PORTUGAL Trends and Developments Contributed by: Rogério Alves, Bárbara Marinho e Pinto, Ana Reis Mota and Lua Mota Santos, Rogério Alves & Associados (RA)
viduals may face up to ten years in prison if their actions result in death, with a minimum sentence of five years for other severe crimes. For companies, fines can reach up to EUR40 million or 5% of annual global turnover for major violations, supporting the “polluter pays” principle. Grave offences causing irre - versible or large-scale harm invoke harsher penalties akin to “ecocide” charges. • Aggravating factors, such as permanent ecosystem damage or crimes by organised groups, lead to more severe sentences. Con - versely, defendants who promptly undertake voluntary remediation efforts may receive reduced sentences under certain mitigating provisions. • Member states must incorporate comprehen - sive measures on liability, asset freezing and confiscation, statute of limitations, investiga - tive powers and jurisdiction. The Directive also strengthens legal protections for environ - mental defenders and provides enforcement bodies with improved co-operation channels through entities such as Europol, Eurojust and the European Public Prosecutor’s Office. • EU member states are required to integrate these standards by May 2026, with regular monitoring to ensure compliance. The Euro - pean Commission will review the Directive’s impact by 2028 and assess potential updates by 2031. Directive (EU) 2024/1226 of the European Parliament and of the Council, of 24 April 2024 Directive (EU) 2024/1226, adopted on 24 April 2024, establishes minimum rules concerning the definition of criminal offences and penalties for the violation of restrictive EU measures. This Directive expands criminal liability to both indi - viduals and entities for actions like unauthorised trade with sanctioned groups, evasion of asset
freezes and the provision of prohibited services (financial, legal, technical) to sanctioned parties. According to this Directive: • prohibited actions include circumventing trade restrictions, providing financial or mate - rial support to restricted entities and failing to meet reporting requirements – these rules apply particularly to dual-use goods, military items and financial services, with negligence- based violations being punishable if related to sensitive or military technologies; • transactions under EUR10,000 may not trig - ger criminal prosecution unless repeatedly conducted by the same party – severe viola - tions, particularly those involving dual-use or military items, may lead to up to five years’ imprisonment, with additional sanctions like fines or professional restrictions; • legal professionals are safeguarded under confidentiality laws, while certain humanitar - ian organisations operating under specified conditions are exempted from penalties, bal - ancing enforcement with fundamental rights and practical needs in humanitarian contexts; and • member states are required to adopt meas - ures for asset freezing and confiscation, and the Directive mandates effective investigative tools – it also promotes co-ordinated enforce - ment within the EU, leveraging collaboration with bodies such as Europol and the Euro - pean Public Prosecutor’s Office to support cross-border efforts. This framework strengthens the EU’s ability to enforce sanctions, ensuring that breaches are effectively addressed at both the national and EU levels.
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