carried by passengers of

collective transport, even if the crime takes place at the station, gare or quay,

the theft with a weapon, in collective transport or school space, the burla of

mass, extortion and the abuse of warranty or credit card;

c) In the context of crimes against cultural identity and personal integrity, the

racial, religious or sexual discrimination and torture and other cruel treatment,

degrading or inhuman;

d) In the context of crimes against society, falsification of document, the

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counterfeiting of currency, the passage of counterfeit currency, the forest fire, the

damage against nature, pollution, corruption of food substances

or medicinals, the dangerous driving of road vehicle and the driving of

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

psychotropic substances;

e) In the scope of crimes against the state, sabotage, trafficking in influence, the

resistance and coaching on employee, disobedience, bleaching, the

corruption, the peculate and the economic participation in business;

f) Within the framework of the avulous legislation, the terrorist organizations, terrorism, the

trafficking in narcotic drugs and psychotropic substances, the detention of weapon

prohibited, trafficking and mediation of arms, the aid for illegal immigration, the

illicit exercise of the private security activity, the tax burla, the

contraband, the fraudulent introduction into consumption, tax fraud, abuse

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

against social security, computer crime, driving without

legal habilitation, the counterfeiting of medicines and the crimes against the

genuineness, quality or composition of foodstuffs and additives

food and against the financial system and the securities market.

2-Taking into account the means used, they are considered to be of priority prevention the

crimes performed:

a) With violence, serious threat of violence or recourse to arms;

b) With high degree of mobility, high technical specialty or dimension

transnational or international;

c) In an organised or grupal way, especially if with habituality;

d) Against especially vulnerable victims; or

e) With discriminatory motivations or on the grounds of racial hatred, religious,

political or generated by colour, ethnic or national origin, by sex or by the

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sexual orientation of the victim.

Article 4.

Priority research crimes

1-Taking into account the seriousness of the crimes and the need to prevent their practice

future, priority research crimes are considered for the purpose of the present

law:

a) In the scope of crimes against people, homicide, the offence to integrity

physics against teachers, in exercise of duties or because of them, and others

members of the school community, the offence to physical integrity against doctors

and other health professionals, in exercise of duties or because of them, the

offense to physical integrity against agents of the forces and security services

or of criminal police bodies and against magistrates, in exercise of

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

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;

b) In the context of the crimes against the heritage, the qualified theft provided for in the

points d ), f) and i) of paragraph 1 and in Article 204 (2) of the Criminal Code, the abuse

of trust provided for in paragraphs 4 and 5 of Article 205 of the Criminal Code, the theft,

the qualified burla provided for in Article 218 (2) of the Criminal Code, the burla

informatics and in the telecommunications provided for in ( b) of the Article 5 (5)

221. of the Criminal Code and the abuse of warranty or credit card;

c) In the context of crimes against cultural identity and personal integrity, the

racial, religious or sexual discrimination and torture and other treatments

cruel, degrading or inhuman;

d) In the framework of crimes against society, falsification of document

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punishable with a jail term of more than three years and associated with trafficking in

people, to aid for illegal immigration, terrorism and vehicle trafficking, the

counterfeiting of currency, the passage of counterfeit currency, the forest fire, the

damage against nature, pollution, corruption of food substances

or medicinals and the criminal association;

e) In the scope of crimes against the state, sabotage, trafficking in influence, the

resistance and coaching on employee, disobedience, bleaching, the

corruption, the peculate and the economic participation in business;

f) Within the framework of the avulous legislation, the terrorist organizations, terrorism, the

trafficking in narcotic drugs and psychotropic substances, trafficking and mediation

of weapons, the aid to illegal immigration, the marriage of convenience, the

illicit exercise of the private security activity, the tax burla forecasted

in Article 87 (3) of the General Regime of Tax Offences (RGIT),

annex to Law No. 15/2001 of June 5, smuggling, introduction

fraudulent in consumption, the qualified tax fraud, the abuse of trust

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

Social, in the qualified form, provided for in Article 106 (3) of the RGIT, the

abuse of trust against social security, in the qualified form, provided for

in Article 107 (1) of the RGIT, in the part where it refers to the paragraph 5 of the

Article 105 of the RGIT, the counterfeiting of medicines and crime

informatics.

