Approves The Procedural Scheme Applicable To Labour And Social Security Breaches

Original Language Title: Aprova o regime processual aplicável às contra-ordenações laborais e de segurança social

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449344d6931594c6d527659773d3d&fich=ppl282-X.doc&Inline=false

1 PROPOSAL of law No. 282/X/4th explanatory memorandum the tripartite agreement for a new system of regulation of labour relations, employment policies and social protection in Portugal, between the XVII constitutional Government and partners with seat in the Permanent Committee of Social dialogue (CPCS), signed on 25 June 2008, predicted that, for reasons of legislative simplification and systematic procedural matter about labour offences should not be included in the labour code, but should be the subject of its own legislation. It was further agreed that the new regime should provide that contravention of procedural powers to the authority for working conditions (ACT) and the services of the Social Security Institute, i. p. (ISS, I. P.) for any one of them could intervene in the identification of situations of concealment of the employment contract, in order to prevent and discourage non-compliance with the duties contributory and social enterprises and to guarantee the right of workers to the protection conferred by the the social security system. However, such a requirement will only be achievable if they created the mechanisms and the conditions that allow the services involved have the legal instruments enabling them, inter alia, to carry out an audit at the same time effective, preventive, to combat misuse of the «false» green receipts. 2 in this context, we must change the procedural scheme applicable to labour and social security offenses, simplify and make common to its handling, adapting it to the substantive scheme of contravention recently established in the labour code. In these terms, in compliance with that agreement, and under the shed in the 17TH Constitutional Government program, this Bill proceeds to the adjustment of the procedural regime of labour and social security offenses. Must be heard the Government organs of the autonomous regions and through public discussion in Parliament, must be operated all the procedures necessary to ensure the participation of representative structures of workers and employers, in accordance with the provisions of articles 470.º and 472.º of the labour code. Were held consultations with the social partners with seat in the Permanent Committee of Social dialogue. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 3 LEGAL SCHEME of the PROCESS of administrative offences and SOCIAL SECURITY EMPLOYMENT Chapter I subject matter, scope and competence article 1 subject-matter and scope this law establishes the legal regime of the process applicable to labour and social security offenses. Article 2 Jurisdiction for the offences 1 procedure-the procedure of administrative offences within the scope of this law it is for the following administrative authorities: a) the authority for working conditions (ACT), when offenses are concerned by violation of rights or endorsing standard imposes duties on any subject within the scope of the employment relationship and that is punishable by fine; (b)) to the Social Security Institute, i. p. (ISS, I. P.), while misdemeanors are concerned carried out within the framework of the social security system. 2-where a supply of business, so apparently, in terms of contract of employment characteristics, which can cause injury to the employee or to the State or the lack of communication from the worker's social security admission, any of the administrative authorities referred to in the preceding paragraph shall be competent for the procedure of the contravention. 4 Article 3 Competence for the decision 1-the decision of an administrative offence shall: a) to the Inspector-General of labour (IGT), in the case of labour offences; (b)) the Governing Board of the ISS, I. P., in the case of offences committed within the framework of the social security system. 2-in accordance with paragraph 2 of the preceding article of a misdemeanour decision rests with the Inspector-General of labour when the relevant procedure has been performed by the ACT and the Governing Board of the ISS, I. P., where it has been held by the ISS, i. p. 3 – the powers referred to in this article may be delegated pursuant to the administrative procedure Code (CPA). Article 4 territorial jurisdiction Are territorially competent for the procedure of administrative offences, within their respective areas of action in accordance with the powers provided for in the corresponding organic laws: the decentralised services of the ACT) in whose area if there is checked against-ordering. b) the services of ISS, I. P., in whose area if there is verified the alleged infringement.

