PORTUGAL Trends and Developments Contributed by: Ana Reis Mota and Lua Mota Santos, Rogério Alves & Associados
categories previously recognised, the law now explicitly protects magistrates, police officers, firefighters, educators, healthcare professionals, and journalists whenever a homicide is linked to the performance of their professional duties. This expansion ensures that offences against individu - als performing critical societal functions are treated with the utmost seriousness. By connecting the legal protection to the victim’s professional role, the law reflects the heightened vulnerability and social importance of these individuals, while also providing a stronger deterrent against attacks that threaten public service and societal welfare. • Article 143 (Simple Assault) the provisions govern - ing simple assault were significantly strengthened. When assaults target the newly defined protected professional categories, the applicable prison term was increased to one to four years. Moreo - ver, offences of this nature are now prosecuted ex officio, meaning that the public prosecutor can pursue the case independently of a formal com - plaint by the victim. This change underscores the public interest in protecting individuals who serve in essential roles and ensures that assaults against them cannot be disregarded due to procedural technicalities or the absence of a complaint. • Article 145 (Qualified Assault) – similarly, the rules for qualified assault were revised to impose more severe penalties in cases involving protected professionals. Aggravated assaults now carry a prison term ranging from one to five years. This amendment reflects the recognition that assaults on public servants and other critical professionals have a higher social and legal impact, given the potential consequences for public safety, justice, and societal stability. By differentiating the penal - ties for ordinary assaults from those directed at protected victims, the law reinforces the moral and legal significance of safeguarding these roles. • Article 293 (Projectile Attacks on Vehicles) – projec - tile attacks targeting vehicles were also addressed. Under the new framework, vehicles operated by police officers, firefighters, and civil protection services fall within the scope of enhanced legal protection. Individuals committing attacks on these vehicles may face imprisonment of up to two years or a fine of up to 240 days. This amendment recog - nises the specific risks associated with assaults on
vehicles used in the performance of critical public functions. Such attacks can have immediate physi - cal consequences for the occupants and broader implications for public order and emergency response effectiveness, warranting the application of stricter penalties. • Article 347 (Resistance or Coercion Against Public Authorities) – resistance or coercion against public authorities saw an expansion both in sentenc - ing and scope. The applicable prison range was increased to one to eight years when violence or resistance is directed at a protected public serv - ant. The law also explicitly covers attacks carried out via vehicles or objects used in the commission of the offence, ensuring that the legal framework addresses emerging and unconventional forms of aggression. By doing so, the law strengthens the State’s capacity to protect public agents and maintain the integrity of its institutions in situations where authority is directly challenged. Beyond substantive criminal law, Law 26/2025 also enacted procedural reforms aimed at improving access to justice for victims. The amendments to pro - cedural cost rules ensure that individuals belonging to the protected professional categories are exempt from paying court fees when criminal proceedings arise from harm suffered in the course of their profession - al duties. This removes financial barriers that could discourage victims from seeking legal redress, while reinforcing the principle that the State has a responsi - bility to protect those whose roles are vital to societal functioning. By alleviating procedural burdens, the law facilitates swifter and more effective enforcement of criminal provisions. Taken together, the reforms introduced by Law 26/2025 signal a broader legislative strategy aimed at deterring violence against public servants, reinforcing procedural safeguards for victims, and ensuring more assertive enforcement when the authority of the State or the public interest is directly challenged. These changes reflect an acknowledgement of the increas - ing complexity and intensity of threats faced by public service professionals and demonstrate the necessity of aligning criminal sanctions and procedural mecha - nisms to provide adequate protection.
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