2-Taking into account the means used, they are considered to be of priority research the

crimes performed:

a) With violence, serious threat of violence or recourse to arms;

b) With high degree of mobility, high technical specialty or dimension

transnational or international;

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c) In an organised or grupal way, especially if with habituality;

d) Against especially vulnerable victims; or

e) With discriminatory motivations or on the grounds of racial hatred, religious,

political or generated by colour, ethnic or national origin, by sex or by the

sexual orientation of the victim.

Article 5.

Especially vulnerable victims

In the prevention and investigation of the crimes referred to in points a ), b ) and c) of Articles 3 and

4. it promotes, in particular, the protection of especially vulnerable victims,

including children, pregnant women, elderly people, patients or carriers of

disability and immigrants.

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 or resourcefulness or explosive products;

d) Especially complex means, such as informatics and Internet ;

e) Means or objects intended to conceal the identity or make it difficult to

identification of the agents.

Article 7.

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Prevention of crime

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

community safety programs and proximity policing plans

intended to protect especially vulnerable victims and to control the sources of

danger referred to in points ( b ), c) and d) of the previous article.

2-Compete to the Government to ensure the drafting and implementation of the planned programmes

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

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.

Proximity policing plans and special police programs

1-The forces and security services develop, in particular, plans to

proximity policing or special police programs aimed at preventing the

crime:

a) Against elderly people, children and other especially vulnerable victims;

b) In the domestic area, in schools, health services and in facilities of

Courts and services of the Public Prosecutor's Office;

c) Against specific economic sectors.

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2-The plans and programmes referred to in the preceding paragraph may be provided for in the framework

of local security contracts, to be concluded between the Government and local authorities.

Article 9.

Special prevention operations concerning weapons

1-The security forces promote, with the appropriate periodicity, the realization of the

special criminal prevention operations provided for in the legal regime of arms and

their ammunition.

2-The Public Prosecutor's Office monitors, where necessary, the special operations of

prevention referred to in the preceding paragraph.

Article 10.

Sensitive urban areas

The forces and security services develop, in sensitive urban areas and in the framework

of integrated prevention and intervention strategies, regular policing actions

reinforced, with recourse to special means of police, and special prevention operations

relating to weapons.

Article 11.

Cooperation between criminal police bodies

1-The criminal police bodies cooperate in the prevention and investigation of the crimes

priority, specifically through the sharing of information, according to the

principles of necessity and competence, under the terms of the Organization Law of

Criminal investigation.

2-Compete to the Secretary General of the Internal Security System guarantee the sharing of

means, support services and information among all the criminal police bodies, of

agreement with your needs and competences, pursuant to the Law of Organization

of Criminal Investigation.

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Article 12.

Joint teams to combat violent and serious crime

1-The Attorney General of the Republic may, exceptionally, constitute teams

specials, vocationally for highly complex investigations, and mixed teams,

comprises of elements from diverse criminal police organs, ears

respective maximum leaders, to investigate violent and serious crimes of

priority research, working the teams under the functional dependence of the

Prosecutor's Office, without prejudice to the hierarchical dependence of its members

legally intended.

2-The Secretary General of the Internal Security System can, heard the Cabinet

Safety coordinator, constitute, under their coordination, mixed teams,

composed of elements of the various forces and security services, especially

vocationalized to prevent violent and serious priority prevention crimes.

Article 13.

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

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criminal and procedural promotion on processes that are not considered

priority.

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 by the Public Prosecutor's Office in the procedural stages

subsequent.