5 Chapter II procedural Acts on stage article 5 administrative procedural Form 1 – in the context of the administrative procedure, the procedural acts may be charged in computer-readable form with placing of qualified electronic signature. 2 – procedural acts and documents signed in accordance with the preceding paragraph shall replace and dispense to any effects the autograph signature in the paper-based process. 3-for the purposes set out in the preceding paragraphs, can only be used a qualified electronic signature according to the legal requirements and regulations required by the electronic certification system of the State. 4-the procedure under the administrative procedure can be carried out electronically. Article 6 counting of periods 1-the count of the deadlines for the procedural acts provided for in this law shall apply the provisions of the law of criminal procedure. 2-the count referred to in the preceding paragraph is not suspended during the judicial vacations. Article 7 1 Notifications-notifications are addressed to the registered office or to the address of the recipients. 6

2-interested parties involved in any procedures undertaken by the competent administrative authority shall communicate, within 10 days, any change in your registered office or domicile. 3-If the non-compliance with the preceding paragraph lead to lack of receipt of notification by the parties concerned, this shall be deemed to have been made for all legal purposes, without prejudice to the provisions of the following article. Article 8 Notification by registered letter 1-notifications in a misdemeanour procedure shall be made by registered letter with acknowledgement of receipt, notify the defendant of the auto news, participation and the decision of the administrative authority applying fine, sanction or admonition accessory. 2-where the notifying refuses to receive or sign the notification, the distributor of the postal service certifies the refusal, considering the document. 3-the notification by registered letter shall be deemed to have been effected on the date on which it signed the acknowledgement of receipt or on the third business day after the date when the notice is signed by diverse person notifying. Article 9 Notification pending 1-process notifications pending the proceedings referred to in paragraph 1 of the preceding article shall be carried out by means of a simple letter.

7 2-when notification is made by simple letter must be expressly recorded in the process the date of their shipment and the address to which it was sent, considering the notification made on the fifth day after the date indicated there, and making provision in the Act of notification. 3 – where there is express and informed consent of the accused or it is represented by an advocate, the notifications referred to in the preceding paragraph may be made by fax or via e-mail. 4-for the purposes of the preceding paragraph, it is express consent and informed use of fax or e-mail by the defendant as a means to contact the competent administrative authority. 5-When the notification is to be made by fax or via e-mail, it is assumed that it was made on the date of issuance, serving as proof, respectively, a copy of the notice where the record a statement to the effect that the message was sent successfully, as well as the date, time, and fax number of the recipient or extract from the message, which will be close to the record. 6 – where the defendant is represented by advocate legal notifications are to this. Chapter III inspection article 10 Inspection Procedures 1-in the performance of their professional functions, the labour inspector carries out, without prejudice to the provisions in specific legislation, the following procedures: 8 a) Order with immediate effect or to decentralised services presentation service inspection competence of the Ministry responsible for labour area, examine and copy documents and other records that interest to the clarification of the working relationships and working conditions; b) notify the employer to adopt preventive measures in the field of occupational risk assessment, in particular to promote, through specialised bodies, measurements, tests or examinations on the components work materials; c) Notify so that they are immediately enforceable measures, including the suspension of ongoing work, in case of serious risk or probability of serious injury check of life, physical integrity or health of workers; d) Lift the news and shares in respect of the infringements found in the exercise of their jurisdiction, and may also raise record warning in case of infringements classified as light and of which still didn't work out serious injury to workers, to the administration of work or social security. 2-in the performance of their professional functions the social security inspector carries out, without prejudice to the provided for in specific legislation, the following procedures: a) Ordering and copy, with immediate effect, for examination, consultation and joint to the record books, documents, records, files, and other elements pertaining to the entities whose activity is subject of your action and that interest to the investigation of the facts which are the subject of inspection;

9 b) Lift the news and shares in respect of the infringements found in the exercise of their powers, and may also raise auto warning in case of infringements classified as light and of which still didn't work out serious injury to social security; c) Notify employees, beneficiaries or not, as well as employers who are found in breach, and may also carry out notification of other citizens, with a view to your inquiry as witnesses and reporting, or with the option of reducing their written statements; d) right to free access, in accordance with the law, by time and time required for the performance of their duties, at the premises of the entities subject to the exercise of its powers; and, of the entities audited) get to support supervisory activities, the transfer of appropriate facilities, material and equipment itself as well as the collaboration of personnel is essential; f) correspondence, in service, with all the public and private entities on issues of service of your mission; g) Ordering the necessary collaboration of police and administrative authorities, for the performance of their duties. 3-the inspector of labour or social security, as the case may be, may notify or deliver immediately to the offender the instruments referred to in paragraphs 1 and 2, with the exception, in the latter, the record number of news and planned holdings in its subparagraph (b)).

