Sets The Objectives, Priorities And Criminal Policy Guidelines For The Period Of 2009-2011, In Compliance With Law No. 17/2006, Of 23 May (Law Criminal Policy)

Original Language Title: Define os objectivos, prioridades e orientações de política criminal para o biénio de 2009-2011, em cumprimento da Lei n.º 17/2006, de 23 de Maio (Lei Quadro da Política Criminal)

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449324d6931594c6d527659773d3d&fich=ppl262-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 1 explanatory memorandum to the law No. 17/2006, of 23 May – Law – Criminal Policy establishes that criminal policy is defined through temporary laws, with a duration of two years. Criminal policy includes, in accordance with article 1 of the said law, the definition of objectives, priorities and guidelines for crime prevention, criminal investigation, prosecution and enforcement of sentences and security measures. For its part, article 2 of the same law States that the definition of objectives, priorities and guidelines are without prejudice to the principle of legality, shall not affect the independence of the courts and the independence of the Prosecutor, does not contain directives, instructions or orders on certain processes and does not exempt any offence procedure. Having the first law on criminal policy was approved by the law No. 51/2007 of 31 August, effective for 2007-2009 biennium, we must now pass a law on criminal policy for the biennium 2009-2011. According to article 15 of law No. 17/2006, the Government presents to the Assembly of the Republic, until April 15, its Bill, which is approved until June 15, to enter into force on 1 September 2009 the implementation of criminal policy is assumed by the Public Ministry and by the criminal police bodies, as envisaged in article 11 of the Framework Law of Criminal Policy. So, having the task of exercising prosecution assisted by the criminal police bodies, the public prosecutor takes over the objectives and the priorities and guidelines that now define themselves and are always achieved through generic guidelines from the Attorney General of the Republic, modifiable at any time according to the evolution of criminality. However, the identification of processes covered by concrete priorities and guidelines will always be the responsibility of the prosecutors, in accordance with its Statute.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 2 to law enforcement about criminal policy also depends on the Government's instructions and directives, under the framework of the Criminal Policy. The directives and instructions of the Government refer to the prevention of crime, in charge of the forces and security services, and the execution of sentences and measures, custodial or not, in charge of prisons and social rehabilitation. The Bill that now presents itself follows a line of continuity in relation to the law on criminal policy in force by maintaining the structure. Among the main innovations, are to highlight the following: the concern to reduce violent crime, organized or serious erect in particular political crime prevention and repression of crimes committed with guns, in line with recent guidance amendment of law of guns, and crime prevention a priority in the possession of prohibited weapon. To achieve these purposes, outlines a strategy of prevention, in which the proximity policing plans and special programmes targeted at victims, local police and vulnerable sectors, special prevention operations relating to weapons and joint teams to combat violent crime and serious in the areas of prevention and criminal investigation. In identifying the priority prevention crimes, the inclusion of aggression practiced against agents of the security forces and services and space of the courts (next to those already provided for attacks on members of school communities or health professionals), the kidnapping and hostage-taking, the specification of the crime of theft forms (as theft with introduction in housing , vehicle theft or theft in school space), the unlawful exercise of the activity of private security, the counterfeit medicines or crimes against the financial system and securities market. Are still dense prevention strategies for certain criminal phenomena.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th in 3 research priority crimes cast include now the offenses to physical integrity against magistrates and agents of the security forces and services, illegal exercise of the activity of private security, the marriage of convenience and counterfeit medicines. As much prevention as priorities in research, beyond the indication of criminal phenomena – on the basis of their seriousness and dignity of legal goods affected –, covering now the crimes they are charged with certain execution modes or features: the case of the crimes carried out with violence, serious threat of violence or the use of weapons; with a high degree of mobility, high technical specialty or transnational or international dimension; in an organized manner or with group normally; particularly vulnerable victims; or discriminatory motivations or because of racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation of the victim. The importance of the implementation of the feathers in the criminal prevention leads to inclusion of directives for the departments responsible, in particular through appropriate programs forecast the criminals with specific problems. This draft law was submitted to the Superior Council of the judiciary, of the Supreme Council of the Public