Case Law Database

Corruption

Criminalisation and law enforcement

• Bribery of national public officials

Processo No. 109/08.2TAETR

Fact Summary

Date of Offending:
Mon Feb 04 00:00:00 CET 2008

On 4 February 2008, in Ovar, the defendants V. and M., both officers of the National Republican Guard (GNR), acting in accordance with a plan previously drawn and accepted by them both inspected the motor vehicle with the registration…hold by the defendant, company A, Lda., after requesting the vehicle papers and the control records of daily activity. Afterwards, the defendant M. said that he had found irregularities in the rest periods and that the corresponding administrative fine might be of € 2, 8000.00 and asked the driver how “he intended to solve the problem”. The latter answered that the company manager would respond to the situation. Following these facts, at a later, unspecified date, the defendants V. and M. contacted the defendant S., managing partner of the defendant A. Lda., who delivered to them a patrimonial value, of an unspecified amount. The officers then returned the control records of the vehicle’s daily activity. After that payment, the defendants V. and M. did not fine the vehicle, although they detected the existence of road offences. This situation has been repeated with many other companies, in similar terms.

Commentary and Significant Features

This case is very relevant in the national context because it was one of the first decisions condemning legal persons for the commission of a criminal offence of corruption (provided for in the Criminal Code), which is legally permissible among us since 2007.

The criminal liability of legal persons is very important in cases where the individual liability is diluted within complex organizations, it being often impossible to demonstrate the responsibility of an individual. This might even be used to obtain the impunity of very serious conducts. It is very clear among us today that, besides the individual liability, there is also the criminal liability of the legal person itself, which the defendant – the singular person – represents.

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)
• legal persons

Offending

Involved Countries

Portugal

Investigation Procedure

Involved Agencies

• Criminal Investigation Police (Polícia Judiciária)

Confiscation and Seizure

Seized Property

vehicles and other objects

 

Special investigative techniques

• Special investigative techniques
• Electronic or other forms of surveillance

Comments

During the inquiry several evidence methods were used, notably wiretapping. Several assets,directly or indirectly related to the criminal offences under investigation, were also seized.

 

Procedural Information

Legal System:
Civil Law
 
Proceeding #1:
  • Stage:
    first trial
  • Description

    The defendants V. and M. were charged (among other offences) with several offences of passive corruption (similar conducts to the one above-mentioned), provided for and punished in article 373 of the Criminal Code.

    The defendant S. was charged with an offence of active corruption, provided for and punished in article 374 of the Criminal Code; and

    The defendant A, Lda., was charged with an offence of active corruption, provided for and punished in articles 11, par. 2, b) and 374 of the Criminal Code.

     

    Outcome

  • Verdict:
    Guilty
  • Proceeding #2:
  • Stage:
    appeal
  • Defendants / Respondents in the first instance

    Defendant:
    V

    Officer of the National Republican Guard (GNR).

    Defendant:
    M

    Officer of the National Republican Guard (GNR).

    Charges / Claims / Decisions

    Defendant:
    V
    Charge:
    Passive corruption
    Statute:
    Criminal CodeArticle 373
    Verdict:
    Guilty
    Defendant:
    M
    Charge:
    Passive corruption
    Statute:
    Criminal CodeArticle 373
    Verdict:
    Guilty

    Sources / Citations

    UNODC