Disclaimer

Translations of these materials into languages other than Portuguese are intended solely as a convenience to the non-Portuguese-reading public.

Any discrepancies or differences that may arise in translations of the official Portuguese versions of these materials are not binding and have no legal effect for compliance or enforcement purposes.

Decree Law No. 9/2021


Publication: Republic Diary No. 20/2021, Series I of 2021-01-29
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 9/2021
  • Pages: 4 - 206

Summary in plain english

What is it?

This decree-law approves a legal scheme for economic misdemeanours.

What is going to change?

The misdemeanour procedures will now be identical in all sectors of economic activity.

Like other misdemeanour schemes, misdemeanours are now classified according to their seriousness as "light", "serious" and "very serious", with the maximum limits of the fine to be imposed in the case of legal persons being determined by their size, distinguishing them between micro, small, medium and large enterprises.

In the case of minor offenses, the warning system is established, allowing the administrative authority to choose not to proceed with the misdemeanour procedure when the defendant has not been warned or convicted of an economic offence in the last three years.

Finally, a reduction in the fine is introduced where the defendant compensates individuals for the damage caused by the commission of the offence and ceases the unlawful conduct or where there are circumstances which sharply reduce the unlawfulness of the act, the guilt of the perpetrator or the need to impose a fine.

What advantages does it bring?

This decree-law establishes a procedure common to all economic misdemeanours, ensuring greater legal certainty and standardising and consolidating the system of misdemeanours applicable in economic matters; it ensures a better balance between, on the one hand, the fines and ancillary penalties applicable and, on the other, the legal assets to be protected; it simplifies the procedural process, making it faster and more effective, to the benefit of economic operators and consumers.

When does it enter into force?

This decree-law enters into force on 28 July 2021.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.