Ministry, the Coordinating Council of the Criminal Police Bodies, the Board of Governors of Homeland Security, the Security Coordinator's Office and the Bar Association, as prescribes article 8 of law No. 17/2006, of 23 May. So: under the provisions of article 7 of law No. 17/2006, of 23 May, and pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 4 criminal policy objectives article 1 General objectives Are general objectives of criminal policy to prevent , Suppress and reduce crime, promoting the defence of legal goods, the protection of victims and the reintegration of agents of crime in society. Article 2 specific objectives during the period covered by the present law, are specific objectives of criminal policy: to) prevent, Suppress and reduce violent crime, serious or organised crime, including the murder, the offence to physical integrity serious, domestic violence, ill-treatment, kidnapping, crimes against freedom and sexual self-determination, the theft, the forest fire, corruption , influence trafficking, money laundering, crimes committed with guns, terrorism, terrorist organizations and criminal association dedicated to trafficking in persons, narcotic drugs and psychotropic substances or weapons or aid to illegal immigration; b) Promote the protection of particularly vulnerable victims, including children and adolescents, pregnant women and the elderly, the sick, the disabled and immigrants; c) Ensure monitoring and assistance to agents accused or convicted of crimes, in particular where there is a risk of further criminal activity; d) Promote the rapid procedure. Chapter II PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 5 priorities of criminal policy article 3 priority 1-prevention Crimes taking into account the dignity of legal goods under and the need to protect the potential victims, are considered priority prevention crimes, for the purposes of this law: a) under crimes against people , the offense to physical integrity against teachers, in exercise of functions or because of them, and other members of the school community, the offense to physical integrity against doctors and other health professionals, in exercise of functions or because of them, the offence against physical integrity and security services forces or criminal police bodies, in exercise of functions or because of them the personal offense practiced in Court facilities, participation in Brawl, domestic violence, ill-treatment, breach of security rules, kidnapping, hostage-taking, trafficking in persons and offences against freedom and sexual self-determination of minors; b) under crimes against property, the theft with introduction or penetration in housing, the theft in commercial or industrial establishment, the theft of vehicle, theft of things placed or carried on vehicle or carried by passengers of public transport users, even if the crime takes place at the station, gare or pier the armed robbery, on public transport or school space, mass fraud, extortion and abuse of guarantee or credit card; c) under crimes against cultural identity and personal integrity, discrimination, racial, religious or sexual, and torture and other cruel, degrading or inhuman treatment; (d)) under the crimes against society, falsification of documents, the PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 6


counterfeit currency, passing counterfeit currency, the forest fire, the damage against nature, pollution, corruption of food or medicinal substances, dangerous driving of road vehicle and the vehicle driving in a State of intoxication or under the influence of narcotic drugs or psychotropic substances; and) under the offences against the State, sabotage, trafficking in influence, strength and coercion on official, disobedience, money laundering, corruption, embezzlement and economic participation in business; f) under the legislation, terrorist organizations, terrorism, trafficking in narcotic drugs and psychotropic substances, the possession of prohibited weapon trafficking and mediation of weapons, aid to illegal immigration, the illegal exercise of the activity of private security, tax fraud, smuggling, fraudulent use, tax evasion, abuse of trust taxation , social security fraud, abuse of confidence against social security, cybercrime, driving without a license, the counterfeit medicines and the crimes against the genuineness, quality or composition of foodstuffs and food additives, and against the financial system and securities market. 2-having regard to the means used, are considered priority crime prevention run: a) With violence, serious threat of violence or the use of weapons; b) With high degree of mobility, high technical specialty or transnational or international dimension; c) in an organized manner or especially if group with normally; d) particularly vulnerable victims; or and) discriminatory or motivated by racial hatred, religious, political or generated by color, national or ethnic origin, sex or by the Presidency of the COUNCIL of MINISTERS draft law No. 262/X/4th 7 sexual orientation of the victim. Article 4 priority research Crimes 1-having regard to the gravity of the crimes and the need to avoid their future practice, are considered priority research crimes for the purposes of this law: a) under crimes against people, the murder, the offence to physical integrity against teachers, in exercise of functions or because of them, and other members of the school community , the offense to physical integrity against doctors and other health professionals, in exercise of functions or because of them, the offence