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4-the notification or delivery must be made with the alleged infringement, the measures recommended to the offender and the deadline for your compliance, warning that non-compliance with the recommended measures influences on determination of the extent of the fine. Article 11 notification under inspection procedures 1-inspection procedures applies the system of notifications provided for in this Act apply mutatis mutandis, except as provided in the following paragraph. 2-In case of immediate delivery, the notification shall be deemed to have been made in the person of the offender if it is carried out on any person who represents it at the time, or in your absence, any worker who is to serve on the site. Article 12 mode and place of fulfillment 1 – if the compliance with the standard in relation to alleged infringement is proven by documents, the guy in charge displays or sends the title documents proving compliance with devolutive in territorially competent service of the respective administrative authority, within the time limit set. 2-in the case of an administrative offence not covered by the preceding paragraph, the inspector may order the guy responsible for that infraction, within the time limit set, discloses to the territorially competent service which has taken the measures necessary to meet the standard.

11 Chapter IV proceedings Section I of article 13 administrative phase Auto news and 1 participation – the auto news and participation are drawn up by labour inspectors or social security, depending on the nature of the offences concerned. 2-Notwithstanding the provisions of special legislation, there is auto news when, in the performance of their duties the inspector of labour or social security check or check, personally and directly, even for immediate form, any infringement of the rules subject to the supervision of the respective administrative authority sanctioned with fines. 3-the facts are considered proven materials listed in the auto news lifted pursuant to paragraph 1 while the authenticity of the document or the accuracy of the content your are not perfectly called into question. 4 – with regard to the offences of administrative nature whose verification has not been proven in person by the inspector of labour or social security, there is room to develop participation instructed with the available evidence and the appointment of at least two witnesses and a maximum of five, regardless of the number of offences in question.

12 article 14 1 offence Auto-auto of infringement is raised by any social security technician. 2 – place the infringement when it is checked for any coach in the performance of their duties corresponding to a misdemeanour offence. 3-the facts are considered proven materials listed in the auto raised pursuant to the preceding paragraph while the authenticity of the document or the accuracy of the content your are not perfectly called into question. Article 15 auto news elements, participation and infringement 1 self-auto news, the participation and the offence referred to in the preceding articles mention specifically the facts constituting the alleged infringement, the day, time, place and circumstances in which they were committed and which can be verified about the identification and residence of the accused , the name and position of autuante or participant and concerning the participation, identification and residence of witnesses. 2-When the person responsible for an administrative offence is a legal person or equated, indicating, where possible, the seat of the legal person and the identification and residence of the respective managers, administrators or directors. 3-in the case of subcontract, indicating, where possible, the identity and residence of the processor and of the principal contractor. Article 16 the autuante Impediments or the participant may not exercise to use its functions in the same process.

13 article 17 notification to the defendant of the labour offences 1-auto news, the participation and the infringement are notified to the accused, to within 15 days, to proceed with the voluntary payment of the fine in accordance with article 19 2 – within the period referred to in the preceding paragraph, may the defendant, Alternatively, submit written answer or appear in person to submit reply and should join the evidentiary documents in its possession and call or present witnesses, up to a maximum of two for each infringement. 3-when you have practiced three or more offences to which a single fine, the defendant can call up to five witnesses for all offences. Article 18 notification to the accused of the offences of social security 1-the accused is notified of the facts that you are charged for, within 15 days, to proceed with the voluntary payment of the fine, or contest it, wanting, and present the evidentiary documents in its possession and call witnesses, up to a maximum of two for each infringement. 2-when you have practiced three or more offences to which a single fine, the defendant can call up to five witnesses for all offences. Article 19 voluntary payment of the fine 1 – at any time of the process, but before the decision of the competent administrative authority, the defendant may proceed to the voluntary payment of the fine, in the following terms: 14

