PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
Anyone who gives or promises an official a pecu - niary or non-pecuniary advantage that is not due to them, in the exercise of their duties or because of them, faces the following penalties: • individuals – imprisonment for up to three years or a fine for up to 360 days; and • legal entities – a fine for up to 360 days. Passive Corruption in the Public Sector (Article 373 of the Criminal Code) This provision applies to an official who requests or accepts a pecuniary or non-pecuniary advan - tage, or the promise thereof, for the performance of any act or omission contrary to the duties of the office, even if prior to the request or accept - ance, as follows: • individuals – imprisonment for one to eight years; and • legal entities – a fine ranging from 120 to 960 days. If the act or omission is not contrary to the duties of the office, and the advantage is not due, the following penalties apply: • individuals – imprisonment for one to five years; and • legal entities – a fine ranging from 120 to 600 days. Active Corruption in the Public Sector (Article 374 of the Criminal Code) This provision applies to anyone who gives or promises to give an official a pecuniary or non- pecuniary advantage for the performance of any act or omission contrary to the duties of office, as follows: • individuals – imprisonment for up to five years; and
• legal entities – a fine for up to 600 days. If the act or omission is not contrary to the duties of the office and the advantage is not due, the following penalties apply: • individuals – imprisonment for three years or a fine for up to 360 days; and • legal entities – a fine for up to 360 days. Submission of Fraudulent Accounts by the Manager or Director of a Commercial Company (Article 519-A of the Companies Code) The penalties here are as follows: • individuals – imprisonment for up to three Undue Receipt of an Advantage by a Political or High Public Official (Article 16 of Law No 34/87, of 16 July 1987) This provision applies to a political officeholder who, in the exercise of their functions or because of them, requests or accepts a financial or non- financial advantage that is not due: • individuals: imprisonment from one to five years; and • legal entities: N/A. Anyone who gives or promises a political office - holder a pecuniary or non-pecuniary advantage that is not due to them, in the exercise of their functions or because of them, faces the follow - ing penalties: • 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. years or a fine; and • legal entities – N/A.
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