against physical integrity and security services forces or criminal police bodies and against magistrates, in exercise of functions or because of them, the insult to serious physical domestic violence, abuse the breach of security rules, kidnapping, abduction, hostage-taking, trafficking in persons and offences against freedom and sexual self-determination; b) under crimes against property, the robbery referred to in points (d)), f) and i) of paragraph 1 and in paragraph 2 of article 204 of the Penal Code, the abuse of trust referred to in paragraphs 4 and 5 of article 205 of the Penal Code, the theft, the qualified fraud referred to in paragraph 2 of article 218 of the criminal code , computer and telecommunications fraud referred to in paragraph b) of paragraph 5 of article 221 of the criminal code and the warranty card or abuse of credit; c) under crimes against cultural identity and personal integrity, discrimination, racial, religious or sexual, and torture and other cruel, degrading or inhuman treatment; (d)) under the crimes against society, falsification of document PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 8 punishable with imprisonment exceeding three years and associated with trafficking in persons, to aid the illegal immigration, terrorism and trafficking, counterfeiting of currency, passing fake currency the forest fire, the damage against nature, pollution, corruption of food or medicinal substances and criminal association; and) under the offences against the State, sabotage, trafficking in influence, strength and coercion on official, disobedience, money laundering, corruption, embezzlement and economic participation in business; f) under the legislation, terrorist organizations, terrorism, trafficking in narcotic drugs and psychotropic substances, trafficking in arms, mediation and the facilitation of illegal immigration, the marriage of convenience, the unlawful exercise of the activity of private security, tax fraud referred to in paragraph 3 of article 87 of the General Regime of Tax Offences (TAX INFRINGEMENT CODE DOES), annexed to Act No. 15/2001 , June 5, smuggling, fraudulent use, tax evasion, abuse of trust taxation provided for in paragraph 5 of article 105 of the TAX INFRINGEMENT CODE DOES, against social security fraud, in a qualified form referred to in paragraph 3 of article 106 of TAX INFRINGEMENT CODE DOES, the breach of trust against the social security, in a qualified form referred to in paragraph 1 of article 107 of the TAX INFRINGEMENT CODE DOES , in so far as it refers to paragraph 5 of article 105 of the TAX INFRINGEMENT CODE DOES, the counterfeit medicines and cybercrime. 2-having regard to the means used, are considered priority crimes investigation executed: a) With violence, serious threat of violence or the use of weapons; b) With high degree of mobility, high technical specialty or transnational or international dimension;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 9 c) in an organized manner or especially if group with normally; d) particularly vulnerable victims; or and) discriminatory or motivated by racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation of the victim. Article 5 Victims especially vulnerable in the prevention and investigation of crimes referred to in (a)), b) and (c) articles 3 and 4) promotes, in particular, the protection of particularly vulnerable victims, including children, pregnant women, elderly, sick or disabled and immigrants. Article 6 Means of crime prevention and investigation of offences referred to in articles 3 and 4 continue, so strengthened, the repression of: a) acts of violence against the people; b) criminal associations and terrorist organizations; c) particularly dangerous Means, including firearms, nuclear, chemical and bacteriological or devices or explosives; d) Means especially complex, such as information technology and the Internet;

and) means or articles intended to hide the identity or hinder the identification of agents. Article 7 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 10 1 crime prevention-prevention of crime, the forces and the security services develop community safety programs and proximity policing plans designed to protect particularly vulnerable victims and control the sources of danger referred to in paragraph 1 (b)), c) and (d)) of the preceding article. 2-it is incumbent upon the Government to ensure the development and implementation of the programmes referred to in the preceding paragraph, through the members of the Government responsible for the areas of Internal Affairs and justice, issuing, in a coordinated manner, directives, orders and instructions needed. 3-it is the Attorney General of the Republic to adopt directives and generic statements about the preventive actions within the competence of the public prosecutor, with a view to achieving the objectives of this Act. 4-generic instructions and directives provided for in the preceding paragraph shall be binding on prosecutors, pursuant to its Statute, and the criminal police bodies as the coadjuvarem, under the code of criminal procedure and the law of Organization of Criminal investigation. Article 8 proximity policing plans and programs 1-special police forces and the security services develop, in particular, proximity policing plans or special police programs aimed at preventing crime: a) Against elderly people, children and other particularly vulnerable victims; b) under the home, in schools, in health services and in Courts and public prosecution services; c) Against specific economic sectors.

