Criminal law and criminal proceedings.in Portugal

It is the will to commit the criminal act while being aware of its elements. It is distinct from negligence, in which the person does not intend the result but breaches a duty of care. Most crimes are only punishable when there is intent (art.º 13.º do Código Penal).

It is the breach of a duty of care that leads to a prohibited result, without the intention of causing it. It is only punished when the law expressly provides for it, such as in a negligent offence against physical integrity or in negligent homicide.

It is an act carried out as a necessary means to repel an ongoing and unlawful attack on legally protected interests of oneself or of a third party, such as life, physical integrity or property (art.º 32.º do Código Penal). Where it is established, it excludes the unlawfulness of the act and the person is not punished.

It is the carrying out of an act to avert an ongoing danger threatening legally protected interests. It may exclude unlawfulness or only culpability, depending on the values in conflict (art.º 34.º e 35.º do Código Penal).

It is the extinction of criminal proceedings through the passage of time. The limitation periods vary with the seriousness of the crime, as a rule between 2 and 15 years counting from completion (art.º 118.º do Código Penal). The period may, however, be suspended or interrupted by certain acts in the proceedings (art.º 120.º e 121.º). There are also special rules. In crimes against the sexual freedom and self-determination of minors, for example, the proceedings do not lapse before the victim reaches 25 years of age (art.º 118.º, n.º 5). For this reason, do not treat a crime as time-barred without doing the calculations with a lawyer.

There is an attempt when a person carries out acts in execution of a crime they have decided to commit, without that crime being completed (art.º 22.º do Código Penal). Save where otherwise provided, an attempt is punishable only where the completed crime carries a penalty of more than 3 years' imprisonment (art.º 23.º, n.º 1), and it is punished with the penalty for the completed crime, specially mitigated (n.º 2).

It is the involvement of several people in the same crime. The law distinguishes the perpetrator, who carries out the act, from the accomplice, who merely assists. The degree of participation is reflected in the measure of the sentence (art.º 26.º e 27.º do Código Penal).

It is the repeated commission of the same type of crime, within the framework of a single external situation that considerably reduces the person's culpability, treated as a single crime for the purposes of punishment (art.º 30.º, n.º 2, do Código Penal), applying the sentence corresponding to the most serious conduct. This regime does not, however, cover crimes committed against eminently personal interests, such as life or physical integrity (art.º 30.º, n.º 3).

It is the incapacity to assess the unlawfulness of the act or to act in accordance with that assessment, on account of being under 16 years of age or of a mental disorder (art.º 19.º e 20.º do Código Penal). A person who lacks criminal responsibility is not punished with a penalty. A person who lacks it on account of a mental disorder may be made subject to a security measure, and minors between the ages of 12 and 16 answer under the educational guardianship law (Lei Tutelar Educativa). Below the age of 12 the response is one of promotion and protection.

It is the principle that no one may be tried more than once for the same act (art.º 29.º, n.º 5, da Constituição). It ensures that, once proceedings have been definitively decided, the same matter is not reopened.

An administrative offence (contraordenação) is an administrative wrong, punished with a regulatory fine (coima) that is not entered on the criminal record. A crime is punished with a criminal penalty, as a rule imprisonment or a fine, imposed by a court and recorded on the criminal record. Even so, the certificates requested for employment purposes contain only decisions banning or barring the exercise of the profession or activity, not convictions in general (art.º 10.º, n.º 5, da Lei n.º 37/2015). Everything does appear, however, on the certificates required for professions where the law requires the absence of a criminal record (n.º 6). Depending on the seriousness, the same conduct may be treated as one or as the other.

It is the database that records each person's convictions. The criminal record certificate is required in many contexts. Convictions are cancelled once the time limits of Lei n.º 37/2015 have elapsed, according to the penalty applied, as explained in 'How long does a conviction stay on the criminal record and how do I request its cancellation?'.

Cancellation is, as a rule, automatic on the expiry of the time limit, without any application (art.º 11.º da Lei n.º 37/2015). The period counts from the extinction of the sentence: 5 years for prison sentences of less than 5 years, 7 years for sentences of 5 to 8 years and 10 years for those over 8, always provided there is no further conviction in that period.

It is the moment when the decision can no longer be challenged by an ordinary appeal and becomes final. Only from that point does the conviction produce its full effects, in particular the serving of the sentence.

It means that you become the person against whom the proceedings are directed, with a specific status. It is not a conviction. It is, in large part, a protection, since you come to know the facts and are able to defend yourself.

