Steps in Criminal Proceedings
Step 1
Understanding Hate Crime and (Violent) Extremism
Hate crime and (Violent Extremism) in Portugal
In Portugal, hate crime and violent extremism are not defined as standalone criminal offenses.
Instead, Portuguese law addresses related behaviours through specific provisions such as the crime of incitement to hate and violence, which is criminalised under Article no. 240 of the Portuguese Penal Code.
This article punishes anyone who, through means of public dissemination, provokes or incites the commission of acts of violence, defamation, insult, or threats against individuals or groups of people, particularly when motivated by factors such as ethnicity, nationality, religion, gender, sexual orientation, or disability.
This legal provision serves as a crucial instrument to combat public hate speech and prevent its escalation into acts of violence or discrimination.
By criminalising incitement, the law aims to protect the dignity and fundamental rights of all individuals and to maintain social cohesion and public order.
Furthermore, it reflects Portugal’s commitment to upholding principles of equality and non-discrimination enshrined in both national and international human rights frameworks.
Step 2
Reporting the Crime
Where to report the crime
In Portugal, the crime of incitement to hatred and violence, as defined in Article 240.º of the Portuguese Penal Code, is classified as a semi-public crime.
On the other hand, crimes related to violent extremism, are classified as public crimes in Portugal.
Semi-Public Crimes
This means that, although it involves serious conduct such as promoting or inciting hatred based on race, religion, ethnicity, sexual orientation, or gender identity, the authorities cannot initiate criminal proceedings solely on their own initiative.
Instead, a formal complaint must be filed by the victim or their legal representative for the Public Prosecutor’s Office to proceed with an investigation and prosecution.
Public Crimes
This means that, they do not require a formal complaint from the victim to be investigated.
According to article 262.º of the Code of Criminal Procedure, the Public Prosecutor is legally obliged to initiate an investigation as soon as it becomes aware of the facts.
This is mainly because violent extremism poses a serious threat to public order, national security and fundamental rights.
As such, Portuguese law ensures that these offenses are prosecuted proactively, regardless of the victim’s willingness or ability to file a complaint, allowing authorities to act swiftly.
Complaints can be submitted online to the Judiciary Police
Report to the Judiciary Police
In Portugal, if victims of hate crimes or violent extremism choose to come forward and file a complaint, they are advised to report the offense to the Judiciary Police, the responsible institution for investigating serious and complex crimes.
Complaints can be submitted in person at one of the Judiciary Police’s headquarters, or online via their official reporting platform:
- This platform allows for the reporting of various types of crimes, including hate-motivated offenses and acts of violent extremism.
- Any citizen, not just the victim, can use this portal to report suspected crimes of violent extremism, helping to initiate an official investigation even in the absence of a formal complaint by the affected party.
Victim’s rights during the reporting phase
According to the Victims statute (Law no. 130/2015) in Portugal, victims have the right to:
Effective Assistance (Article no. 13)
→ Victims have the right to access legal consultation and, if necessary, subsequent legal representation during criminal proceedings.
→ This ensures that victims can fully exercise their rights and be supported throughout the justice process.
Be Understood (Article no. 12)
→ Communication with victims must be conducted in simple and accessible language, considering their as age, maturity, education level, or any special needs.
→ This right promotes genuine understanding and inclusion.
Be Informed (Article no. 11)
→ From the very first contact with authorities, including when reporting, victims must be informed on the Available legal consultation and assistance.
→ Protective measures.
→ Access to victim support services and psychosocial counselling.
→ The procedural status and developments of their case
Protection (Article no. 15)
→ Victims are entitled to measures to ensure their personal and family safety whenever there is a serious risk of harm or intimidation.
→ This includes safeguarding the victims’ privacy and personal data.
Respect and Recognition (Article no. 4)
→ Victims must be treated with respect, empathy and dignity at all stages of the judicial process.
→ Authorities are obliged to acknowledge the victim’s experience and ensure their participation is meaningful and supported.
Be Heard (Article no. 17)
→ Victims have the right to be heard in an appropriate, private environment designed to minimise the risk of secondary victimisation.
→ This includes informal settings where the victim feels safe, particularly during interviews or testimony.
Step 3
Police Investigation
What happens after reporting
In Portugal, once a crime is reported, the criminal police authority responsible for the investigation, prepares a crime report, which details the relevant facts of the alleged offense, and includes any initial evidence gathered, as well as all available information about the parties involved.
This report forms the basis for initiating a criminal investigation under the supervision of the Public Prosecutor, which directs the inquiry from that point forward (Article no. 243º, Code of Criminal Procedure).
Role of the victim in the investigation
In Portugal, victims of a crime may constitute themselves as a private party to the prosecution, which is mandatory for private crimes and optional for public or semi-private crimes.
By doing so, the victim assumes a more formalised role, cooperating with the Public Prosecutor.
However, the Public Prosecutor is the one that retains primary responsibility for the criminal prosecution (Article no. 68º, Code of Criminal Procedure).
Regardless of choosing to act as a private party, victims will be required to cooperate with the investigation, mostly as a witness, thus providing statements, submitting relevant evidence, or otherwise assisting with investigative measures deemed necessary for the discovery of the truth (Article no. 67º-A, no.5, Code of Criminal Procedure).
Rights of the victim during the police investigation
During the police investigation, victims are entitled to a range of rights aimed at ensuring their protection, dignity and effective participation in the police investigation. These include:
Right to Information
→ Victims have the right to be promptly and clearly informed, in a language they understand, about the progress of the case, procedural steps, their rights, and the support services available.