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2-the plans and programmes referred to in the preceding paragraph may be provided for under local security contracts, concluded between the Government and local authorities. Article 9 Special Operations prevention relating to weapons 1-security forces promote, with appropriate frequency, the realization of the special operations of criminal prevention laid down in the legal regime of weapons and their ammunition. 2-the Public Ministry attached, whenever necessary, special prevention operations referred to in the preceding paragraph. Article 10 sensitive urban areas the forces and the security services develop in sensitive urban areas and in the context of integrated prevention and intervention strategies, regular policing actions, reinforced with special police resources, and special prevention operations relating to weapons. Article 11 cooperation between criminal police bodies 1-criminal police bodies shall cooperate in the prevention and investigation of crimes a priority, in particular through sharing of information, in accordance with the principles of necessity and competence, in accordance with the law of Organization of Criminal investigation. 2-it is the Secretary General of the internal security system to ensure the sharing of resources, support services and information between all criminal police authorities, according to their needs and competencies, in accordance with the law of Organization of Criminal investigation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 12 article 12 joint teams to combat violent crime and serious 1-the Attorney General of the Republic may, exceptionally, be special teams, designed for highly complex investigations, and mixed teams, composed of various elements of criminal police bodies, ears their maximum leaders, to investigate violent crimes and serious priority research , working teams under the functional dependence of the public prosecution service, without prejudice to the hierarchical dependency of its members legally provided for. 2-the Secretary General of the internal security system can, heard the Security Coordination Office, constitute, under its coordination, mixed teams, composed of elements of the various forces and security services, especially designed to prevent violent crime and serious priority prevention. Article 13 Investigation 1-the Attorney General of the Republic to adopt directives and generic statements designed to enforce the priorities laid down in article 4 2-generic directives and instructions laid down in the preceding paragraph shall be binding on prosecutors, pursuant to its Statute, and the criminal police bodies as the coadjuvarem, under the code of criminal procedure and the law of Organization of Criminal investigation. 3-the identification of the specific processes that apply the priorities laid down in article 4 is made by prosecutors, according to the directives and generic instructions referred to in paragraph 1. 4-assignment of priority to a process gives precedence in the PRESIDENCY of the COUNCIL of MINISTERS research Proposal of law No. 262/X/4th 13 criminal and the promotion procedure on non-priority processes. 5-the provisions of the preceding paragraph shall not apply when the danger of prescription for non-priority processes or detract from the recognition of urgency to other processes, in accordance with legally prescribed. 6-the assignment of priority in the investigation phase must match precedence of promotion on the part of the Public Ministry in the subsequent procedural phases. 7-the assignment of priority in the investigation phase must match precedence in date designation to perform acts of instruction, instrutório debate and audience of trial, without prejudice to the priority to give to the processes considered urgent by the law. Article 14 Prevention 1 Special-the Prosecutor requires the judge, under the code of criminal procedure and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, to order the services responsible for the execution of the sentence the elaboration of plans of social reintegration of agents convicted for crimes provided for in article 4, whenever they are needed to promote their reintegration in society.

2-feathers must be performed in order to avoid the stigma of the condemned, promoting their responsible reintegration in society. 3-The prison services promote, especially as the convicts at PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 14 long imprisonment for crimes provided for in articles 3 and 4, the access to education, to vocational training, to work, the frequency of programs and other measures arising from the individual rehabilitation plan, suited to your preparation for the responsible reintegration in society. 4-The prison services develop, in particular, specific programs for: a) the prevention and control of aggression and violence; (b)) the prevention and control of violence and domestic violence; c) the prevention and control of behaviors against freedom and sexual self-determination; d) prevention and treatment of drug abuse, in cooperation with the Ministry of health and other relevant entities; and) the promotion of employability. Chapter III guidelines on small article 15 crime Under the guidelines the guidelines about the less serious crime are intended to facilitate the repair of offence caused to the victim of the crime, the social reintegration of the agent and the procedural swiftness and covering, in particular: a) under crimes against people, abortion with consent of the pregnant woman out of the situations legally punishable provided for , the offense to simple physical integrity, participating in Brawl, threat, fraud, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 