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PROPOSED LAW NO. 44 /XI/2.

Exhibition of Motives

The present proposed Act amenates the Combating Terrorism Act, passed by the Law

n ° 52/2003 of August 22 with a view to ensuring the criminalization of incitement

public to the practice of terrorist offences, from recruitment to terrorism and training

for terrorism, whenever committed in a dolly manner, by adapting to domestic law a

Council Decision-Table No 2008 /919/JAI of November 28 amending the

Council Decision No 2002 /475/JAI of the Council of June 13, 2002 on the fight

against terrorism.

Specifically, it is intended to punish anyone who difunds messages aimed at a group

undetermined of people inciting to the practice of terrorist acts, whoever makes recruitment

of other persons for the practice of such acts and who trains for the manufacture of explosives,

firearms or other harmful or dangerous substances for the purposes of the practice of acts

terrorists. The prison terms proposed for the practice of these acts vary between 2 and 5

years.

The obtaining of a common normative framework for all Member States and in particular

of a harmonised definition of terrorist offence has determined the emergence of the

Council Decision-Table No 2002 /475/JAI of June 13, 2002 on the fight

against terrorism, which formed the basis of the anti-terrorist policy of the European Union.

It was in this context and of the need to ensure effective suitability of planning

legal Portuguese to Framework Decision No 2002 /475/JAI that was passed the Combat Act

to Terrorism. Notwithstanding the Criminal Code to predict at that time the crimes of

"Terrorist Organizations" and "Terrorism", the Portuguese legislator has opted, in the face of the

innovative aspects of the European legal act and the intrinsic nature and severity of the

offences connected with the terrorist activities, by the creation of an autonomous law of the

Terrorism and for the consequent repeal of the corresponding standards of the Criminal Code.

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In the face of the evolution of international instruments connected to the subject matter and the change of the mode of

acting of the activists and supporters of terrorism, arose the need to proceed to the

amendment of the European legislation in this framework, by the approval of a new Decision-

Framework that predicates the incrimination of public incitement to the practice of offences

terrorists, from recruitment to terrorism and from training to terrorism, whenever

committed in a dolly way. This was the goal that was in the genesis of the Framework Decision

n ° 2008 /919/JAI of the Council of November 28, the fulfilment of which implies, in this

moment, a change from the Combating Terrorism Act.

The observance of the new community precepts in the Portuguese legal planning can

come to fruition-whether through the amendment of the Combating Terrorism Act, or through the

addition of new penal types. In this context, because it is shown to be necessary to maintain the

harmony and the stability of the articulate of the Criminal Code, and in such a way as to prevent the return to

inclusion of the offences linked to the terrorist activities in the Criminal Code, is intended

follow the previous legislator's option and propose the amendment of the Act No. 52/2003, 22 of

August.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

This Act amenters the Act No. 52/2003 of August 22 and aims to comply with the

Council Decision-Table No 2008 /919/JAI of November 28, 2008 amending the

Council Decision-Table No 2002 /475/JAI of June 13, 2002 on the fight

against terrorism.

Article 2.

Amendment to Law No. 52/2003 of August 22

Articles 4 and 5 of Law No 52/2003 of August 22, amended by Laws No. 59/2007, of

September 4 and No 25/2008 of June 5, they shall be replaced by the following:

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" Article 4.

[...]

1-[...].

2-[...].

3-Who, by any means, disseminate message to the public inciting to practice

of the facts provided for in Article 2 (1), with the intention therein, is

punished with a prison sentence of 2 a to 5 years.

4-Who, by any means, to recruit for the practice of the facts provided for

in Article 2 (1), with the intention of it referred to, is punished with penalty of

prison from 2 a to 5 years.

5-Who, by any means, train or instruct to hear about the manufacture or the

use of explosives, firearms or other weapons and harmful substances

or hazardous, or about other methods and techniques specific to the practice

of the facts provided for in Article 2 (1), with the intention therein, is

punished with a prison sentence of 2 a to 5 years.

6-[ Previous Article No 3 ].

Article 5.

[...]

1-[...].

2-It is correspondingly applicable to the provisions of paragraphs 2 a to 6 of the article

previous. "

Article 3.

Entry into force

This Law shall come into force 30 days after its publication.

Seen and approved in Council of Ministers of November 11, 2010

The Prime Minister

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The Minister of the Presidency

The Minister of Parliamentary Affairs