Changes in the Penal Code

Policy Response DateSeptember 4, 2007 Country: Portugal Address: Portugal General Type: Racist violence, Discrimination Racism and discrimination phenomena: Inter-ethnic, Homophobia, On grounds of disability, On grounds of other belief
Groups affected / Interested in: Ethnic minorities, Religious minorities, Lesbian, Gay, Bisexual and Transgender, Persons with disability Key socio-economic/institutional areas: Anti-discrimination, Anti-racism

Law nº 59/2007, of September 4, introduced changes in the Penal Code, namely in its Article 32, which typifies the crime of qualified murder. Now it can be read in f) that the motivation of the crime is aggravated when it is “determined by racial, religious or political hatred or when it’s caused by the colour, ethnic or national origin, by the sex or sexual orientation of the victim”. The motives that qualify the crime were thus enlarged and, as a consequence, the penalties aggravated.
However there is no general rule establishing racial motivation as an aggravating circumstance for all crimes. Therefore, in what concerns other crimes, it is for the courts to establish if racist motivation is to be considered an aggravating circumstance or not.
Regarding Article 240º, which typified the crime of racial or religious discrimination, it was enlarged in order to contain discrimination on account of sex and sexual orientation. It is also establishes that the crime can be committed through a computer system. The penal frame, varying between six months and five years of prison, remains unchanged.
Article 246 establishes that whoever is condemned for racial, religious or sexual discrimination (Article 240º), among other crimes, may loose, temporarily, electoral capacity (both active and passive). Collective persons are now liable to be punished by the practice of some crimes, including racial, religious and sexual discrimination.
The new Penal Code transposes several international dispositions, among them the Additional Protocol to the Convention on Cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed though computer systems, signed by Portugal on 17 March 2003, and the Framework Decision on Combating Racism and Xenophobia.

Source:

Diário da República, 2007.09.04 www.dre.pt/pdf1sdip/2007/09/17000/0618106258.PDF