15 sexual harassment, libel and slander; b) under crimes against property, theft, breach of trust, the damage and the unqualified fraud and deception to obtain food, beverages or services; c) under crimes against society, document counterfeiting punishable with imprisonment not exceeding three years and driving of a vehicle in a State of intoxication or under the influence of narcotic drugs or psychotropic substances; (d)) under the legislation, the issuance of bad check provision and trafficking in narcotic drugs and psychotropic substances of less gravity or practiced by the consumer and dealer driving without a license, including without limitation this paragraph. Article 16 measures 1-the Prosecutor focuses, within the limits of their jurisdiction and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, the application to the crimes provided for in the previous article of the following measures: a) in the case of exemption from Filing; b) provisional suspension of the process; c) trial for the singular Court under paragraph 3 of article 16 of the code of criminal procedure; d) process summary under paragraph 2 of article 381.º of the code of criminal procedure; e) abbreviated Process; f) accelerated Process;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 16 g) criminal Mediation. 2-the public prosecutor, in accordance with the directives and generic instructions approved by the Attorney General of the Republic, should promote the consignment of processes for penal mediation in the cases provided for in law No. 21/2007, of 12 June, especially when one of the following circumstances: a) the defendant have the age of 21 years; (b)) the defendant does not have a criminal record; c) the defendant confessed to the facts; d) the damage has been repaired or the accused demonstrate the will to fix it. 3-The criminal police bodies ensure clarification of defendants and offended the terms in which the referral for penal mediation can take place. 4-Not resulting from the mediation agreement between defendant and offended or not the mediation process completed within legally prescribed, can the Prosecutor to apply the other measures provided for in paragraph 1, in accordance with the directives and generic instructions approved by the Attorney General of the Republic and in strict compliance with the relevant legal requirements. 5-it is the Attorney General of the Republic to adopt directives and generic instructions for the application of the measures provided for in this article in strict compliance with the law, which bind the prosecutors, in accordance with its Statute. 6-identifying the specific processes that apply the measures provided for in this article shall be made by prosecutors, according to the directives and generic statements referred to in the preceding paragraph, in strict compliance with legal provisions.

Article 17 non-custodial sanctions, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 17


1-the Public Ministry promotes, in accordance with the directives and generic instructions approved by the Attorney General of the Republic, the sentences instead of prison to the crimes referred to in article 15, including, in particular: (a) the provision of the work) in favour of community; b) A stay of execution of imprisonment shall be subject to duties, rules of conduct or scheme; c) the regime of stay in housing; d) prison for days off; e) semidetenção's regime. 2-feathers must be performed in order to avoid the stigma of the condemned, promoting their responsible reintegration in society. Article 18 Defendants and convicts in special situation the Prosecutor also promotes, preferably in accordance with directives and instructions adopted by the generic Attorney General of the Republic, the application of the measures provided for in articles 16 and 17 the accused or convicted of crimes punishable with imprisonment not exceeding five years, which is in one of the following circumstances : a) pregnancy; b) below the age of 21 or greater than 65 years; c) severe disease or disability; d) existence of a lesser charge; e) existence of familiar exclusively under their care; f) Inexistence of previous conviction for committing crimes or of application of the arrangements referred to in (a)) and b) of paragraph 1 of article 16 of COUNCIL of MINISTERS PRESIDENCY Proposal of law No. 262/X/4th 18 article 19 implementation of imprisonment 1-When to apply jail sentences for the offences referred to in article 15 the prison services balance, by checking the respective legal requirements, the placement of the inmate in an open regime and obtained your consent and as long as it's not fear that even if you subtract the execution of the sentence and that the scheme is compatible with the defense of order and social peace. 2-The prison services develop, in particular, specific programmes to prevent recidivism for inmates convicted of crimes against the security of communications. 3-prison sentences should be performed in order to avoid the stigma of the condemned, promoting their responsible reintegration in society. Chapter IV General guidelines on criminal policy article 20 1-Detention detention in flagrante delicto for crimes of domestic violence, prohibited weapon, detention of trafficking and mediation of weapons, possession of weapons and other devices, products or sites prohibited substance and for the crimes committed with weapons punishable by imprisonment must remain until the detainee be presented the trial hearing in the form field or the first judicial interrogation for possible application coercive measure or guarantee assets, without prejudice to the provisions of paragraph 3 of article 143, paragraph 1 of the article 261.