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

precedence in the designation of date for carrying out acts of instruction, of debate

instructor and trial hearing, without prejudice to the priority to be given to the

processes deemed urgent by law.

Article 14.

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 departments responsible for the execution of the penalty to be drawn up

of social reinsertion plans of the agents convicted of the practice of crimes

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

respective reintegration into society.

2-The penalties shall be executed in such a way as to avoid stigmatization of the convict,

promoting their responsible reintegration into society.

3-The prison services promote, especially as to those convicted in feathers

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long in prison for the practice of crimes provided for in Articles 3 and 4, access to

teaching, vocational training, work, frequency of programmes and other

measures arising from the individual readaptation plan, appropriate to its

preparation for responsible reintegration in society.

4-Prisonal services develop, in particular, specific programmes for:

a) The prevention and control of aggressiveness and violence;

b) The prevention and control of gender violence and domestic violence;

c) The prevention and control of behaviours against freedom and

sexual self-determination;

d) The prevention and treatment of drug dependence, in cooperation with the

Ministry of Health and other competent entities;

e) The promotion of employability.

Chapter III

Guidelines on small crime

Article 15.

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) In the scope of crimes against people, abortion with consent of the

pregnant woman out of the legally foreseen non-punishability situations, the

offense to simple physical integrity, the participation in rift, the threat, the fraud

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sexual assault, sexual importunation, defamation and injuring;

b) In the scope of crimes against heritage, theft, abuse of trust, the

damage and the unskilled burla and the burla for getting food, drinks

or services;

c) In the framework of crimes against society, falsification of document

punishable with 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

psychotropic substances;

d) Within the framework of the avulous legislation, the issuance of check without provision and the trafficking

of narcotic drugs and psychotropic substances of minor gravity or

practiced by the consumer trafficker and driving without legal habilitation.

Article 16.

Applicable measures

1-The Chief Public Prosecutor's Office, within the framework of its competences and in accordance with

the generic directives and 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) 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;

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g) Criminal mediation.

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

by the Attorney General of the Republic, should promote the shipment of processes to

criminal mediation in the cases provided for in Law No. 21/2007 of June 12,

especially when you check out one of the following circumstances:

a) The defendants are under the age of 21;

b) The accused did not have a criminal record;

c) The accused have confessed to the facts;

d) The damage has been repaired or the accused will demonstrate a willingness to repair it.

3-The criminal police bodies ensure the clarification of the defendants and the

offended from the terms in which the remittance for criminal mediation can take place.

4-Not resulting from the mediation agreement between defendants and offending or not being the

mediation process completed within the legally envisaged time frame, may the Ministry

Public to apply the remaining measures provided for in paragraph 1, in accordance with the directives and

generic instructions approved by the Attorney General of the Republic and in the strict

compliance with the respective legal requirements.

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

generic intended for the application of the measures provided for in this article in the strict

compliance with the law, which binds the magistrates of the Public Prosecutor's Office, in the

terms of the respective Statute.

6-A identification of the concrete processes to which the measures provided for in the

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

generic directives and instructions referred to in the previous number, in the strict

compliance with the legal provisions.

Article 17.

Non-custodial sanctions of freedom

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1-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 substitutive penalties of the

imprisonment to the crimes referred to in Article 15, including, in particular:

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

b) The suspension of the execution of prison sentence subordinate to duties, rules of

conduct or regime of proof;

c) The regime of permanence in housing;

d) The prison for free days;

e) The regime of semidetainment.

2-The penalties shall be executed in such a way as to avoid stigmatization of the convict,

promoting their responsible reintegration into society.

Article 18.

Defendants and convicted in special situation

The Public Prosecutor's Office also promotes, 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 16 and 17 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 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 crime or enforcement

of the schemes referred to in points a) and b) of Article 16 (1)

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Article 19.