Right to Assistance
→ Victims are entitled to receive appropriate assistance, including access to legal aid, psychological support, and social services.
→ They also have the right to be accompanied by a lawyer or a representative of a victim support organisation during key stages of the proceedings.
Right to Protection
→ Victims have the right to protection from intimidation, retaliation, or secondary victimisation.
Right to Participate Actively in the Criminal Process
→ Victims have the right to participate in the investigation phase.
→ They may also constitute themselves as a private party, taking a more active procedural role.
Step 4
Public Prosecutor’s Role
Decision-making process
Following the preliminary phase of the investigation, known as the inquiry phase, the Public Prosecutor may:
Accusation
Article no. 283, Code of Criminal Procedure
→ If the Public Prosecutor determines that there is sufficient evidence indicating that the crime has been committed and that a particular individual is likely responsible, they may, within a 10-day deadline, file a formal accusation against the suspect.
→ This marks the beginning of the prosecution phase of the criminal process.
Inquire archive
Article no. 277, Code of Criminal Procedure
→ If the investigation concludes that there is insufficient evidence regarding the analysed crime, or if it falls outside the Public Prosecutor’s scope, the case can be archived.
→ In such instances, no further criminal proceedings will be pursued, although the decision may be reopened if new evidence emerges.
Suspension of the Proceeding
Article no. 281, Code of Criminal Procedure
→ If the alleged offense is punishable with a prison sentence of no more than 5 years, the Public Prosecutor may propose the provisional suspension of the criminal proceedings.
→ The provisional suspension is dependent on the defendant, the private party (victim) and the responsible judge agree on it.
Victim’s role and rights in this phase
In the inquiry phase, victims have the right to:
Be notified of key procedural decisions
Such as the decision to file an accusation, archive the case, or suspend the proceedings, particularly if the victim has chosen to constitute themselves as a private party (Article no. 283 and 284, Code of Criminal Procedure).
Right to participate
Take part in the inquiry phase and, subsequently, in the instruction phase, by presenting evidence, requesting investigative measures deemed necessary, and being informed of the judicial decisions issued in response to such initiatives (Article no. 69, Code of Criminal Procedure).
Be heard during the criminal proceedings
Including the inquiry phase and may be called upon to give statements during the investigation phase (Article no. 132, Code of Criminal Procedure).
Protective measures for victims
Right to identity confidentiality
Due to the sensitive nature of hate crimes and violent extremism, the victim’s identity can be kept confidential to protect their safety and dignity (Article no. 67.º-A, Code of Criminal Procedure).
Witness and victim protection programs
In cases where there is a high risk to the victim’s physical integrity, the victim may be included in specialised protection programs ensuring anonymity, physical security, and comprehensive support (Law no. 93/99, of 14 of July).
Instruction phase and its outcomes
In Portugal, following the inquiry phase, there is a second non-mandatory stage called the instruction phase, which is only initiated through a formal request/appeal.
According to article no. 287º of the Criminal Procedural Code, It can be requested in 20 days from the inquiry decision by:
- The defendant to challenge the accusation.
- The victim, as a private party, to challenge the decision to archive the case.
Once the instruction hearing is concluded, the judge issues either an indictment or a non-indictment decision, either moving the case to the last stage or closing it (Article no. 307º, Code of Criminal Procedure).
Step 5
Court Proceedings
What happens in court and what is the role of the victim
During the court proceedings, the case moves from the instruction phase to the trial, where evidence is presented before a judge:
- The prosecution (led by the Public Prosecutor) presents the case against the defendant, while the defence responds and present its evidence.
Victims can participate actively if they have constituted themselves as private parties:
- This allows them to be informed of all procedural acts, submit evidence, question witnesses, and be heard during the trial. If not, victims may be called to give testimony.
Special Protection in Court
Removal of the accused during testimony (Article no. 152, Code of Criminal Procedure)
→ The court may order the exclusion of the accused from the courtroom when there are reasons to believe that their presence would inhibit the witness from telling the truth.
Use of videoconference or teleconference (Article no. 23, Victim's Statute)
→ Testimonies and statements from especially vulnerable victims may be given via videoconference or teleconference.
→ During the instruction or trial phases, the court may order this, either officially or upon request from the Public Prosecutor or the victim, whenever necessary.
Results after the trial
Conviction
Article no. 375, Code of Criminal Procedure
→ A conviction verdict is issued when the court finds that there is sufficient evidence proving the defendant committed the crime.
→ The verdict specifies the reasoning behind the choice and extent of the sanction imposed, indicating any other obligations imposed, including the individual plan for social reintegration.
Acquittal
Article no. 376, Code of Criminal Procedure
→ An acquittal verdict is issued when the court determines that the evidence presented is insufficient to prove the defendant committed the crime, or when the facts do not constitute a punishable offense.
→ This decision results in the defendant being declared not guilty and the case closed.
Your rights after the trial
Appeal
Victims who are private parties have the right to appeal criminal decisions (Article no. 401, Code of Criminal Procedure).
Ask for Compensation
Victims can claim compensation as part of the criminal trial by joining as a civil claimant (Article no. 83, Code of Criminal Procedure).
Civil lawsuits & State Compensation
If no claim is made during the criminal trial or additional compensation is sought, victims can file a separate civil lawsuit, based on general liability and damages provisions.