What is a crime?

We understand crime to be a voluntary, or sometimes a negligent behaviour, that violates either the Penal Code or specific laws. The aim of these laws is to protect and safeguard society’s fundamental legal interests, such as life, freedom, physical and moral integrity, sexual self-determination and property.

How to report a crime

In an emergency either as a victim you can report a crime and summon help by calling the national emergency number 112.

Remember this is for emergency use only.

For non-emergencies you can present your complaint or report (crime report) to any of these authorities: Public Prosecution Service (Ministério Público, MP); Judiciary Police (Polícia Judiciária, PJ); Public Security Police (Polícia de Segurança Pública, PSP) and National Republican Guard (Guarda Nacional Republicana, GNR).

Any of these authorities has the duty to receive all complaints and reports presented to them, even if the crime hasn’t been committed in their area or, in the case of the police forces, the investigation is not under their responsibility.

Any victim who files a complaint or a report is entitled to receive a written acknowledgement immediately without having to request it. This acknowledgement is evidence that the complaint or the report was filed and contains a description of the essential facts of the crime, including the type of act, the date and place of this occurrence and the damage caused.

 

Seven steps in reporting a crime

How to file a police complaint in 7 steps

Have you been assaulted, insulted or are you a victim of domestic violence? To file a complaint with the police, please note that in the case of a public crime, such as domestic violence, anyone can file a complaint, even if they are not the victim. We will show you what you can do. (see types of crime below)

If you need to file a complaint for a crime committed against you or someone else, see how and in which cases you can do so.

  1. Where can I file a complaint for crimes?

Simply go to a Public Security Police (PSP) station, a National Republican Guard (GNR) post, a Judicial Police (PJ) picket line or file a complaint directly with the Public Prosecutor’s Office and ask for supporting documentation. You can also file an electronic complaint or report via the website.

  1. Under what circumstances can I file a complaint with the Police or the GNR?

In the case of a public crime, anyone can file a complaint, even if they are not the victim (e.g. domestic violence). Even if the victim regrets the crime and wants to withdraw, the case continues. In the case of semi-public crimes (e.g. theft), a complaint is required (as a rule, by the victim or his/her legal representative). In the case of private crimes, the victim must be an assistant (e.g. insults).

  1. How to report a crime?

If the crime is of a public nature (theft or domestic violence, for example), anyone can report it, but is not obliged to do so, except police entities and public officials, if they become aware of a crime of this nature in the exercise of their duties (in these circumstances, they are obliged to do so).

You do not need to know the identity of the perpetrator, nor hire a lawyer – nor pay for or know the name of the crime. If the crime is of a private nature (for example, defamation or insults), the offended party must become an assistant in the process, which implies having a lawyer and paying court fees.

  1. What is the deadline for filing a complaint?

In the case of crimes requiring a complaint (semi-public and private crimes), the complaint must be filed within six months from the date on which the holder became aware of the fact and its perpetrators, under penalty of the extinction of that right.

  1. Do I have to pay to report a crime or file a complaint?

The rule is that no amount of money is required for a victim of a crime to complain or report it, or for a citizen to report a public crime of which they have knowledge. The exception is for private crimes, in which a court fee is paid to become an assistant.

  1. Do I need to have a lawyer to file a complaint or report a crime?

A lawyer is not required to file a complaint in criminal proceedings. However, if the victim wishes to be assisted in the criminal proceedings, they have this right and can hire a lawyer freely. If they do not have the financial means to do so, they can apply for legal aid, in the form of a lawyer being appointed, from any Social Security office.

  1. Is it possible to withdraw the complaint?

Yes, but only in the case of semi-public crimes (for example, theft). The same does not apply to domestic violence, which is a public crime. Once the complaint or report has been filed, the victim cannot withdraw.

Why Should I report a crime?

Reporting a crime is always the first step in criminal proceedings. Only after the complaint is made can authorities know that the crime occurred and start the investigation.
If you are the victim or a witness to a crime, it is very important that you report it to the authorities. If you do so, then it is more likely that the person who committed the crime is caught, made responsible and prevented from doing the same again, either to you or to others.
It might be necessary to report the crime to claim your rights to insurance or compensation. Reporting the crime is also important for compiling crime statistics, and for crime prevention actions.
It is mandatory for the police authorities to report any crime they become aware of and for their staff as well, either in the exercise of, or because of their duties. Reporting a crime is mandatory for anyone becoming aware of situations that put at risk the life, the physical or psychological integrity or the freedom of a child or young person aged under 18.

Types of Crime

In so far as the types of crime and the reporting process involved, there are three classifications, the most common examples being as follows:

Public crimes – Examples of public crimes are homicide, abduction, sexual abuse of children, domestic violence, robbery and theft. It is sufficient that the Public Prosecution Service (PSP) becomes aware of the crime in any way for criminal proceedings to start. That is, the process is initiated regardless of the victim’s will and the crime can be reported by anyone.