º, paragraph 3 of the article 382.º and paragraph 2 of article 385.º of the code of criminal procedure.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 19 2-out of flagrante delicto, detention must be ordered by the criminal police authorities, checked the requirements provided by law, if there is danger of further criminal activity. Article 21 enforcement measures 1-the public prosecutor, in accordance with the directives and generic instructions approved by the Attorney General of the Republic, requires preferably the application of coercive measures several pre-trial detention where the circumstances referred to in article 204 of the code of criminal procedure does not require the application of this measure. 2-the prisoner may, preventive courses of vocational education and training, work and participate in programs or other activities organised by the prison. Article 22 Unit and separating processes the Prosecutor requires, under the general terms set out in the code of criminal procedure and in accordance with the directives and generic instructions approved by the Attorney General of the Republic, the separation of the processes in particular in the following situations: a) when the unit or joinder does not allow deadlines laid down for the investigation; (b)) when the unit or joinder create the risk of prescription of the criminal procedure;



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 20 c) when the unit or joinder, the high number of defendants or crime or the complexity of the process, might compromise speed or procedural efficiency in the administration of Justice or even harm disproportionately the procedural actors. Chapter V transitional and final provisions article 23 the allocation of duties and responsibilities of the Government, through means of its members responsible for the areas of Justice and internal affairs, to take, in a coordinated manner, the measures necessary for the adequate allocation of human and material resources necessary for the performance of this Act by the public prosecutor, criminal police bodies and Government departments to support the actions of prevention and criminal investigation activity as well as by ensuring the execution of criminal penalties. Article 24 Evolution 1 crime-according to the evolution of crime and their territorial incidence, the Attorney General of the Republic applies the types and modes of conduct the incriminating that apply the procedures and guidelines referred to in this law concerning priority research or small crime, through directives and instructions generic, modifiable at any time.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 21 2-Checked the danger of hatching or hatching, national or local scope, violent criminal phenomena, organized or serious, the Prosecutor-General can determine, through directives and instructions, they should apply the treatment provided for in this law for the crimes of prevention and research priorities without prejudice to article 10 of law No. 17/2006, of 23 May. 3-generic instructions and directives issued pursuant to the preceding paragraphs shall be binding on prosecutors, pursuant to its Statute, and the criminal police bodies as the coadjuvarem, under the code of criminal procedure and the law of Organization of Criminal investigation. Article 25 Grounds In fulfilment of paragraph 2 of article 5 of law No. 17/2006, of 23 May, the justification of the priorities and criminal policy guidelines contained in the annex to this law, which is an integral part. Article 26 set Standard is repealed in paragraph 1 of article 56 of Decree-Law No. 15/93, of 22 January.



Article 27 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 22 entry into force this law shall enter into force on 1 September 2009.

Seen and approved by the Council of Ministers of 9 April 2009 Prime Minister the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 23 ANNEX explanation of the criminal policy guidelines and priorities 1-in accordance with the provisions on Criminal Policy, Law this law establishes the objectives , General and specific, of criminal policy to continue during the period of its validity, setting priorities and guidelines to achieve these goals. So, indicates how overall objectives the prevention, repression and crime reduction as well as the protection of victims and promoting the reintegration of perpetrators on society. The objectives relating to the period between 1 September 2009 and 31 August 2011 refer to various plans about what should the criminal policy, extending from the security forces policing until the execution of penalties. The guidelines addressed to the forces and security services, favour the protection of programs particularly vulnerable victims and control of sources of danger for legal goods. Provide differentiated prevention programmes for criminal phenomena with specific features. Guidelines are established with a view to cooperation and sharing of resources, services and information between criminal police bodies. The guidelines relating to the conduct of criminal proceedings by the public prosecutor's Office and the investigation by the criminal police bodies, the priorities take into account the gravity of the crimes, his execution, its consequences, its social impact and relevance of the legal goods questioned. The Prosecutor is the specific recipient of the guidelines about the institutes and consensus-archive in case of exemption, temporary suspension, criminal mediation process, summary processes, abbreviated and accelerated, and convening of the Court – singular, based on criteria such as the relative minor of the crimes, the absence of damage or the possibility of repair and the diminutive social alarm.