a) in the case of voluntary payment of the fine carried out within 15 days laid down in paragraph 1 of articles 17 and 18, the fine is settled by the minimum value that corresponds to a misdemeanour committed with negligence, and should take into account the increase in the form of recurrence, without costs; b) in the case of voluntary payment of the fine made subsequently to the period referred to in the preceding paragraph but before the decision of the competent administrative authority, the fine is settled by the minimum value that corresponds to a misdemeanour committed with negligence, and should take into account the increase in the form of recurrence, plus appropriate costs. 2-If the alleged infringement consists in the lack of delivery of maps, reports, or other documents or the omission of mandatory communications, the voluntary payment of the fine is only possible if the defendant to remedy the failure within the same period. 3-the voluntary payment of the fine, pursuant to paragraph 1 is tantamount to conviction and dismissal, and may not be reopened, and the facts may not be assessed again as a misdemeanour, unless the against-applicable accessory sanction, in which case proceeds restricted to the application of the same. Article 20 joint responsibility for payment of the fine pursuant to articles 17, 18 and 19 shall apply mutatis mutandis to the subject jointly and severally liable for payment of the fine.

15 article 21 1-Witnesses witnesses indicated by the defendant in the written answer shall be submitted on the date, time and place indicated by the instructor of the process. 2-the statements provided in accordance with the preceding paragraph may be documented in audiovisual technical means. 3-the statements or information collected pursuant to the preceding paragraph are not reduced to writing, or your transcript is required for the purposes of appeal and shall be attached to the copy of the recording process. Article 22 adjournment of the diligence of inquiry of witnesses 1-the stage of inquiry of witnesses can only be delayed once, although the 1st has been deemed justified. 2-it is considered justified the lack motivated by fact not attributable to wrongful which renders them unable to attend in the procedural act. 3-the impossibility of attendance must be communicated with five days in advance, if predictable, and the day and time designated for the Act or within 24 hours in case of manifest impossibility, if unpredictable, consisting of communication the respective reason and predictable duration of the impediment, no justification for the lack. 4-the evidence of the impossibility of attendance shall be submitted with the notification referred to in the preceding paragraph.

16 Article 23 legitimacy of unions as assistants 1-In proceedings under this section, may constitute trade union associations representative of the Assistant workers in respect of which the alleged infringement. 2-the Constitution of Wizard are applicable, mutatis mutandis, the provisions of the code of criminal procedure. 3-the Constitution of Assistant are not owed any fees. Article 24 time limit for 1 statement – the time limit for statement completion is 60 days. 2-the deadline referred to in the preceding paragraph may be successively extended for periods in duly motivated cases. 3-for the purposes of paragraph 1, the time limit begins with the distribution of the process to the respective instructor. Article 25 1 condemnatory Decision – the decision imposing the fine and or ancillary penalties contains: a) the identification of the subject responsible for the infringement; b) the description of the facts charged, with indication of the evidence obtained; c) the indication of the standards according to which punishes and the reasons for the decision; d) the fine and penalties. 17 2-the decision reportedly also information that: a) the conviction becomes final and enforceable if not contested judicially in accordance with articles 32 to 35; b) in the case of judicial review, the Court may decide by hearing or, if the subject responsible for the offence, the public prosecutor and, when there, oppose, upon order. 3-the decision also contains the order of payment of the fine within 10 days after the final or transit case. 4 – not having the defendant exercised the right of defence in accordance with paragraph 2 of article 17 and paragraph 1 of article 18, the description of the facts charged, the evidence, and of the circumstances relevant to the decision is made by simple reference to the auto news, for participation or for the infringement. 5-the reasons for the decision can consist of mere declaration of agreement with fundamentals of previous opinions, information or decision-making proposals drawn up under their alleged infringement process. Article 26 of the judgment enforcement of application of fine which does not show settled in legal term has the title executive nature.

