PORTUGAL Law and Practice Contributed by: Pedro Duro, Mariana Proença Lobo and Joana Avelino Gomes, CS’Associados
6. Disclosure Processes 6.1 Disclosure Obligations
to EUR10,000, depending on the financial situ - ation of the company). The minimum imprisonment period for individu - als, except if otherwise foreseen in the relevant provision for the offence, is one month, with the maximum imprisonment period being 20 years (or 25 years in specific situations). With respect to companies, the minimum fine period is 10 days, with a daily amount of EUR100; the maximum amount of the fine varies in accord - ance with the crime (please see 5.1 Penalties on Conviction ). The specific sanctions are decided in accord - ance with Article 71 of the Criminal Code for both individuals and companies. When decid - ing on the appropriate sanction, the court must take into consideration: • the seriousness of the crime; • the level of guilt of the defendants; • the existence of prior convictions; • the defendants’ financial situation; • whether there was any premeditation; • the defendants’ behaviour after the commis - sion of the crime (namely, whether they co- operated with the Public Prosecution Office or with the court); and • whether the defendant, being a company, has any internal procedures and policies regard - ing bribery and corruption prevention. Penalties may be increased if the defendant is a repeat offender. Under some circumstances, mitigation of the penalties is also possible.
Portuguese law does not foresee a general duty to report crimes or other infractions committed by private companies and/or individuals. There are, however, some exceptions: • under Article 242 of the Criminal Procedure Code, (i) police entities are obliged to report any crimes of which they become aware, and (ii) public officials are obliged to report any crimes they become aware of during the exer - cise of their duties or because of them; and • Article 190 of the Statute of the Statutory Auditor’s Bar Association foresees a special duty of the company’s statutory auditor to report to the public prosecutor public crimes they become aware of during the exercise of their functions. 6.2 Voluntary Disclosure Incentives Articles 8 and 9 of Law No 36/94 provide for situ - ations where the penalty may be reduced, or the proceedings may be dismissed, and Article 374- B of the Criminal Code provides for situations where the penalty may be waived or reduced. The penalty may be waived or reduced in the following situations: • in Article 8 of the Law No 36/94, and regard - ing the crimes of embezzlement and econom - ic participation in business, and economic and financial offences with an international or transnational dimension, the penalty may be especially reduced if, until the close of the trial, the defendant actively co-operates in the discovery of the truth; • in Article 374-B, and regarding the crimes of corruption or undue receipt or offer of and
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