PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
• the crimes of passive and active corruption in the private sector, regardless of the loca - tion where the relevant action occurred, when the agent who gives, promises, demands or accepts the bribe or the promise of a bribe is a public official or a political official or, if of Portuguese nationality, an official of an inter - national organisation. 3.3 Corporate Liability Companies are criminally liable for offences related to corruption and bribery. Under Article 11 of the Criminal Code, companies can be held liable for infractions committed by those who have a leadership position within the organisa - tion, regardless of whether the act is committed under the company’s name and interest (direct or indirect) or whether it was committed by some - one who works under the authority of people in a leadership position within the organisation in vio - lation of surveillance or control duties. In these cases, both the individual and the company can be criminally liable. The defences are the same regardless of the offence. The defendants have a set of rights and duties established in the Portuguese Criminal Procedure Code. The defendants have, among others, the follow - ing rights: • to be present at procedural acts that directly affect them; 4. Defences and Exceptions 4.1 Defences • to be heard by the preliminary judge ( juiz de instrução criminal ) or the trial court whenever they have to render any decision that affects the defendants personally;
• to be informed of the facts with which they are charged before making a statement to any body (police entities, public prosecutor or court); • to appoint or request the appointment of a defence lawyer; and • to intervene in the inquiry and investigation, offering evidence and requesting any meas - ures that may seem necessary. In any case, the defendants are entitled to the presumption of innocence. 4.2 Exceptions There are no exceptions to the defences men - tioned in 4.1 Defences or others set out in the Portuguese Criminal Procedure Code. 4.3 De Minimis Exceptions There are no minimis exceptions in these mat - ters. 4.4 Exempt Sectors/Industries There are no sectors or industries exempt from the offences. 4.5 Safe Harbour or Amnesty Programme There are no safe harbour or amnesty pro - grammes based on self-reporting or adequate compliance procedure/remediation efforts. However, Article 374-B of the Criminal Code pro - vides for situations in which the penalty may be waived or reduced. The penalty may be waived in the following situations: • where the agent has not committed an act or omission contrary to the duties of the office for which they requested or accepted the advantage and voluntarily returns or repudi - ates the advantage or, in the case of a fungi - ble thing or animal, returns its value (Article 373, No 1, of the Criminal Code);
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