PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
Influence-Peddling (Article 335 of the Criminal Code)
• where the agent voluntarily returns or repu - diates the advantage or, in the case of a fungible thing or animal, returns its value (Article 372, No 1, and Article 373, No 2, of the Criminal Code); • where the agent has withdrawn the promise of an advantage or requested its restitution or repudiation from an official or third party before an act or omission contrary to the duties of the office is committed (Article 374, No 1, of the Criminal Code); and • where the agent has withdrawn the promise of an advantage or requested its restitution or repudiation from an official or third party (Article 372, No 2, and Article 374, No 2, of the Criminal Code). A public official may be exempted from punish - ment if, during the investigation or inquiry – and where one of the above-mentioned provisions is verified – they have contributed decisively to the discovery of the truth. Moreover, the penalty should be waived for offences that are a consequence of the crimes foreseen in Articles 372 to 374 of the Criminal Code, or that are intended to continue or con - ceal such offences, or the advantages derived from them, provided that the agent has reported them or has decisively contributed to their dis - covery.
This provision applies to anyone who requests or accepts a pecuniary or non-pecuniary advan - tage, or the promise thereof, in order to abuse their influence, real or supposed, with any public entity, national or foreign, as follows: • individuals – imprisonment for one to five years if the purpose is to obtain a favourable unlawful decision, or imprisonment for up to three years or a fine (maximum of 360 days) if the purpose is to obtain a favourable legal decision; and • legal entities – a fine with a period ranging from 120 to 600 days, if the purpose is to obtain a favourable unlawful decision, or a fine for up to 360 days if the purpose is to obtain a favourable legal decision. For anyone who gives or promises a pecuniary or non-pecuniary advantage, the penalties are as follows: • individuals – imprisonment for up to three years or a fine, if the purpose is to obtain a favourable unlawful decision, or imprisonment up to two years or a fine for up to 240 days if the purpose is to obtain a favourable legal decision; and • legal entities – a fine for up to 240 days. Undue Receipt of Advantage by a Public Official (Article 372 of the Criminal Code) This provision applies to an official who, in the performance of their duties or because of them, requests or accepts a pecuniary or non-pecuni - ary advantage that is not due, as follows: • individuals – imprisonment for up to five years or a fine for up to 600 days; and • legal entities – a fine for up to 600 days.
5. Penalties for Violations 5.1 Penalties on Conviction
The penalties for individuals or legal entities (where applicable) are listed in the following.
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