It is the public prosecutor (Ministério Público), during the criminal investigation (inquérito), assisted by the criminal investigation police. Acts that restrict fundamental rights depend on the pre-trial judge (Juiz de Instrução Criminal).

The criminal investigation (inquérito, handled by the public prosecutor), the pre-trial examination phase (instrução, optional, before the pre-trial judge) and the trial (before the trial court).

In the first-instance court (tribunal de comarca) in whose area the crime was completed (art.º 19.º, n.º 1, do Código de Processo Penal). Its composition varies with the seriousness. Crimes carrying a penalty of up to 5 years are tried by a single judge (art.º 16.º). Above that, a panel of judges sits (art.º 14.º), although the public prosecutor may still propose trial by a single judge where it takes the view that the actual penalty should not exceed 5 years (art.º 16.º, n.º 3). The jury court tries certain especially serious crimes and sits only where this is requested (art.º 13.º).

Yes. The accused may choose not to answer questions about the facts alleged against him, without his silence counting against him. He must, however, identify himself when asked to.

It is the principle that no one is considered guilty before the sentence becomes final. It is for the prosecution to prove guilt. In case of doubt, the decision is made in favour of the accused.

In the first hours, the most important thing is not to make any statement about the facts without a lawyer present. Being formally named as an accused person entitles you to refuse to answer questions about the facts alleged against you, since no one is required to incriminate themselves (art.º 61.º do Código de Processo Penal).

Yes, attendance is mandatory. Start by reading the notification, as it states the capacity in which you are being called (witness, suspect or accused person), which changes your rights. If you fail to attend without justification, the judge orders you to pay a sum of between 2 UC and 10 UC and may order your detention for as long as is strictly necessary to carry out the procedural step (art.º 116.º do Código de Processo Penal). If the absence is justified, under the terms of art.º 117.º, there is no consequence.

It is an optional phase to review the decision of the public prosecutor (Ministério Público). The accused person uses it to challenge the formal charges. The assistente uses it to react to the closing of the case. It ends with a decision committing or not committing the case for trial.

Yes. On this point criminal proceedings differ from civil ones. Once the legal time limits of each phase (the criminal investigation (inquérito), the pre-trial examination phase (instrução) or the trial) have passed, the accused person, the assistente, the civil parties or the public prosecutor (Ministério Público) may request expedited proceedings (art.º 108.º do Código de Processo Penal). At the investigation stage these time limits are, as a rule, six months where the accused person is in detention and eight months in the remaining cases (art.º 276.º do Código de Processo Penal), as explained in 'How long can a criminal investigation take?'. It is one of the few avenues in which the law actually allows you to complain about the slowness.

A reasoned application is submitted, decided by the Prosecutor-General (Procurador-Geral da República) while the criminal investigation (inquérito) is ongoing, or by the High Council of the Judiciary (Conselho Superior da Magistratura) once the case is already before the court (art.º 109.º do Código de Processo Penal). Whoever decides may order measures to move the case forward and ask for explanations about the delay. It does not set a date for the decision, but it does require the delay to be justified and corrected.

Remaining an accused person for years, without either formal charges or the closing of the case, is not what the law intends. The criminal investigation has reference time limits, as a rule six months where the accused person is in detention and eight months in the remaining cases (art.º 276.º do Código de Processo Penal), as set out in “How long can a criminal investigation take?”. Once those limits have passed, the delay is reported to superiors and an avenue opens up to react to the slowness. The main one is the request for expedited proceedings, explained in 'The criminal case is dragging on. Can I do anything to speed it up?' and in 'How does a request for expedited proceedings work?'. Faced with an investigation that has been stalled for a long time, it is worth speaking to a lawyer to assess the step appropriate to the case.

Yes. The right to a decision within a reasonable time is in the Constituição (art.º 20.º, n.º 4) and in the European Convention on Human Rights. An abnormal delay attributable to the functioning of the justice system may give rise to a right to compensation from the State (Lei n.º 67/2007), whatever the outcome of the proceedings. This claim is subject to a three-year limitation period.

Everyone. The public prosecutor (Ministério Público) orders it, either of its own motion or at the request of the accused person or the assistente. It depends on the agreement of the pre-trial judge (Juiz de Instrução Criminal), the accused person and the assistente (art.º 281.º, n.º 1, do Código de Processo Penal). It further requires that guilt should not be high and that the conditions are expected to be sufficient for the requirements of prevention (subparagraphs e) and f)). The offence must be punishable by a prison sentence of no more than five years or by a penalty other than imprisonment. The mechanism itself is explained in 'What happens after the criminal investigation? What is the difference between the closing of the case, formal charges and the provisional suspension of the proceedings?'.

