Print   

Criminal Code of the Portuguese Republic

Excerpts from Criminal Code (Law No. 59/2007 on 4 September 2007, last amended by by Law No. 19/2013, 21 February – effective 23 March 2013)


Article 132 – Aggravated Murder
1. When death is produced under circumstances that reveal a special reprehensibility or perversity, the offender shall be punished with imprisonment from 12 to 25 years.
2. The following circumstances reveal the special reprehensibility or perversity that is referred to
in the previous paragraph, namely, the fact that the agent:
(...)
(f) is determined by racial, religious or political hatred or based on colour, ethnic or national origin, on sex or the sexual orientation or gender identity of the victim;
(...)

Article 145 – Aggravated assault
If bodily harm is produced under circumstances that reveal a special reprehensibility or perversity, the offender shall be punished:
a) with imprisonment up to four years in the case of Article 143 [simple assault/bodily harm];
b) With imprisonment from three to twelve years in the case of Article 144 [serious assault/grievous bodily harm]
2. The circumstances described in Article 132 of paragraph 2 are likely to reveal the offender’s special reprehensibility or perversity, among others.

Article 240 – Racial, religious or sexual discrimination [Incitement to violence, threats]
1. (…)
2. Whoever, in a public meeting, written or intended for dissemination by any means of communication or computer system for dissemination:
a) provoke acts of violence against a person or group of persons because of race, colour, ethnic or national origin, religion, sex, sexual orientation or gender identity, or
b) defame or injure person or group of persons because of race, colour, ethnic or national origin, religion, sex, sexual orientation or gender identity , including through the denial of war crimes or crimes against peace and humanity, or
c) Threatening person or group of persons because of race, colour, ethnic or national origin, religion, sex, sexual orientation or gender identity;
with the intention of inciting racial, religious or sexual discrimination, or to encourage, is punished with imprisonment from six months to five years.

Article 252 – Impediment, disturbing or insulting act of worship
Who:
a) by means of violence or threat of harm to prevent or disrupt the legitimate exercise of religious worship, or
b) publicly vilify act of worship, religion or mock it;
shall be punished with imprisonment up to 1 year or a fine of up to 120 days.