18 article 27 payment of the fine in instalments 1 – Exceptionally, when the defendant requires it and since your economic situation justifies it, can mean a competent administrative authority, after judgment, authorize the payment of the fine in instalments, the last of which may not go beyond one year subsequent to the finality of the decision. 2-non-payment of the provision implies maturity of all the others. 3-for the purposes of examination of the application for payment of the fine in instalments, the defendant has to prove the impossibility of immediate payment of the fine. 4-where is authorized the payment of the fine in instalments, the labor credits where the employer has been convicted and the amounts owed to social security are paid for with the first installment as well as the relevant expense. Subsection (I) Special Procedure article 28 1-Scope the offence classified as mild or severe, with legal minimum value less than or equal to the value of 10 UC, follows the form of special process. 2-the special process shall not apply when the offender has been convicted of a previous offence, which hasn't held a period superior to prescription of their fine, counted from the date of judgment.

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Article 29 1 Procedure – the competent administrative authority, before the charge, notifies the offender of the summary description of the facts charged, with mention of the legal provisions violated and indication of the value of the fine calculated. 2-in the same notification the offender is advised of the possibility of payment of the fine within five days, with the reduction provided for in accordance with the procedure in the following article, since they proceed simultaneously to the fulfilment of the obligation due. 3-the lack of response from the offender, refusal of payment within the time limit referred to in paragraph 2 or the failure to comply with the obligation due, determines the continuation of the process immediately in accordance with the procedures laid down in articles 17 to 27, with the following adaptations: a) the time limit referred to in paragraph 1 of articles 17 and 18 shall be reduced to 10 days; b) the time limit referred to in paragraph 1 of article 19 is reduced to 10 days; c) the time limit referred to in paragraph 1 of article 24 is reduced to 30 days. Article 30 reduction of the fine the fine value, calculated for the purposes of paragraph 2 of the preceding article, corresponding to 75% of the minimum legal amount applicable. Article 31 comply with the fulfilment of the obligation due and the corresponding payment of the fine in accordance with paragraph 2 of article 28 is equivalent to final judgment and the fact that return to be enjoyed as a misdemeanour, or the offender to challenge that decision in court. 20 SECTION II judicial Phase article 32 judicial review of decisions applying the fines the decision of the authority in the application of a fine is liable to judicial review. Article 33 Form and term 1 – judicial review shall be addressed to the competent labour court and must contain allegations, findings and evidence to produce. 2-the judicial review in the administrative authority that has made the decision to apply the fine, within 20 days after your notification. Article 34 the competent court shall have jurisdiction of judicial review the Labour Court in whose territorial area if you have checked the alleged infringement. Article 35 effects of judicial review 1 – judicial review has merely devolutive effect. 2-the judicial review has suspensive effect if the applicant to deposit the amount of the fine and the costs of the proceedings, within the time limit referred to in paragraph 2 of article 33, on Bank, in favour of the competent administrative authority that issued the decision applying the fine. 21 3-the deposit referred to in the preceding paragraph may be replaced by a bank guarantee, in "the first request". Article 36 the case back to the Prosecutor's Office 1-Received the judicial review and, where appropriate, carried out the deposit referred to in the previous article, the competent administrative authority sends the case back to the Prosecutor's Office within 10 days, and if the understand, present allegations. 2-Up to sending the record, can the competent administrative authority to revoke, in whole or in part, the decision to fine or sanction accessory application. Article 37 Presentation of the case back to the judge the MP makes always present the case back to the judge, indicating the respective evidence for this act as prosecution. Article 38 non-acceptance of judicial review 1-judge rejects, by means of Decree, the judicial review made out of term or without compliance with the requirements of form. 2-This Decree appeal, which rises immediately. Article 39 judicial Decision 1-the judge decides the case through trial or hearing through simple dispatch. 22 2-judge decides by Decree when no deems necessary the audience of trial and the defendant or the MP did not oppose. 3-the order may order the dismissal, acquit the defendant or to maintain or change the conviction. 4-the judge based your decision, as regards both the facts and law applied and the circumstances that determined the extent of the sanction, which may be based on a mere declaration of agreement with the judgment of the administrative authority. 5-In case of acquittal, the judge indicates why not consider proven the facts or because they do not constitute an administrative offense. Article 40 the audience to accept the judicial review judge marks the hearing, except in the case referred to in paragraph 2 of the preceding article. Article 41 withdrawal of charges at any time, and to the judgment at first instance or to be delivered the order provided for in paragraph 2 of article 39, may the Prosecutor, with the agreement of the accused and of the administrative authority, withdraw the accusation. Article 42 the defendant's Participation in the hearing 1-the defendant is not required to attend the hearing, unless the judge consider your presence as necessary for clarification of the facts. 23 2-in cases where the judge ordered the defendant to proceed without the presence of this audience. Article 43 the absence of the defendant in cases where the accused does not appear or is represented by a lawyer, taking into account the statements that have been taken in the process of ordering that ran the competent administrative authority or notes that he has never spoken on the subject of the record, despite having been given the opportunity to do , and proceeds to trial. Article 44 Participation of the public prosecution service the public prosecution service is present at the hearing. Article 45 participation of competent administrative authority 1-the Court communicates to the competent administrative authority the hearing date for wanting this to be able to participate at the hearing. 2-the Prosecutor, after notification of the decision not to prosecute, acquittal or conviction, amendment requests the written pronunciation of the competent administrative authority, within five days, in order to be considered a possible appeal in the process. 3 – the Court communicates to the competent administrative authority, immediately and before the transit, the sentence as well as the other final decisions.