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2-Establish priorities both for prevention as for the criminal investigation. Although several crimes deserve priority treatment in both levels, there are others that are considered a priority for the purposes of prevention or for research purposes. Thus, participation in Brawl, swindle, the reckless driving of road vehicle, vehicle driving in a State of intoxication or under the influence of narcotic drugs or psychotropic substances, driving without a license and legal vehicle crimes against authenticity, quality or composition of foodstuffs and food additives justify that prevention programs can achieve in large policing measures shows in the clarification of the population and monitoring. On the contrary, very serious crimes, such as murder, the offence to physical integrity, kidnapping or serious own racketeering designed a plan merely abstract, deserve priority research but are not compatible with specific prevention programs. Only indirectly – fighting, in particular domestic violence, ill-treatment and the brawls – if the most serious crimes to prevent people such as homicide and serious personal offense. In all cases, the formal order followed in the indication of the types of crime meets the following systematization of the Penal Code, is not aimed at establishing a hierarchy. As much prevention as priorities in research, beyond the indication of criminal phenomena – on the basis of their seriousness and dignity of legal goods affected –, covering now the crimes they are charged with certain execution modes or features: the case of the crimes carried out with violence, serious threat of violence or the use of weapons; with a high degree of mobility, high technical specialty or transnational or international dimension; in an organized manner or with group normally; particularly vulnerable victims; or discriminatory motivations or because of racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation of the victim.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/25 3-4 in the definition of priorities in the prevention and criminal investigation, honor the commitment given in the 17TH Constitutional Government program, in order to protect potential victims of violent crime and, in particular, people especially vulnerable, control the main sources of danger for legal goods, combat phenomena that undermine the democratic constitutional State as trafficking in influence, corruption and money laundering, suppress trafficking in narcotic drugs and psychotropic substances, reduce road accidents, forest fires, promote food security and the protection of the environment and prevent terrorism. In recent decades, urban concentrations, migration, growth levels of consumption and the increased mass crime did rise, though not sharp, general crime rates and increased at the same time, the feeling of insecurity of the community. In this respect, it should be noted that, during the last fifteen years, the criminal incidence rates (expressed as a percentage share) increased from 30.8 ‰ in 1993 to 39.5 ‰ in 2008. More recent phenomena such as the motor vehicle robbery with violence or threat on the driver or the assault on homes at night or in the presence of the people, using violence or threats, as well as break-ins establishments with unusual degree of threat or violence, have caused a growing feeling of insecurity of the population. So, in this law, violent crimes against people and against the assets deserve priority treatment, both in terms of prevention and to research. People especially vulnerable — children, pregnant women, the elderly, the sick, the disabled and immigrants – are the easier targets of this crime and the development of specific prevention programs.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 26 the concern to reduce violent crime, organized or serious erect in particular political crime prevention and repression of crimes committed with guns, in line with recent guidance amendment of law of guns, and crime prevention a priority in the possession of prohibited weapon. To achieve these purposes, outlines a strategy of prevention, in which the proximity policing plans and special programmes targeted at victims, local police and vulnerable sectors, special prevention operations relating to weapons and joint teams to combat violent crime and serious in the areas of prevention and criminal investigation. According to a line of protection of victims of offences against physical integrity, the priority given to prevention and investigation to crimes committed in school or hospital context, in particular against teachers and doctors, in exercise of functions or because of them. According to data of the Observatory of School Security, in the academic year 2007-2008 there were 206 assaults on teachers. Now also assigns priority to the aggression committed against agents of the forces and security services or of criminal police bodies and in Courts. These phenomena have disturbing consequences at Community level and the qualification of these crimes and public, which already follows from the Penal Code, is not in itself sufficient to give you a quick response. The control of sources of danger for legal goods, the following should be noted the priority in the investigation of the crime of criminal association, regardless of the activity such an association engaged. The crime of arms trafficking and computer crime in General deserve priority in prevention and research, according to the same criteria.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 27 defending democratic constitutional State requires, for its part, that the assignment of priority in the prevention and investigation of phenomena as trafficking in influence, corruption, money laundering and embezzlement and economic participation in business-crimes that undermine the trust between citizens and the State and affect the proper functioning of the economy. The importance of the prevention and suppression of the traffic in narcotic drugs and psychotropic substances justifies its maintenance as priorities. Although it is noted a downward trend in the percentage of the prison population serving time for crimes directly related to narcotic drugs (in 2003 the proportion was 35.1%; in 2007 was 27.3%), compared to a rise in convicted of crimes against people, it is known that violent crime against assets has as one of the main causes for the need to sustain the consumption of narcotic drugs or psychotropic substances. The road accident rate has declined and the number of deaths in road accidents rose from 