PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
1. Legal Framework 1.1 International Conventions
• The Criminal Code: (a) influence-peddling (Article 335); (b) undue receipt/offer of advantages by a public official (Article 372); (c) passive corruption in the public sector (Article 373); and (d) active corruption in the public sector (article 374). • The Companies Code: submission of fraudu - lent accounts by the manager or director of a commercial company (Article 519-A). • Law No 34/87 of 16 July 1987, as amended, regulating the criminal liability of holders of political offices in relation to: (a) undue receipt/offer of advantages by a political or high public official (Article 16); (b) passive corruption of political and high public officials (Article 17); and (c) active corruption of political and high public officials (Article 18). • Law No 100/2003 of 15 November 2003 approving the Code of Military Justice and relating to: (a) passive corruption of an individual serv - ing in the armed forces or other military forces for the performance of an illicit action (Article 36); and (b) active corruption of an individual serv - ing in the armed forces or other military forces (Article 37). • Law No 14/2024 of 19 January 2024 regulat - ing corruption in sports, namely: (a) passive corruption in the context of sports competitions (Article 14); (b) active corruption in the context of sports competitions (Article 15); (c) influence-peddling (Article 16); and (d) undue receipt/offer of advantages (Article 17). • Law No 20/2008 of 21 April 2008, as amend - ed, regulating corruption in international trade and the private sector, namely:
Portugal is a party to several international con - ventions related to the prevention of corruption and bribery, namely: • the EU Convention on the Protection of the European Communities’ Financial Interests (1995) and Additional Protocols (1996 and 1997); • the EU Convention on the fight against cor - ruption involving officials of the European Union or officials of Member States of the European Union (1997) (to be replaced by a Directive of the European Parliament and of the Council, in accordance with the European Commission’s proposal (COM/2023/234)); • the Convention on Combating Bribery of Foreign Public Officials in International Busi - ness Transactions (1997) of the Organization for Economic Co-operation and Development (OECD); • the Council of Europe’s Criminal Law Con - vention of Corruption (1999) and Additional Protocol (2003); • the United Nations’ Convention against Cor - ruption (2003); and • the United Nations’ Convention against Transnational Organized Crime (2003) and Protocols. Portugal has also been a member of the Council of Europe’s Group of States against Corruption since 1 January 2002. 1.2 National Legislation Portugal recognises several criminal offences related to bribery and corruption. A list of the relevant national legislation and offences is pro - vided in the following.
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