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Article 46 1 resource withdrawal-the judicial review may be withdrawn by the defendant to the sentence in first instance or to be delivered the order provided for in paragraph 2 of article 39 2-After the start of the trial, hearing the judicial review can only be withdrawn by the Prosecutor. Article 47 1 Proof-it is for the Prosecutor to promote evidence of all the facts which it considers relevant to the decision. 2-it is for the judge to determine the scope of the evidence. 3-the Prosecutor and the accused may call up to a maximum of two witnesses for each infringement. 4-in the case of three or more offences to which a single fine, the public prosecutor and the accused may call up to five witnesses for all offences. Article 48 judicial Admonition in exceptional cases, where the offence consists of administrative offense classified as mild and reduced the defendant's fault, where can the judge issue a warning.

25 article 49 court decisions to admit 1 feature – it is an appeal to the Court of appeal of the sentence or court order in accordance with article 39 when: a) is applied to the defendant a fine exceeding 25 UC or equivalent value; b) the conviction of defendant cover penalties; c) the defendant is acquitted or the case is filed in cases where the competent management authority has applied a fine exceeding 25 UC or equivalent value, or that such a fine has been claimed by prosecutors; d) the judicial review is rejected; and) the court decide through order despite the applicant having opposite pursuant to paragraph 2 of article 39 2-in addition to the cases referred to in the preceding paragraph, may Court of appeal, at the request of the accused or the Prosecutor, accept the appeal as manifestly appears necessary to improve the application of the law or the promotion of uniformity of jurisprudence. 3-If the judgment or order under appeal are related to offences or multiple defendants and just about any of the offences or to any of the defendants are the assumptions needed, the resource rises on those limits. Article 50 1 resource Regime-the appeal is lodged within 20 days from the judgment or order, or of your notification to the defendant, if the decision has been made without the presence of this. 26 2-in the cases provided for in paragraph 2 of the preceding article, the request follows adjacent to the resource, preceding it. 3 – in these cases, the decision on the application is preliminary question, which is settled by reasoned order of the Court, or the refusal to withdraw your appeal. 4-the feature follows the course of the appeal in criminal proceedings, having regard to the specialties that results of this diploma. Article 51 scope and resource effects 1-If otherwise not result of this law, the second instance only know of the matter, not being law appeal of its decisions. 2-the decision of the appeal may: a) Change the Court's decision under appeal without any linking the terms and meaning of the contested decision; b) Cancel it and return the defendant to the court process. CHAPTER V article 52 procedure prescription Prescription Without prejudice causes of suspension and interruption of the limitation period provided for in the General system of administrative offences, the procedure shall cease by prescription as soon as effect on the practice of the administrative offense there five years elapsed.

