Questionnaire Portugal
I.19 What are the main diversionary measures?
Where the crime is punishable with imprisonment not
over five years or with any sanction other than a custodial one, and the legal
requirements have been complied with – no
prior entry on the offender’s criminal record; diminished guilt; no imposition
of a confinement order; satisfaction that the compliance with injunctions and
rules of conduct satisfies the demands on prevention – the
public prosecutor can decide upon the provisional stay of the case (sects. 281
and 282 CCP).
The stay of the case cannot exceed two years, during this period the defendant is deemed to comply with injunctions and rules of conduct likely to include financial obligations, in particular compensation of the victim, or the fulfilment of certain impositions such as the interdiction to enter into certain places or accompany certain persons.
The proceedings are discontinued in case of compliance with the injunctions and if the period of stay of the case has expired.
Failure to comply with the injunctions causes the case to continue, in particular with the public prosecutor‘s bill of indictment.
The stay of the case cannot exceed two years, during this period the defendant is deemed to comply with injunctions and rules of conduct likely to include financial obligations, in particular compensation of the victim, or the fulfilment of certain impositions such as the interdiction to enter into certain places or accompany certain persons.
The proceedings are discontinued in case of compliance with the injunctions and if the period of stay of the case has expired.
Failure to comply with the injunctions causes the case to continue, in particular with the public prosecutor‘s bill of indictment.