Execution of the prison sentence

1-When prison sentences are applied for the practice of crimes provided for in the article

15., the prison services pond, upon verification of the respective

legal requirements, the placement of the reclusive in open regime, obtained its

consent and as long as it is not to be rearing that the same would subtract from the execution

of the penalty and that the regime will show itself compatible with the defence of order and social peace.

2-Prisonal services develop, in particular, specific programmes of

prevention of recidivism for inmates convicted of crimes against safety

in the communications.

3-The prison sentences must be carried out in such a way as to avoid stigmatization of the

doomed, promoting their responsible reintegration into society.

Chapter IV

General guidelines on criminal policy

Article 20.

Detention

1-A arrest in flagrante delicto for crimes of domestic violence, detention of

weapon prohibited, trafficking and mediation of weapons, detention of weapons and other

devices, products or substance in prohibited places and for the crimes committed

with weapons punishable with imprisonment must keep up until the detainee is presented to

hearing hearing in summary form or the first judicial interrogation for

possible application of coaction or guarantee measure, without prejudice to the

provisions of Article 143 (3), Article 261 (3) and the Article 382 (3) and the

n Article 385 (2) of the Code of Criminal Procedure.

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2-Out of flagrante delicto, detention must be ordered by the police authorities

criminal, verified the requirements provided for in the law, if there is a danger of continuation of the

criminal activity.

Article 21.

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 from preventive detention whenever the circumstances

provided for in Article 204 of the Code of Criminal Procedure not to require the application

of this measure.

2-The preventative inmate can, wanting, attend teaching and training courses

professional, work and participate in programmes or other organised activities

by the prison establishment.

Article 22.

Unit and separation of processes

The Public Prosecutor's Office requires, in the 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 apensation does not allow to meet the planned deadlines

for the investigation;

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

criminal;

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c) When the unit or apensation, by the high number of defendants or

crimes or the complexity of the process, can compromise the speed

procedural or the effectiveness of the administration of justice or still harm

disproportionately the procedural actors.

Chapter V

Final and transitional provisions

Article 23.

Allocation of means

It is incumbent upon the Government, through its members responsible for the areas of justice and the

internal administration, take, in a coordinated manner, the necessary measures to be allocated

adequate of the human and material means necessary to comply with this Law

by the Public Prosecutor's Office, the criminal police organs and the departments of the

Public Administration to support the actions of prevention and research activity

criminal, as well as for those who ensure the execution of the criminal sanctions.

Article 24.

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 it is

applicable the treatment provided for in this Act for the prevention and crimes offences

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 25.

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 26.

Abrogation standard

Article 56 (1) of the Decree Law No 15/93 of January 22 shall be repealed.

Article 27.

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Entry into force

This Law shall come into force on September 1, 2009.

Seen and approved in Council of Ministers of April 9, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

Statement of reasons for the priorities and guidelines of criminal policy

1-In accordance with the precept in the Criminal Policy Framework Act, this Law

sets out the objectives, general and specific, of the criminal policy to be pursued during the

biennium of its duration, setting priorities and guidelines with a view to achieving those

objectives. Thus, it indicates as general objectives the prevention, repression and reduction of the

crime, as well as the protection of victims and the promotion of the reinsertion of the authors of the

crimes in society. The objectives relating to the period between 1 of

September 2009 and August 31, 2011 report to several plans on which to

focus on criminal policy, extending from policing by the security forces

up to the execution of the feathers.

In the guidelines directed at the forces and security services, they are privileged to

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

danger to legal goods. Differentiated prevention programmes are envisaged for

criminal phenomena with specific characteristics. Establish themselves still guidelines

with a view to the cooperation and sharing of means, services and information between organs of

criminal police.

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 mode of execution, their consequences, their social repercussions and the

relevance of the legal goods brought into question. The Public Prosecutor's Office is the recipient

specific to the guidelines about the institutes of fun and consensus-archiving

in the event of a penalty waiver, provisional suspension of the proceedings, criminal mediation,

summary proceedings, abbreviated and summative and summoning of the singular court-, which if

are based on criteria such as the lowest relative severity of the crimes, the absence of damage

or the possibility of its repair and the diminution of social alarm.