27 Article 53 suspension of limitation period 1 — the requirement of a misdemeanour procedure shall be suspended, in addition to the cases provided for by law, especially during the time when the procedure: a) can legally begin or continue for lack of legal authorization; b) can proceed by the defendant notified infeasibility by registered letter with acknowledgement of receipt; c) is pending from sending the case back to the Prosecutor until your return to the competent administrative authority, in accordance with the general scheme of the contravention. d) is pending from the notification of the order carrying out preliminary examination of the action brought against the decision of the competent administrative authority, until the final decision of the appeal. 2 — in the cases provided for in paragraph 1 (b)), c) and (d)) of the preceding paragraph, the suspension may not exceed six months. Article 54 interruption of the limitation period 1 — the requirement of a misdemeanour procedure stops: a) the defendant's communication of orders, decisions or measures taken against him or any notification; (b)) for the cost of any diligence, including examinations and searches, or with the application for aid to police or any administrative authority;

28 (c)) With the notification to the defendant for exercising the right to a hearing or with the statements made by him in the exercise of that right; (d)) With the decision of the competent administrative authority making the application of the fine. 2 — in cases of infringements, the interruption of prescription of the criminal procedure determines the interruption of the limitation period for a misdemeanour procedure. 3 — prescribing the procedure has always place when, from your home and provided the suspension time has elapsed the prescription period increased by half. Article 55 the fine Without prejudice causes of suspension and interruption of the limitation period provided for in the general scheme of the contravention, fines shall be of five years from the finality or transit in case judgment. Article 56 suspension of prescription of the fine the fine is suspended during the time when: a) under the law execution may not start or may not continue to take place; b) execution is interrupted; c) is in progress in payment plan payments.

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Article 57 interruption of the limitation period of the fine 1 — the fine stops with your implementation. 2-the prescription of the fine occurs when, from your home, and except for the time of suspension, the term has elapsed normal prescription increased by half. Article 58 Prescription of penalties shall apply to additional sanctions the regime laid down in the previous articles to the prescription of the fine. Chapter V Costs article 59 costs where otherwise not result of this law, shall apply, mutatis mutandis, the provisions of the regulation of costs. Chapter VI final provisions article 60 supplementary law whenever the opposite does not result of this law, shall apply mutatis mutandis to the precepts of a misdemeanour proceedings provided for regulators in the general scheme of the contravention. 30 article 61 performance of obligation due payment of the fine does not relieve the offender from compliance with the obligation if this is still possible. Article 62 communications between the competent administrative authorities for the purposes of paragraph 2 of article 2, the competent administrative authorities shall communicate with each other, on a quarterly basis, a misdemeanour procedures in course and the fines imposed. Article 63 autonomous regions in the application of this law to the autonomous regions are taken into account the legal powers granted to the respective agencies and regional services. Article 64 Standard set Are deleted articles 14 to 32 of Decree-Law No. 64/89, of 25 February. Article 65 1 – entry into force this law shall enter into force on the first day of the month following the month of your publication.

31 2-the provisions of this Act relating to the audiovisual and computer means only enter into force on the date of your implementation by the competent services of the Ministry responsible for labour area.

Seen and approved by the Council of Ministers of 7 May 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency