PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
(a) active corruption in prejudice of interna - tional trading (Article 7); (b) passive corruption in the private sector (Article 8); and (c) active corruption in the private sector (Article 9). • Decree-Law No 28/84 of 20 January 1984, as amended, regulating anti-economic and public health offences, namely: (a) undue use of EU revenue (Article 37-A). Corruption is also relevant in other contexts. For instance, under Article 55 of the Public Pro - curement Code (Decree-Law No 18/2008 of 29 January 2008, as amended), anyone who has been convicted of corruption cannot take part in a public tender. Corruption is also deemed to be an aggravating circumstance when determining the penalty applicable to the defendant for cus - toms, tax crimes and crimes against the social security system, pursuant to the provisions of Article 97 (paragraph d), Article 104 (paragraphs c and d) and Article 106(3) of Law No 15/2001 of 5 June 2001, as amended. 1.3 Guidelines for the Interpretation and Enforcement of National Legislation The National Anti-Corruption Mechanism ( Mecanismo Nacional Anticorrupção ) published, in September 2023, guidelines on the drafting and implementation of the corruption prevention mechanisms foreseen in the Portuguese Corrup - tion Prevention Framework. The National Anti- Corruption Mechanism was preceded by the Court of Auditor’s Corruption Prevention Council ( Conselho de Prevenção da Corrupção ), which also issued guidelines on the interpretation and enforcement of national legislation aimed at bribery and corruption prevention. Article 372 of the Criminal Code and Article 16 of Law No 34/87 of 16 July 1987, as amended,
are not applicable when the conduct foreseen therein is “socially relevant”. Even though a defi - nition of “socially relevant” is not provided, it has been accepted that socially relevant conduct is in line with the guidelines for acceptance of gifts and invitations by members of the government and of their respective cabinets, as provided for in the government’s Code of Conduct, approved by Resolution No 64/2024 of 24 April 2024 and Law No 52/2019 of 31 July 2019, establishing guidelines for the acceptance of institutional offers and hospitality from holders of political and high public offices. 1.4 Recent Key Amendments to National Legislation In 2024, the following key amendments were approved: • Law No 4/2024 of 15 January 2024, amend - ing the Criminal Code and Decree-Law No 28/84; and • Law No 14/2024 of 19 January 2024, estab - lishing a legal framework for integrity in sports and the fight against anti-sporting behaviour. 2. Bribery and Corruption Elements 2.1 Bribery The receipt of a bribe, directly or through a third party (such as a family member), is an offence (corruption) in Portugal. A bribe may be a pecu - niary or non-pecuniary advantage. The following behaviours (committed directly or through a third party) could be also considered as an offence:
• offering of an advantage; • proposing an advantage; or • requesting an advantage.
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