The law does not set a number. What it requires is that there has been no previous conviction and no previous provisional suspension for an offence of the same nature (art.º 281.º, n.º 1, alíneas b) e c), do Código de Processo Penal). A previous suspension for an offence of a different nature does not, as a rule, prevent a new one.

The proceedings continue and the payments already made are not refunded (art.º 282.º, n.º 4, do Código de Processo Penal). The same happens if, during the period of the suspension, you commit an offence of the same nature for which you are convicted (art.º 282.º, n.º 4, alínea b)). The suspension may last up to two years, or up to five years in cases of domestic violence and in crimes against the sexual freedom of minors (art.º 282.º, n.os 1 e 5). During that time the limitation period does not run (n.º 2).

You have the right to be informed of the reasons for the detention, to remain silent, to appoint a lawyer, to contact a family member or a person you trust and to be brought before a judicial authority within a maximum of 48 hours (art.º 61.º do Código de Processo Penal and art.º 28.º da Constituição).

Detention has strict limits. The detainee must be brought before a judicial authority for a first questioning within a maximum of 48 hours, and that authority will decide on their situation.

They can, in situations provided for by law, such as indications that the person is concealing a weapon or an object connected with a crime. The search respects the person's dignity. Home searches have stricter rules.

As a rule yes, a home search depends on authorisation from the pre-trial judge (Juiz de Instrução Criminal) (art.º 177.º do Código de Processo Penal). There are exceptions, such as the consent of the person concerned recorded in any form or being caught in the act of an offence punishable by imprisonment, subject to specific formalities and tighter rules between 9pm and 7am, when being caught in the act requires an offence punishable by more than 3 years' imprisonment (n.º 2 do mesmo artigo).

They can, within limits. A car is not a place freely accessible to the public, so as a rule the search is authorised or ordered by a decision of the judicial authority (art.º 174.º, n.os 2 e 3, do Código de Processo Penal). The Police may proceed without that authorisation where the person concerned gives recorded consent, where someone is caught in the act of an offence punishable by imprisonment and also in cases of terrorism and violent or highly organised crime where there are indications that a crime seriously endangering someone's life or physical integrity is about to be committed (n.º 5). They may also search the car, in the event of imminent flight or of a detention, where there is well-founded reason to believe that it conceals objects connected with the crime that would otherwise be lost (art.º 251.º). Refusing consent is not an offence, but it requires the Police to have some other legal basis. Opposing a lawful search with violence or serious threats, on the other hand, constitutes the offence of resistance and coercion against a public official (art.º 347.º do Código Penal).

No. The interception of communications is only allowed in certain more serious offences, with authorisation from the pre-trial judge (Juiz de Instrução Criminal) and under strict control (art.º 187.º do Código de Processo Penal). Outside that framework, the evidence is null and void.

It is the data about communications, not their content: who contacted whom, when, from where and with what device (traffic and location data). It can be used as evidence, but subject to strict screening. Its transmission to the authorities is authorised by the pre-trial judge (Juiz de Instrução Criminal), at the request of the public prosecutor (Ministério Público), only for the serious offences listed by law (Lei n.º 32/2008, na redação da Lei n.º 18/2024). The person concerned is notified of the access within 10 days, and the pre-trial judge may postpone the notification for as long as it would put the investigation at risk.

Nowadays only within tight limits. The Constitutional Court (Tribunal Constitucional) declared the general retention of this data for a year unconstitutional (Acórdão n.º 268/2022) and the law was recast. Operators keep only the subscriber's identification data and the source IP address of the connection for one year (Lei n.º 32/2008, na redação da Lei n.º 18/2024). Traffic and location data are no longer retained in a general way. Their retention depends on urgent judicial authorisation, decided within 72 hours, and ceases as soon as it is no longer necessary.

Yes. An accused person who does not have a command of the Portuguese language is entitled to an interpreter, free of charge, in all procedural acts in which he takes part (art.º 92.º do Código de Processo Penal). It is a guarantee of the right to a defence.

