Criminal law in Portugal

Portuguese criminal law is based mainly on the Código Penal and the Código de Processo Penal. The first defines criminal conduct and sanctions, while the second governs investigation and trial procedures. The police may receive reports, protect people, gather evidence, and carry out investigations under legal authority. PSP and GNR have general policing roles, while the Polícia Judiciária handles certain serious or specialized investigations. The Ministério Público, or public prosecution service, directs or supervises criminal investigations within the legal system. Courts decide important judicial questions and determine guilt after the required procedure. An arguido is a person formally given a procedural position as a suspect or accused person. An ofendido is the person directly harmed, and a testemunha is a witness who may provide evidence. Portuguese law distinguishes crimes that can be pursued publicly from matters that require a complaint or a private initiative. The practical route therefore depends on the type of alleged crime and the victim’s procedural role. A typical case may include a report, an investigation, interviews, collection of evidence, a decision to close the case or bring an accusation, and a trial. Appeals and other review procedures may follow a judgment. Basic safeguards include the presumption of innocence, the right to a lawyer, the right to an interpreter when needed, and protection against being forced to provide incriminating answers. A detained person should ask for legal assistance immediately. Victims may have rights to information, participation, protection, and compensation, depending on the case. Criminal proceedings and civil compensation are related but are not the same legal process.