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Proposal for Law No. 262 /X/4.

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2-Establish priorities for both prevention and research

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

others that are only considered to be given priority for the purposes of prevention or for

effects of 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, the driving of a vehicle without legal habilitation

and the crimes against the genuineness, quality or composition of foodstuffs and

food additives justify prevention programmes that can be realised in

measures of policing of large spectacles, in the enlightenment of the population and in the

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 offence to serious physical integrity.

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

sequence of the systematization of the Criminal Code, not aiming to establish a hierarchy.

Both in prevention priorities and in research, there of the indication of

criminal phenomena-on the basis of their gravity and the dignity of legal goods

affected-, they now cover crimes that are practiced with certain

execution modes or characteristics: it is the case of the crimes carried out with violence,

serious threat of violence or resource to arms; with high degree of mobility, high

technical specialty or transnational or international dimension; in an organised manner

or grupal, with habituality; against especially vulnerable victims; or with

motivations discriminating or on the grounds of racial, religious, political or generated hatred

colour, ethnic or national origin, by sex or sexual orientation of the victim.

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Proposal for Law No. 262 /X/4.

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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 potential victims of violent crimes and, in particular, people

especially vulnerable, 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.

In recent decades, urban concentration, migrations, the growth of levels of

consumption and the increase in mass crime have made up, albeit in no way

accentuated, overall crime rates and increased, at the same time, the sensation of

insecurity of the community. In this connection, it should be pointed out that in the course of the

last fifteen years, the rates of criminal incidence (expressed in permilage) passed

from 30.8% in 1993 to 39.5% in 2008.

More recent phenomena, such as the assault on motor vehicles with violence or

threat on the driver or the heist to residences during the night or in the presence of the

inhabitants, with recourse to violence or threats, as well as assaults on

establishments with unused degree of threat or violence, have caused a

growth in the sense of insecurity of the population. Thus, in this Law, the

violent crimes against people and against heritage deserve treatment

priority, both at the level of prevention and that of research. The people

especially vulnerable-children, pregnant women, elderly people, patients,

handicapped and immigrants-they are the easiest targets of this criminality and justify the

development of specific prevention programmes.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 262 /X/4.

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The concern of reducing violent, serious or organised crime erige in

specific objective of criminal policy the prevention and repression of crimes committed

with weapons, in the line of direction of the recent amendment to the law of arms, and in crime of

priority prevention for detention of prohibited weapon. To achieve these ends, one is delineated

prevention strategy, in which the proximity policing plans are highlighted

and special police programmes targeted at victims, sites and sectors of activity

vulnerable, special prevention operations regarding weapons and joint teams

of combating violent and serious crime in the fields of prevention and research

criminals.

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

it remains the priority assigned to the prevention and investigation of crimes practiced in

school or hospital context, particularly against teachers and physicians, in

exercise of functions or because of them. Second data from the Security Observatory

School, in the academic year 2007-2008 registered 206 assaults on teachers. Assigns

now also priority to the aggressions committed against agents of the forces and services of

security or from criminal police bodies and in Tribunals facilities. These

phenomena have troubling consequences at the community level and the qualification of these

crimes such as public, which already stems from the Criminal Code, is not enough, on its own, to give it

an expedited response.

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.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 262 /X/4.

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The defense of the democratic rule of law requires, for its part, to remain the

allocation of priority in the prevention and research of phenomena such as trafficking in

influence, corruption, bleaching and still the peculate and economic participation

in business-crimes that challenge the relationship of trust between citizens and the

State and affect the proper functioning of the economy.