As a rule yes, but during the criminal investigation (inquérito) the case may be subject to the secrecy of the investigation (segredo de justiça), with limited access. Once someone has been made an accused person (arguido) or an assistente, the lawyer may request to consult it under the terms of the law (art.º 89.º do Código de Processo Penal). The limits of the secrecy of the investigation and who may consult the file once the investigation's time limits have passed are dealt with in “What is the secrecy of the investigation?”.

It is the regime that, while the criminal investigation (inquérito) is under way, may limit access to the file and prohibit the disclosure of procedural acts, in order to protect the investigation and those involved (art.º 86.º e 88.º do Código de Processo Penal). Once the investigation's time limits have passed, the accused person (arguido), the assistente and the injured party (ofendido) may consult the file, unless the pre-trial judge (Juiz de Instrução Criminal), at the request of the public prosecutor (Ministério Público), postpones access under art.º 89.º, n.º 6, for a maximum period of three months, extendable only once in more serious crime.

Yes. A person may be notified to give statements as a witness or be heard already as an accused person. Once formally named as an accused person, they acquire the rights of that status, first among them the right to silence and to a defence lawyer.

They can. Where they are relevant to the evidence or subject to forfeiture to the State, the seizure is carried out by a reasoned decision (art.º 178.º do Código de Processo Penal). Where it is carried out by the police, it must then be validated by the judicial authority within a maximum of 72 hours (art.º 178.º, n.º 6). The seizure may be challenged and the property, in certain cases, returned. The seizure of messages on a mobile phone, on the other hand, is reserved to the judge and is dealt with in “The Police have seized my mobile phone and want to access the messages. What can they do?”.

The seizure of messages on a mobile phone, such as email, text messages (SMS) or app conversations, is reserved to the judge. During the investigation phase, it is for the pre-trial judge (Juiz de Instrução Criminal) to order or authorise the seizure, whether the messages have been read or not, applying the rules on correspondence (art.º 17.º da Lei do Cibercrime, Lei n.º 109/2009). This is settled case law of the Supreme Court of Justice (Supremo Tribunal de Justiça) (Acórdão n.º 10/2023). The public prosecutor (Ministério Público) cannot authorise it, as the Constitutional Court (Tribunal Constitucional) has decided (Acórdão n.º 687/2021). Where the Police come across messages during a lawful search, their seizure and addition to the case file always depend on that decision of the pre-trial judge (Juiz de Instrução Criminal).

The law sets reference time limits for closing the investigation, as a rule six months where the accused is in detention and eight months in the other cases, limits that are extended in more complex proceedings (art.º 276.º do Código de Processo Penal). Their breach does not in itself invalidate the acts carried out.

Yes. A witness who has been duly summoned has a duty to attend and to answer truthfully (art.º 132.º do Código de Processo Penal). They may, however, refuse to give evidence in certain cases, such as a family connection to the accused person (art.º 134.º). They may also decline to give evidence on grounds of professional confidentiality (art.º 135.º). Even in those cases they must still attend, because the refusal is exercised before the person taking the evidence, who must advise them of that right, failing which the evidence is void (art.º 134.º, n.º 2).

The NAA lawyers support the accused person or the victim from the criminal investigation onwards. They are present at questioning, examine the case file and work out the defence or prosecution strategy with you.

They are restrictions imposed on the accused during the proceedings to guard against flight, the continuation of criminal activity or interference with the investigation. They are not sentences.

The standard identity-and-residence undertaking (termo de identidade e residência) is the lightest pre-trial restrictive measure and it is mandatory, because the law subjects to it everyone who is made an accused person (art.º 196.º, n.º 1, do Código de Processo Penal). It requires you to give an address for receiving notifications, to attend when called and not to change residence or be away from it for more than five days without notice (n.º 3). Where there is a conviction, it is extinguished only when the penalty is extinguished (n.º 3, alínea e)).

Only as a last resort, when the remaining measures prove insufficient, as a rule for more serious crimes. At the investigation stage, it is decided by the pre-trial judge (Juiz de Instrução Criminal), at the request of the public prosecutor (Ministério Público) (art.º 194.º, n.º 1, do Código de Processo Penal). It is subject to the maximum time limits in art.º 215.º do Código de Processo Penal.

It has maximum time limits (art.º 215.º do Código de Processo Penal): as a rule, 4 months without an accusation, 8 months without a committal decision, 1 year and 2 months without a conviction at first instance and 1 year and 6 months without a final conviction. They are extended in the more serious cases.

