PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
The above-mentioned behaviours may be pun - ishable when committed by the following per - sons: • a public official; • a foreign public official; • a public official of an international organisa - tion; • a foreign political officeholder; or • a private sector employee. Public Officials Public officials include: • civilian public employees and military employ - ees; • anyone who holds a public office by virtue of a special bond; • anyone who, temporarily or provisionally, for remuneration or free of charge, or voluntar - ily or compulsorily, has been called upon to perform or participate in the performance of an activity included in the administrative or judicial public service; • judges of the Constitutional Court, judges of the Court of Auditors, judicial magistrates, magistrates of the Public Prosecution Office, the Prosecutor General of the Republic, the Ombudsman, members of the Superior Coun - cil of the Judiciary, members of the Superior Council of Administrative and Tax Courts and members of the Superior Council of the Pub - lic Prosecution Office; • arbitrators, jurors, experts, technicians assist - ing the court in judicial inspection, translators, interpreters and mediators; • notaries; • anyone who, provisionally or temporarily, for remuneration or free of charge, or voluntarily or compulsorily, performs – or participates in the performance of – a public administrative function or exercises functions of authority in
relation to a legal person or entity of public benefit, including private charities; and • anyone performing or participating in the performance of public functions in a public association. The following persons are considered equiva - lent to public officials: members of a manage - ment, administrative or supervisory body, and employees of public, nationalised, publicly owned companies, companies with a majority holding of public capital or companies that are concessionaires of public services. In the case of companies with an equal or minority holding of public capital, the members of a management or administrative body appointed by the state or by another public entity are treated as employees. The following persons are also considered to be public officials for the purposes of Articles 335 and 372 to 375 of the Criminal Code: • magistrates, officials, agents and equivalent organisations governed by public internation - al law, regardless of nationality and residence; • officials who are nationals of other states; • all those who perform functions identical to those described for the public officials identi - fied in the foregoing, within the scope of any international public law organisation of which Portugal is a member; • magistrates and officials of international courts, provided that Portugal has declared that it accepts the jurisdiction of those courts; • all those who perform functions within the scope of extrajudicial conflict resolution procedures, regardless of nationality and residence; and • jurors and arbitrators who are nationals of other states.
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