Transposition of Directive 2011/93/EU and Directive (EU) 2017/1371, and amends the Penal Code and the regime of anti-economic offences and offences against public health.
Law 4/2024, published on 15th January, completes the transposition of Directive 2011/93/EU and Directive (EU) 2017/1371, and amends the Penal Code and the regime of anti-economic offences and offences against public health (Decree-Law 28/84).
Regarding the changes to the Penal Code, the limitation period for offences against the sexual freedom and self-determination of minors and for the crime of female genital mutilation, when the victim is a minor, has been increased. As a result, the criminal proceeding will not be extinguished by expiration of the limitation period until the victim reaches the age of 25.
Additionally, the limitation period for offences against the sexual freedom and self-determination of minors is now counted from the day the victim reaches the age of majority or, if they die before reaching it, from the date of their death.
Concerning the crime of child pornography, the list of offences punishable by a prison sentence of 1 to 8 years is extended when the perpetrator acts using any form of threat, constraint or violence.
In the context of criminal offences relating to organising travel for the purpose of sex tourism with minors, the law also widens the list of punishable conducts, adapting the applicable penalty depending on whether or not the perpetrator is acting in the context of a professional activity or for profit.
Furthermore, crimes of discrimination and incitement to hatred and violence now include a greater number of discriminatory factors, namely language and gender expression.
Anyone who creates or establishes an organisation or carries out propaganda activities which encourage discrimination, hatred or violence will also be punished, therefore extending the scope of this type of crime beyond organised activities and incitement.
The court can also order the deletion of computer data or content when these discrimination offences are committed through a computer system.
In terms of money laundering, new unlawful acts have been added to the list of offences, namely smuggling, tax fraud and fraud against social security.
With regard to the changes to Decree-Law 28/84, the misuse of European Union revenue is now defined in a new article which provides for prison sentences of up to 5 years when the respective conduct involves a damage or advantage of more than €100.000, and a prison sentence of up to 2 years or a fine of up to 240 days when it involves an amount equal to or greater than €10.000 but less than or equal to €100.000.
A new administrative offence is also established for the misuse of smaller amounts of European Union revenue, with the perpetrator being punished by a fine of €5.000 to €20.000 when there is a damage or advantage of less than €10.000.
Law 4/2024 comes into force on 14th February.