It can. If the circumstances change, its revocation or replacement by a less onerous one may be requested (art.º 212.º do Código de Processo Penal). For the two most onerous measures, pre-trial detention and confinement to the home (obrigação de permanência na habitação), the pre-trial judge (Juiz de Instrução Criminal) reviews the grounds of its own motion within a maximum of three months, counted from the application of the measure or from the last review (art.º 213.º, n.º 1). For the remaining measures there is no such periodic review, but revocation and replacement likewise take place of the court's own motion or at the request of the public prosecutor (Ministério Público) or the accused person (art.º 212.º, n.º 4). The pre-trial judge must indeed revoke the measure as soon as the circumstances that justified it no longer exist (art.º 212.º, n.º 1). In our experience, it is the reasoned application that in practice leads the court to reconsider.

No. The law prefers alternatives to imprisonment: a fine, a suspended sentence, community service. Immediate imprisonment is reserved for when none of these is sufficient.

When the prison sentence does not exceed 5 years, the court may choose not to carry it out, making it subject to a suspension period, sometimes with duties, rules of conduct or supervision by the probation service (art.º 50.º do Código Penal).

It is set in days and each day carries an amount that reflects the convicted person's economic situation. Where the economic situation warrants it, the court may allow payment within a period of up to one year, or by instalments, the last one falling up to two years after the judgment becomes final (art.º 47.º, n.º 3). On the convicted person's application, the court may replace it, wholly or in part, with days of work (art.º 48.º do Código Penal). If it is neither paid nor replaced with work, imprisonment in default is served (art.º 49.º, n.º 1). Where the convicted person shows that the failure to pay is not attributable to them, the enforcement of that imprisonment may be suspended, subject to duties of a non-economic nature (art.º 49.º, n.º 3).

It is the replacement of imprisonment of up to two years with unpaid work of community interest (art.º 58.º do Código Penal), where the court considers that the aims of punishment are thereby achieved. Each day of imprisonment fixed in the judgment is replaced with one hour of work, up to a maximum of 480 hours (n.º 3). It can only be applied with the convicted person's acceptance (n.º 5).

According to the offender's culpability and the needs of prevention, weighing all the circumstances for and against the accused (art.º 71.º do Código Penal). This is why the defence is also conducted at the sentencing stage.

For a first offence, a suspended sentence is possible on a prison sentence of up to five years, if the censure of the act is sufficient for the aims of punishment (art.º 50.º, n.º 1, do Código Penal), as explained in 'What is a suspended sentence?'. The absence of a record weighs in that assessment, but does not make it automatic. Detention is a separate matter. A detained person is brought before a judicial authority within a maximum of forty-eight hours (art.º 28.º da Constituição), as explained in 'I have been detained. How long can I be held?'.

The sentence is only served once the conviction becomes final. Parole always depends on the convicted person's consent and has three points at which it may be granted (art.º 61.º do Código Penal). At the halfway point of the sentence, and no earlier than six months, it requires the expectation that the convicted person will lead their life without committing crimes and, further, that their release is compatible with the defence of the legal order and of social peace (n.º 2). At two thirds, again with a minimum of six months, that expectation alone is enough (n.º 3). For sentences of more than six years, once five sixths have been served, the convicted person is placed on parole (n.º 4).

Theft is the taking of another's property without violence (art.º 203.º do Código Penal). In robbery the taking is done with violence, threat or by placing the victim in a position where they cannot resist (art.º 210.º), which is why it is punished more severely.

It consists of causing someone, through cunning deception, to fall into an error that leads them to carry out acts causing them financial loss, with the intention of obtaining unlawful enrichment (art.º 217.º do Código Penal). Aggravated fraud, of a high value or committed by aggravated means, has its own sentencing range under art.º 218.º.

It is to harm the body or health of another person (art.º 143.º do Código Penal). It is a semi-public crime, dependent on a complaint. When the offence is of particular seriousness, for example creating a danger to life, the aggravated form may apply, which is of a public nature (art.º 144.º).

It consists of inflicting, whether repeatedly or not, physical or psychological ill-treatment on a spouse or former spouse, on a person with whom there is or has been a dating relationship or a relationship analogous to that of spouses, even without cohabitation, among other victims provided for by law (art.º 152.º do Código Penal). A single episode may be sufficient (Judgment of the Guimarães Court of Appeal on domestic violence in a dating relationship). It is a public crime and may give rise to accessory penalties for the protection of the victim. The immediate protection of the victim and the possibility of withdrawing the complaint later are dealt with in “I have suffered domestic violence. What immediate protection can I ask for and can I withdraw the complaint afterwards?”.

