Establishes Measures For The Protection Of Children, In Accordance With Article 5 Of The Council Of Europe Convention Against Sexual Exploitation And Sexual Abuse Of Children, And The Second Amendment To Law No. 57/98, Of 18 August

Original Language Title: Estabelece medidas de protecção de menores, em cumprimento do artigo 5.º da Convenção do Conselho da Europa contra a Exploração Sexual e o Abuso Sexual de Crianças, e procede à segunda alteração à Lei n.º 57/98, de 18 de Agosto

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CDS-PP people's Party Parliamentary Group Assembly of the Republic-Palace of Saint Benedict-1249-068 Lisboa-Phone: 21 391 9233-Fax: 21 391 7456 Email: Bill No. 541/X Consecrates legal permissions of access to criminal identification in smaller processes, as well as the permanent record of crimes against minors on May 20, took place in the Assembly of the Republic a Conference on the theme "missing and exploited children Sexually – Internet security" organized by the child support Institute, in which participated, among other entities, the Prosecutor General of the Republic.

On that occasion, in statements made to the press, the Prosecutor General's Office warned of the existence of the real danger of individuals who abuse or abused minors, may adopt children, simply because the crimes disappear from criminal records after 5 or 10 years after completion of sentence.

On the same occasion, the President of the Office of child support expressed your amazement at the fact that the representatives of the Public Ministry of family courts and minors do not have access to criminal record certificates, especially in the stocks of inhibition of exercise of parental authority, when there is evidence of sexual abuse of children and suspicion of other past crimes.

However, this type of alerts that come from entities with responsibility, direct knowledge about these situations and hazardous nature of the goods concerned legal, may not, in any way, deserve the silence or omission by those who have duty to legislate and create 1 2 legal system that, in fact and not just right, come against the social context of the country and to the set of axiológicos values and value of certain behaviors as well as the dangers and the social alarm that can generate in the community in General.

Indeed, the set of values that can, and should, be considered, the legislature cannot, ever, forget the context in which it operates, the constantly changing modern societies and the social impact, every moment, certain behaviors can cause in society.

Indeed, no one can appropriate a legal system that allows, or at least avoid, legislative gaps denounced and that certainly deserve the concern of a vast majority of Portuguese.

By means of this draft law, wants the CDS-PP to correct these two shortcomings of the Criminal Identification Act (Law No. 57/98, of 18 August).

So:-art. 7 of the aforementioned law, added the clause that enshrines the possibility of, in addition to the cases of criminal investigation and criminal procedures and instruction for the application of penalties, to the representatives of the judiciary and the Public Ministry access to information about criminal identification in all proceedings involving minors;

-In art. 15, dedicates expressly not deregistration of decisions about the crime of maltreatment and on crimes against personal freedom, when the victim is a minor, or on crimes against sexual freedom or self-determination.

3 indeed, the organ of sovereignty Parliament, legislative body par excellence, cannot ignore the complaints of those who know and work daily with the reality of children and of the processes that affect them, especially when these warn of the incongruities of the law and the loopholes that could allow the practice of heinous crimes, under penalty of not fulfilling , fully, the constitutional role and legally you are assigned.

Therefore, the undersigned Members have the following draft law: Article Only articles 7 and 15 of law No. 57/98, of 18 August, are replaced by the following: "article 7 [...]

1-Can still access the information about criminal identification: a) The judicial magistrates and the public prosecutor for criminal investigation purposes and education of criminal cases involving minors, and execution of sentences; b) …; c) …; d) …; e) …; f) …; g) …; 4:00) ...; I) ...

Article 15 [...]

1 – ….. 2-When the information on criminal identification is required by judicial magistrate or the public prosecutor's Office for any of the purposes referred to in subparagraph (a)) of paragraph 1 of article 7, shall also be transmitted the decisions about the crime of maltreatment and on crimes against personal freedom, when the victim is a minor, or on crimes against sexual freedom or self-determination , even if cancelled. 3 – (former paragraph 2). 4 – (former paragraph 3).

Palácio de s. Bento, 16 June 2008.

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