1988 to 776 on 2534 in 2008. However, these numbers are still cause for concern and one of its causes is the road crime – the dangerous driving, drink-driving or under the influence of narcotic drugs or psychotropic substances and driving without a license – legal, justifies keeping this conduct prevention priorities. The forest fires, mainly occurring during the summer, are a source of injury to community interests, being responsible for a significant reduction of forest area. Despite the continuous efforts and progress that have registered significant in combating this phenomenon, the area burned was still near 17,387 ha in the year 2008. Although the area burned in 2008 is about 10% of the average area burned in Portugal over the last decade, forest fires are a serious internal security problem. In the revision of the Penal Code was created a new crime of forest fire to make more effective the protection of legal goods; now, assigns priority to the prevention and investigation of this crime.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 28


Integrated security perspective, BSE (bovine spongiform encephalopathy), avian flu, carcinogenic dioxins and the use of hormones in livestock production, among other recent crises, came to highlight the relevance of conduct that violate food safety and public health. In this context, give priority to prevention, whose effectiveness depends on the audit carried out by the criminal police body with specific competence. But also the corruption of food or medicinal substances, whose proportions are amplified by disclosure on the Internet, deserves to keep priority in prevention and research. The concern that has been expressed by the World Health Organization and the national certification and monitoring the quality of proprietary medicinal products has led to the inclusion, in the prevention and research priorities, the counterfeit medicines, emergent phenomenon and capable of endangering public health. On environmental issues, crimes against nature damage and pollution have been recast, in order to facilitate their effective pursuit, 2007 review of the Penal Code. Given the low rates of participation and condemnation, such crimes deserve priority remain on prevention and research. The increasing relevance of the phenomenon of aid to illegal immigration justifies their mention expressed in specific objectives of criminal policy for the biennium, as well as its maintenance as a crime investigation and prevention a priority. Justifies the inclusion of marriage of convenience in research priority crimes, given the importance of preventing the use of this medium as a way to defraud the legislation on immigration and nationality.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 29 the recent criminalization of the illicit exercise of the activity of private security also happens to be priority on prevention and criminal investigation. It is, indeed, an activity that calls into question legal goods greater personal dignity, such as life, physical integrity and freedom, cause a social alarm relevant and subject to legal requirements intended to ensure that this activity is carried out so as not to jeopardize such fundamental legal goods. The current international economic crisis, originating in the financial system, advises consideration of crimes against the financial system and securities market as priorities at the level of prevention. Finally, one cannot exclude the possibility of terrorist attacks in the country. However, the dimensions and consequences of the attacks triggered in recent years by fundamentalist-inspired terrorist organizations make crucial priority prevention and investigation of crimes of a terrorist organisation and terrorism. 4-Also the guidelines on the small crime if Charter in the 17TH Constitutional Government program. The program stresses the need to apply penalties or alternatives instead of imprisonment, including working in favour of the community, improve the prison services and promote desjudicialização and alternative dispute resolution, including through new forms of mediation. In this context, it is essential to strengthen the application of the institutes and established consensus, whose expansion has been promoted in the last review of the code of criminal procedure-filing penalty waiver case, provisional suspension of the process, abbreviated and accelerated processes, contents and convening of the Court. The crimes selected as prime targets of the guidelines on crime are relatively minor – punishable, as a rule, with prison until 3 years or with lower maximum penalty – and have consequences liable to repair, in the majority of cases.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 262/X/4th 30 under the crimes against the people, are the subject of these guidelines the offence to physical integrity simple and minor crimes against freedom, against sexual freedom and honor. Also the abortion with the consent of the pregnant woman, off the situations legally punishable provided for, is the subject of these guidelines, taking into account that imprisonment does not have a ressocializador effect. The crimes against the less serious heritage road less severe crime and the issuance of bad check warrant provision, similarly, this treatment procedure. Finally, also the consumer figure-dealer justifies the application of guidelines about small crime, especially as the law No. 30/2000, of 29 November, decriminalized drug consumption, turning it into mere social ordering illegal. Sometimes, small instrumental trafficking situations of consumption claim, above all, a therapeutic intervention and not punishment, pure and simple. 5-the importance of the implementation of the feathers in the criminal prevention leads to the densification of directives for the departments responsible, in particular through appropriate programs forecast the criminals with specific problems. As well, in particular for convicted long prison sentences for the crimes of prevention or research a priority, the need for implementation planning, considering in particular the access to education, vocational training, work and the frequency of programs and other measures for the preparation of the condemned to a responsible reintegration in society. The prison services should provide specific programmes directed to the prevention and control of aggression and violence, the prevention and control of violence and of domestic violence, the prevention of behaviors against freedom and sexual self-determination, the prevention of recidivism on road crime and promote employability prisoners ' future.