The victim can apply for victim status and urgent protection measures such as remote assistance, removal of the abuser from the home, a ban on contact and electronic monitoring. As this is a public crime (art.º 152.º do Código Penal), the public prosecutor (Ministério Público) proceeds regardless of any complaint, so withdrawal does not bring about the closing of the case. The law nonetheless provides a route of its own. In cases not aggravated by the outcome, the victim can apply, freely and on an informed basis, for the provisional suspension of the proceedings, which the public prosecutor orders with the agreement of the pre-trial judge (Juiz de Instrução Criminal) and of the accused person (art.º 281.º, n.º 8). It is not a withdrawal, because it also depends on those agreements and subjects the accused person to conditions.

It consists of imputing to another person, addressing third parties, a fact or judgement that is offensive to their honour (art.º 180.º do Código Penal). It is distinct from insult under art.º 181.º, which is an offence addressed directly to the person concerned.

It may still be a crime, because the law treats offences in writing or by image in the same way as spoken ones (art.º 182.º do Código Penal). Lodge a complaint within 6 months of learning of the fact and of its author (art.º 115.º, n.º 1). Insult is a private crime, so a complaint is not enough. You will have to become an assistente and bring private charges, always with a lawyer (art.º 50.º, n.º 1 e art.º 70.º, n.º 1, do Código de Processo Penal).

It may. If the offence is committed by means or in circumstances that make it easier to spread, such as in a post open to the public, the penalties for defamation and insult are increased by one third at both the minimum and maximum limits (art.º 183.º, n.º 1, alínea a), do Código Penal). What matters is the actual reach of the publication. If the publication is regarded as a means of mass communication, the applicable penalty is imprisonment of up to 2 years or a fine of not less than 120 days (n.º 2), a classification that the courts have been deciding case by case on social networks. As required by art.º 188.º, n.º 1, the proceedings depend on private charges.

Take screenshots straight away, showing the page address and the date. The law accepts these as documentary evidence (art.º 164.º do Código de Processo Penal), provided they were not obtained unlawfully (art.º 167.º). The court is free to weigh the value it gives them (art.º 127.º). Since the post may be deleted, the judicial authority can order the provider to preserve the data for a period of up to three months (art.º 12.º da Lei n.º 109/2009), so it is best not to wait.

It is not for the injured party to request the data from the social network. During the criminal investigation (inquérito), the public prosecutor (Ministério Público) can order the provider to hand over the data of whoever created the profile (art.º 14.º da Lei n.º 109/2009). There are two practical limits. On a fake profile, that data tends to be made up. And the connection logs, which would allow the author to be located, fall outside such an order. The interception of communications, for its part, is only permitted for the offences listed in art.º 187.º do Código de Processo Penal, which do not include defamation. For this reason identification cannot always be achieved. The rules on access to those logs are dealt with in "What is metadata and can it be used against me in criminal proceedings?".

Driving a motor vehicle on a public road without legal authorisation is the crime of driving without a licence (art.º 3.º do Decreto-Lei n.º 2/98). It is different from the administrative offence of someone who merely does not have the licence with them.

It is the failure to comply with a lawful order or instruction duly communicated by a competent authority, where the law provides for that punishment or the competent authority issues the corresponding warning (art.º 348.º do Código Penal). It arises, for example, where a driver refuses the alcohol test during a check by the GNR or the PSP, a warning set out in art.º 152.º, n.º 3, do Código da Estrada.

Yes. A person sentenced to a driving ban must hand in the licence at the court registry or at any police station, within 10 days of the judgment becoming final and unappealable (art.º 69.º, n.º 3, do Código Penal e art.º 500.º, n.º 2, do Código de Processo Penal). Failing to do so, they commit the crime of disobedience (art.º 348.º, n.º 1, alínea b), with the warning given in the sentence itself, in the terms laid down by the Supreme Court of Justice (Acórdão n.º 2/2013).

No. It amounts to a crime from 1.2 g/l (art.º 292.º do Código Penal). Below that level, from 0.5 g/l, it is an administrative offence. For drivers on a probationary licence and for certain professional drivers the limit falls to 0.2 g/l (art.º 81.º do Código da Estrada). The crime always carries, in addition, a driving ban of three months to three years, imposed by the court and entered on the criminal record (art.º 69.º do Código Penal). The administrative offence carries, in addition, a driving disqualification imposed by the ANSR, of one to twelve months for serious offences and of two to twenty-four months for very serious ones, which is not entered on the criminal record (art.º 147.º do Código da Estrada). The names differ because one is a penalty and the other an administrative sanction. If the driving results in an accident with injured people, compensation for the victims is explained in the road traffic accidents area.

