PORTUGAL Trends and Developments Contributed by: Rogério Alves, Bárbara Marinho e Pinto, Ana Reis Mota and Lua Mota Santos, Rogério Alves & Associados (RA)
Introduction The rapid evolution of financial systems and digi - tal technologies has significantly expanded both the scope and complexity of white-collar crimes, underscoring the need for comprehensive legal reforms. According to statistical data from the Portu - guese Ministry of Justice, there was an increase in the number of economic and financial crimes reported in 2023, particularly concerning mon - ey laundering offences. Furthermore, the 2022 Annual Internal Security Report highlighted the frequent suspension of suspicious transactions involving politically exposed persons from Por - tuguese-speaking countries, or those with con - nections to them, indicating the utilisation of national financial, corporate and banking sys - tems for fund movements. Data released by the Public Prosecutor’s Office further indicates an increase in the number of investigations into economic and financial crimes, with 3,598 new inquiries pertaining to corruption and related offences initiated in 2023. This marks a significant increase from the 2,865 inquiries that were initiated in 2021. The Public Prosecutor’s Office also reported that 535 bank - ing operations were suspended, leading to the initiation of 535 inquiries. A national anti-corruption strategy for 2020–24 has been put in place, encompassing measures that aim to foster best practices in transparency and integrity, streamline bureaucratic processes and identify corruption risks within the public sector. The strategy also includes the estab - lishment of whistle-blower channels and ethical codes of conduct, as well as initiatives to engage the private sector in anti-corruption efforts.
Given the significance of this issue in contempo - rary discourse, this article analyses key legisla - tive developments that occurred in 2024 within both the EU and Portugal, while also highlighting the interaction between national and suprana - tional authorities in harmonising enforcement and compliance mechanisms. Amendments to the Penal Code by Law No 4/2024, of 15 January 2024 The Portuguese Penal Code was amended by Law No 4/2024, of 15 January 2024. The amend - ments focused on: • the crime of money laundering. • the definition of “public official” (which defines the range of possible agents involved in crimes committed in the exercise of public functions); • crimes against the freedom and sexual self- determination of minors; • the crime of discrimination and incitement to hatred and violence; and • criminal and administrative offences regarding the misuse of EU funds. Money laundering In the context of money laundering offences, the definition of relevant assets has been broad - ened to encompass those derived from activities such as smuggling, circulation smuggling, the smuggling of goods with conditional circulation on vessels, tax fraud and social security fraud, as outlined in Article 368-A, paragraph (j). This expansion aims to enhance the identification of potential money laundering cases linked to a
wider array of illicit activities. Definition of “public official”
Regarding the definition of “public official”, the Portuguese Penal Code (Article 386, paragraph 3) previously indicated that certain individuals
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