PORTUGAL Trends and Developments Contributed by: Rogério Alves, Bárbara Marinho e Pinto, Ana Reis Mota and Lua Mota Santos, Rogério Alves & Associados (RA)
The crime of discrimination and incitement to hatred and violence In the context of the crime of discrimination and incitement to hatred and violence (Article 240), the legislator has expanded the scope of dis - crimination. It now specifies that individuals who “establish or create an organisation or engage in activities that promote or encourage discrimi - nation, hatred, or violence against a person or group based on their ethnic or racial origin, national or religious origin, colour, nationality, ancestry, place of origin, language, sex, sexual orientation, gender identity or expression, sexual characteristics, or physical or mental disability” will face penalties under this law (paragraph 1). Furthermore, the legislation includes provisions allowing the court to order the removal of digital data or content when these offences are perpe - trated through electronic means (paragraph 3). This broadening of the legal framework reflects an increased commitment to combating discrim - ination and fostering a more inclusive society. Criminal and administrative offences regarding the misuse of EU funds Law No 4/2024 has also introduced amend - ments to Decree-Law No 28/84 in alignment with Directive (EU) 2017/1371, which establishes criminal and administrative offences related to the misuse of EU funds. • The crime of misuse of EU funds: As out - lined in the new Article 37-A, paragraph 1 of Decree-Law No 28/84, using a legally obtained benefit derived from EU funds – excluding those from VAT-related resources – for unlawful purposes, resulting in a loss or undue advantage exceeding EUR100,000, will incur a penalty of up to five years in prison. This offence is distinct from the crime of misuse of grants or subsidies as defined
— such as judges, public officials from interna - tional organisations, officials from other states, participants in extrajudicial conflict resolution and jurors or arbitrators from foreign jurisdictions — are considered equivalent to public officials in relation to offences like influence peddling (Arti - cle 335), receiving or offering undue advantages (Article 372), passive corruption (Article 373) and active corruption (Article 374). With the enact - ment of Law No 4/2024, this classification has been further extended to encompass the crime of embezzlement (Article 375). Crimes against the freedom and sexual self- determination of minors With respect to the amendments regarding crimes against the freedom and sexual self- determination of minors, it is now established that the statute of limitations for criminal pro - ceedings will not expire before the victim reach - es 25 years of age if the victim is a minor. This updates the previous threshold of 23 years as outlined in Article 118, paragraph 5. Moreover, a new paragraph 5 has been added to Article 119 of the Penal Code, altering the commencement point for the statute of limita - tions applicable to these crimes. Previously, the starting point was the completion of the crime as per general statute of limitations rules (refer to Article 119, paragraph 1). Revised paragraph 5 specifies that for crimes against the freedom and sexual self-determination of minors, the statute of limitations will only begin when the victim reaches adulthood. However, if the vic - tim dies before reaching this age, the period will start from the date of their death. These amendments aim to enhance protection for minors and ensure that victims have ample time to pursue justice.
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