Refusing the alcohol detection tests is the crime of disobedience. The Código da Estrada requires a driver to submit to the tests and treats refusal as disobedience (art.º 152.º, n.os 1 e 3), punishable under art.º 348.º do Código Penal. The conviction also carries a driving ban of three months to three years (art.º 69.º, n.º 1, alínea c), do Código Penal). The refusal is punishable in itself, regardless of the level that might later be established, so declining to blow into the device or to undergo the analysis tends to make the situation worse rather than protect you. The question of the level from which driving ceases to be an administrative offence and becomes a crime is dealt with in "Is drink-driving always a crime?".

It is to cultivate, produce, sell, transport or possess narcotic substances outside the permitted cases (art.º 21.º do Decreto-Lei n.º 15/93). Trafficking of lesser seriousness has a mitigated sentencing range. Consumption follows its own administrative-offence regime.

It is to possess, use or carry a weapon or ammunition in breach of the legal regime on weapons (Lei n.º 5/2006). The penalties vary according to the type of weapon. Regularisation or voluntary surrender may be relevant in the assessment of the case.

Unlawful access to a computer system is a crime provided for in the Cybercrime Law (Lei do Cibercrime, Lei n.º 109/2009). Depending on the conduct, the crimes of computer sabotage or invasion of privacy may also apply.

It is to produce, alter or use a false document with the intention of causing harm or obtaining an unlawful benefit (art.º 256.º do Código Penal). The forgery of an authentic document, such as a citizen card, is punished in an aggravated manner.

Yes, it is. Anyone who, being in a position to pay, does not pay the maintenance within the two months following its due date commits a crime, punishable with a fine (art.º 250.º, n.º 1, do Código Penal). If the failure to pay endangers the meeting of the fundamental needs of the person entitled to maintenance, the penalty is increased (n.º 3 of the same article). The proceedings depend on a complaint (n.º 5), so do not let the 6-month time limit pass.

It depends on the age. Below the age of 12 there is no criminal or guardianship liability. The response is one of promotion and protection, through the CPCJ or the court (Lei n.º 147/99). Between the ages of 12 and 16 the Educational Guardianship Law applies (Lei Tutelar Educativa, Lei n.º 166/99), with educational measures instead of penalties. From the age of 16 the young person is already legally accountable and answers criminally (art.º 19.º do Código Penal), although the special regime for young people up to the age of 21 may be applied.

A report is the mere communication of a crime, which anyone can make. A complaint is the injured party's expression of the wish that proceedings take place, required in semi-public and private crimes.

As a rule, 6 months from becoming aware of the act and of who committed it (art.º 115.º do Código Penal). Once the time limit has passed, the right to complain is extinguished and there are no proceedings. Some crimes have special time limits.

You can. The crime report (denúncia) is not subject to any special formalities and its details are given as far as possible, so you do not have to identify who did it (art.º 244.º and art.º 246.º do Código de Processo Penal). For crimes that depend on a complaint (queixa), the law requires you to bring the fact to the authorities' knowledge, not the person who committed it. As for the time limit, as a rule six months, it only begins to run from the moment you become aware of the fact and of those responsible for it (art.º 115.º, n.º 1, do Código Penal), so while the perpetrator remains unknown the time limit tends not to start. Even so, it is not advisable to wait, because evidence is lost over time and criminal proceedings are subject to limitation periods counted from the commission of the crime (art.º 118.º do Código Penal). What does not exist is formal charges (acusação) against unknown persons. The public prosecutor (Ministério Público) only brings charges if it has gathered sufficient evidence that a crime took place and of who its perpetrator was (art.º 283.º, n.º 1). If the perpetrator is not identified, the criminal investigation (inquérito) is closed (art.º 277.º, n.º 2), but it may be reopened if new evidence comes to light (art.º 279.º).

In public crimes, the public prosecutor (Ministério Público) proceeds on its own initiative. In semi-public crimes, a complaint (queixa) is needed. In private crimes, a complaint is required, together with joining the proceedings as an assistente and bringing a private accusation.

It means becoming a collaborator of the public prosecutor (Ministério Público) in the proceedings (art.º 68.º and 69.º do Código de Processo Penal), with powers to offer evidence, request the pre-trial examination phase (instrução) and, in certain cases, bring charges and appeal. It requires a lawyer and the payment of a court fee, save in the cases of exemption provided for by law.