The importance of the prevention and repression of trafficking in narcotics and substances

psychotropic justifies its maintenance as priorities. Although it is to note a

decreasing trend in the percentage of prison population that is serving a sentence by

crimes directly related to narcotic drugs (in 2003 a the percentage was

35.1%; in 2007 it was 27.3%), in the face of an ascent in those convicted of crimes against the

people, it is known that violent crime against heritage goods has as a

of the main causes the need to sustain the consumption of narcotic drugs or

psychotropic substances.

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

road went from 2534 in 1988 to 776 in 2008. 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-, so it is justified

keep these ducts in prevention priorities.

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 continuous effort and the significant

progress that they have registered in combating this phenomenon, the area rounded up was still close

from 17,387 ha in the year 2008. Although the area leased in 2008 is about 10% percent of the average

of area leased in Portugal in the past decade, forest fires constitute a serious

internal security problem. In the review of the Criminal Code a new crime has been created

of forest fire to make the tutelage of legal goods more effective; now, it assigns

priority to the prevention and investigation of that crime.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 262 /X/4.

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In an integrated safety perspective, BSE (bovine spongiform encephalopathy), the

bird flu, carcinogenic dioxins and the use of hormones in cattle production,

among other recent crises, have come to highlight the relevance of conduits that attack against the

food security and public health. In this framework, priority is given to prevention, whose

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

criminal with specific competence. But also the corruption of substances

food or medicinal products, whose proportions are amplified by the dissemination on the Internet,

deserves to maintain priority in prevention and research.

The apprehension that has been expressed by the World Health Organization and the

national instances of monitoring and certification of specialty quality

drugmakers led to inclusion, in the prevention and research priorities, of the

counterfeiting of medicines, emergent phenomenon and apt to endanger health

public.

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

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

2007 of the Criminal Code. Taking into account the low rates of participation and conviction,

such crimes deserve to remain prioritise in prevention and research.

The growing relevance of the phenomenon of aid to illegal immigration justifies its mention

expressed in the specific objectives of the criminal policy for the biennium, as well as its

maintenance as a crime of prevention and priority research. It is still justified.

inclusion of marriage of convenience in priority research crimes, given the

importance of preventing the use of this medium as a means of defrauding the legislation in

matter of immigration and nationality.

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Proposal for Law No. 262 /X/4.

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The recent criminalization of the illicit exercise of private security activity as well

goes on to constitute priority in the prevention and criminal investigation. It is,

effectively, of an activity that calls into question personal legal goods of the largest

dignity, such as life, physical integrity and freedom, causes a relevant social alarm and

your subjection to the legal requirements is intended to ensure that such activity takes place from

form not to put at risk such fundamental legal goods.

The current situation of international economic crisis, with origin in the financial system,

advises the consideration of crimes against the financial system and the market of values

securities as priority at the level of prevention.

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

Need for prevention and priority research of organisational crimes

terrorist 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 last revision of 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 guidelines on crime are

relatively unserious-punishable, as a rule, with imprisonment up to 3 years or with a penalty of

lower upper limit-and have consequences likely to repair, in large part

of the cases.

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Proposal for Law No. 262 /X/4.

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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 freedom

sexual and against the honor. Also abortion with consent of the pregnant woman, out

of the legally foreseen non-punishability situations, is the subject of these guidelines,

taking into account that the actual arrest does not have a ressocialising effect. The crimes

against less serious heritage, less serious road crime and emission

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

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, decriminalized 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.

5-A The importance of the execution of penalties in criminal prevention leads to densification of

directives for the responsible services, particularly through the prediction of

programs appropriate to criminals with specific problematic. Thus, in particular

for those convicted in long prison sentences for the crimes of prevention or

priority research, the need for planning of implementation, is established,

considering in particular access to education, vocational training, work and

to the frequency of programs and other measures to the preparation of the convict for a

responsible reintegration into society. Prison services must make available

specific programmes targeted at the prevention and control of aggressiveness and the

violence, the prevention and control of gender violence and domestic violence, to the

prevention of behaviors against freedom and sexual self-determination, à

prevention of recidivism in road crime and the promotion of employability

future of inmates.