PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
A political officeholder who gives or promises another political officeholder, senior public offi - cial or civil servant a pecuniary or non-pecuniary advantage, or the promise thereof, which is not due to them, in the performance of their duties or because of them, faces the following penalties: • individuals – imprisonment for up to five years or a fine for up to 600 days; and • legal entities – N/A. Passive Corruption of Political and High Public Officials (Article 17 of Law No 34/87, of 16 July 1987) This provision applies to any political officehold - er who, in the course of their duties or because of them, requests or accepts a pecuniary or non- pecuniary advantage, or the promise thereof, for the performance of any act or omission contrary to the duties of the office, as follows: • individuals – imprisonment for two to eight years; and • legal entities – N/A. 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 two to five years; and • legal entities – N/A. Active Corruption of Political and High Public Officials (Article 18 of Law No 34/87, of 16 July 1987) This provision applies to anyone who gives or promises a political officeholder or a third party, on their recommendation or with their knowl - edge, a pecuniary or non-pecuniary advantage for the performance of any act or omission con - trary to the duties of the office, as follows:
• individuals – imprisonment from two to five years; and • legal entities – a fine ranging from 240 to 600 days. If the act or omission is not contrary to the duties of office, and the advantage is not due to them, the following penalties apply: • individuals – imprisonment for up to five years; and • legal entities – a fine for up to 600 days. The crime of active corruption committed by a political or high public official is punishable with the same penalties as those ascribed to the crime of passive corruption. Passive Corruption of an Individual Serving in the Armed Forces or Other Military Forces for the Performance of an Illicit Action (Article 36 of the Code of Military Justice) The penalties here are as follows: • individuals – imprisonment for two to ten years; and • legal entities – N/A. Active Corruption of an Individual Serving in the Armed Forces or Other Military Forces (Article 37 of the Code of Military Justice) The penalties here are as follows: • individuals – imprisonment for one to six years; and • legal entities – N/A. Passive Corruption in the Context of Sports Competitions (Article 14 of Law No 14/2024, of 19 January 2024) The penalties here are:
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