In semi-public and private crimes you can withdraw it until the first-instance judgment is delivered, provided the accused person does not object (art.º 116.º, n.º 2, do Código Penal). In public crimes, withdrawal does not halt the proceedings, because the public prosecutor (Ministério Público) proceeds on its own initiative, without depending on a complaint (art.º 48.º do Código de Processo Penal).

Under the principle of adhesion, the civil compensation claim is brought within the criminal proceedings themselves (art.º 71.º do Código de Processo Penal). As early as the criminal investigation stage (inquérito), the authorities must inform the injured party of this possibility and of the formalities to be observed (art.º 75.º). The claim is made by way of a pleaded application, within 20 days counted from notice of the charging decision being given to an injured party who has expressed that intention, or from notice of the charges being given to the accused person, where the injured party has not expressed it (art.º 77.º, n.os 2 and 3).

As a rule, no. The court awards compensation where the claim has been brought and the harm is proven. The law does, however, provide for cases in which the court may award reparation to the victim of its own motion (art.º 82.º-A do Código de Processo Penal). In domestic violence, the law always requires that mechanism to be applied, unless the victim expressly objects (art.º 21.º, n.º 2, da Lei n.º 112/2009). For this reason it is worth keeping invoices, reports and other proof of the harm from an early stage.

As a rule, no, because the claim is made within the criminal proceedings. Only in situations provided for by law (art.º 72.º do Código de Processo Penal) is it possible, or necessary, to go separately to the civil court.

The Victim's Statute (Lei n.º 130/2015) recognises rights to information, protection and support, reinforced for especially vulnerable victims. There is also specialised support, in particular in contexts of violence.

This happens when it is necessary, for example, to quantify injuries or interpret an expert report. In such cases, when it is warranted, external experts are called upon, and it falls to the lawyer to place what they find in its legal context.

Once the criminal investigation (inquérito) is over, the public prosecutor (Ministério Público) closes the case if there is no crime, no identified perpetrator or insufficient evidence (art.º 277.º do Código de Processo Penal), or brings formal charges if the evidence is sufficient (art.º 283.º). In crimes punishable by a sentence of up to five years, it may instead provisionally suspend the proceedings subject to conditions (art.º 281.º). Once these are complied with, the public prosecutor closes the case, which cannot be reopened, with no conviction and no criminal record (art.º 282.º, n.º 3).

Yes, in certain cases. The victim may apply to the Commission for the Protection of Victims of Crime (Comissão de Proteção às Vítimas de Crimes) for an advance of the compensation by the State, when the harm has not been repaired by the normal route and the injury caused permanent incapacity, temporary total incapacity for work of at least 30 days or death (art.º 2.º da Lei n.º 104/2009). The State is then subrogated to the victim's rights against the person responsible (art.º 15.º).

As a rule, yes, to a higher court (art.º 399.º e seguintes do Código de Processo Penal). The appeal may concern the law and the facts, the latter subject to a duty to specify them (art.º 412.º). Some decisions cannot be appealed (art.º 400.º) and the time limit is 30 days (art.º 411.º).

At certain moments, yes. For example, when a detained accused person is questioned and at trial, legal representation is mandatory. Even when it is not, it is strongly inadvisable to proceed without a lawyer.

There is no fixed scale. Fees vary with the complexity of the case, the stage of the proceedings and the urgency of the intervention. At NAA, the fee for the first consultation is 90 euros (VAT included), with no commitment to proceed. The criteria that the Estatuto da Ordem dos Advogados sets out for fixing fees are explained in the article on how much a lawyer costs in Portugal.

You can apply for legal aid (apoio judiciário), which may include the appointment of a defence lawyer and the waiver of fees. The application is made to the Segurança Social, which provides a legal aid simulator. If you lack the means, one of the forms of aid is to have the fees of the court-appointed defence lawyer paid by the State (art.º 16.º da Lei n.º 34/2004).

The "best criminal lawyer" does not exist as a title. What the Portuguese Bar Association (Ordem dos Advogados) recognises is specialisation in Criminal Law, with demanding requirements of proven years of practice. When choosing, look for experience in criminal proceedings, genuine availability for urgent steps and candour in the assessment of the case. No lawyer can guarantee results in criminal proceedings, because the outcome always depends on the evidence and on the court's decision.