Semi-public crimes – are, for example, rape, simple theft and some offences to one’s physical integrity (assault), threats, criminal damage. Criminal proceedings for these crimes only start after the victim of the crime has reported it. That is, the public prosecutor can start criminal proceedings if the victim is willing and makes a complaint within six months after the crime takes place.

Private crimes – are, for example, defamation, libel or slander. Criminal proceedings for private crimes and for semi-public crimes start in the same way: the Public Prosecution Service can only open a process if the victim files a complaint. Then, after the complaint is made, the victim has ten days to request his/her role as assistant and the intervention of a lawyer.
In general the semi- public crimes, which are committed by direct relatives (example: son against parents, and between husband and wife) are considered private crimes.

Reporting Corruption

Combating and eliminating corruption is a responsibility of everyone and those who do not report, knowing the relevant facts, also has its share of guilt.
Thus, all those who have felt directly affected by corruption or who have privileged information are invited to use this means to contact the authorities responsible for the investigation.
These crimes can be reported directly to the Public Ministry, DCIAP (Departmento Central de Investigacao e Accao Penal), by using their online reporting facility available here.
More information about reporting a crime, the court process and your rights as a victim can be downloaded in English here

Reporting a Crime on-line

It is also possible to report certain crimes on-line. However in doing this you still need to visit a police station within 48 hours to confirm your identity. You cannot do this using an overseas address. Please visit our page here which deals with this subject.

What is a crime?

We understand crime to be a voluntary, or sometimes a negligent behaviour, that violates either the Penal Code or specific laws. The aim of these laws is to protect and safeguard society’s fundamental legal interests, such as life, freedom, physical and moral integrity, sexual self-determination and property.

Why Should I report a crime?

Reporting a crime is always the first step in criminal proceedings. Only after the complaint is made can authorities know that the crime occurred and start the investigation.

If you are the victim or a witness to a crime, it is very important that you report it to the authorities. If you do so, then it is more likely that the person who committed the crime is caught, made responsible and prevented from doing the same again, either to you or to others.

It might be necessary to report the crime to claim your rights to insurance or compensation. Reporting the crime is also important for compiling crime statistics, and for crime prevention actions.

It is mandatory for the police authorities to report any crime they become aware of and for their staff as well, either in the exercise of, or because of their duties. Reporting a crime is mandatory for anyone becoming aware of situations that put at risk the life, the physical or psychological integrity or the freedom of a child or young person aged under 18.

Types of Crime

In so far as the types of crime and the reporting process involved, there are three classifications, the most common examples being as follows:

Public crimes – Examples of public crimes are homicide, abduction, sexual abuse of children, domestic violence and theft. It is sufficient that the Public Prosecution Service (PSP) becomes aware of the crime in any way for criminal proceedings to start. That is, the process is initiated regardless of the victim’s will and the crime can be reported by anyone.

  • Robbery – Roubo, Art.º 210º do Código Penal
  • Qualified theft – Furto Qualificado, Art.º 204º do Código Penal
  • Domestic violence – Violência Doméstica, Artº 152º do Código Penal
  • Murder – Homicídio, Artº 131º do Código Penal
  • Kidnapping – Sequestro, Art.º 158º do Código Penal
  • Qualified swindle – Burla Qualificada, Artº 218 do Código Penal

Semi-public crimes – are, for example, rape, simple theft and some offences to one’s physical integrity. Criminal proceedings for these crimes only start after the victim of the crime has reported it. That is, the public prosecutor can start criminal proceedings if the victim is willing and makes a complaint within six months after the crime takes place.

  • Offence to the physical integrety (Assualt) – Ofensas á Integridade Física, Artº 143º do Código Penal
  • Theft – Furto, Art.º 203º do Código Penal
  • Swindle – Burla, Artº 217 do Código Penal
  • Threat – Ameaça, Artº 153 do Código Penal
  • Coercion – Coação, Artº 154º do Código Penal
  • Damage – Dano, Artº 2012º do Código Penal

Private crimes – are, for example, defamation, libel or slander. Criminal proceedings for private crimes and for semi-public crimes start in the same way: the Public Prosecution Service can only open a process if the victim files a complaint. Then, after the complaint is made, the victim has ten days to request his/her role as assistant and the intervention of a lawyer.

  • Abuse of confidence- Abuso de confiança – Artº 207º do Código Penal
  • Slander – Difamação, Artº 180º do Código Penal
  • Injury – Injuria, Artº 181º do Código Penal

In general the semi- public crimes, which are committed by direct relatives (example: son against parents, and between husband and wife) are considered private crimes.

Reporting Corruption

Combating and eliminating corruption is a responsibility of everyone and those who do not report, knowing the relevant facts, also has its share of guilt.

Thus, all those who have felt directly affected by corruption or who have privileged information are invited to use this means to contact the authorities responsible for the investigation.

These crimes can be reported directly to the Public Ministry, DCIAP (Departmento Central de Investigacao e Accao Penal), by using their online reporting facility available here.

Reporting a Crime – the Process docx Download