Portugal - Global bribery offenses guide

What is the legal framework governing bribery in Portugal?

Bribery and corruption are regulated in articles 372 (Unlawfully Receiving or Offering an Advantage), 373 (Passive Corruption) and 374 (Active Corruption) of the Portuguese Criminal Code, in articles 16 (Unlawfully Receiving an Advantage), 17 (Passive Corruption) and 18 (Active Corruption) of Law no. 34/87, of July 16 (Crimes of the Responsibility of Political Officeholders),  in articles 7 (Active Corruption in prejudice of international trading), 8 (Passive Corruption in the private sector) and 9 (Active Corruption in the private sector) of Law no. 20/2008, of April 21 (Criminal Liability for Corruption Crimes in International Trade and Private Sector), in articles 36 (Passive Corruption) and 37 (Active Corruption) of Law no. 100/2003, of November 15 (Military Justice Code, which relate to military personnel) and in articles 17 (Unlawfully Receiving an Advantage), 14 (Passive Corruption) and 15 (Active Corruption) of Law no. 14/2024, of January 19 (Legal Framework for sports integrity and combating unsportsmanlike behavior,  which relate to sports agents).

 

What constitutes a bribe?

Although there are many different bribery offenses, which vary according to the status of the person who receives the bribe, they all share a common definition, based on the United Nations Convention against Corruption’s definition of bribery.

Offering, promising, requesting or accepting an undue advantage (pecuniary or non-pecuniary), directly or through a third party, is considered an offence in Portugal as described below.

 

What are the principal offenses under this legal framework?

1. Solicitation or acceptance of an undue advantage by an official in the exercise of their functions or because of them, for themself or for a third party – with exception to offers in accordance with local custom and usage (article 372(1) of the Portuguese Criminal Code) – Unlawfully receiving an advantage.
2. Offering or promising an undue advantage to an official or to a third party (through indication or knowledge of the official), during the course of its functions or because of those functions – with exception to offers in accordance with custom and usage (article 372(2) of the Portuguese Criminal Code) – Unlawfully offering an advantage.
3. Solicitation or acceptance of an undue advantage by an official or a third party (through indication or knowledge of the official) in order to act or fail to act in a way that violates the duties of the office, even if committed prior to such solicitation or acceptance (article 373(1) of the Portuguese Criminal Code). The offense is committed even if the act or omission is not contrary to the duties of the office (article 373(2) of the Portuguese Criminal Code) – Passive corruption.
4. Offering or promising an undue advantage to an official or to a third party (through indication or knowledge of the official) in order to have them act or fail to act in a way that violates the duties of the office, even if committed prior to such solicitation or acceptance (article 374(1) of the Portuguese Criminal Code). The offense is committed even if the act or omission is not contrary to the duties of the office (article 374(2) of the Portuguese Criminal Code) – Active corruption.
5. Any of the above‑described conducts, when involving a holder of political office or of a high public office (articles 16, 17 and 18 of Law no. 34/87, of July 16).
6. Any of the above‑described conducts, when involving a sports agent (articles 17, 14 and 15 of Law no. 14/2024, of January 19) for any act or omission intended to alter or falsify the result of a sporting competition.
7. The conduct described in paragraph 4, when involving an official in the international trade (articles 7 of Law no. 20/2008 of April 21) for any act or omission intended to obtain or retain business, a contract, or other undue advantage in international trade.
8. The conduct described in paragraphs 4 and 5, when involving a private sector worker (articles 8 and 9 of Law no. 20/2008 of April 21) for any act or omission that constitutes a violation of their functional duties.
9. The conduct described in paragraphs 4 and 5, when involving a member of the military (articles 36 and 37 of Law no. 100/2003, of November 15) for an act or omission contrary to the duties of office and resulting in a danger to national security.

 

What is the jurisdictional reach of the legal framework?

The Portuguese Criminal Code is applicable to crimes committed in Portugal and to crimes whose perpetrator was found in Portugal, provided that the fact is punishable by the law of the place in which it was practiced and the conditions for the perpetrator’s extradition are not met.

 

Who may be liable for bribery? (public officials, private individuals, legal entities etc.)

• Under Portuguese Criminal Code public officials, private individuals and legal entities may be liable for bribery.
• Public official, within the meaning of the Portuguese Criminal Code (article 386), such as:
  1. Civil servants and military personnel;
  2. Anyone who holds public office by virtue of a special connection;
  3. Anyone who even on a provisional or temporary basis, whether remunerated or not, voluntarily or compulsorily, has been required to perform or participate in the performance of an activity included in the public administrative or judicial function;
  4. Judges of the Constitutional Court, judges of the Court of Auditors, judicial magistrates, magistrates of the Public Prosecutor's Office, the Prosecutor General, the Ombudsman, members of the Superior Council of Magistrates, members of the Superior Council of Administrative and Tax Courts, and members of the Superior Council of the Public Prosecutor's Office;
  5. Arbitrators, jurors, experts, technicians who assist the court in judicial inspections, translators, interpreters, and mediators;
  6. Notaries;
  7. Anyone who, even on a provisional or temporary basis, for remuneration or free of charge, voluntarily or compulsorily, performs or participates in the performance of public administrative functions or exercises functions of authority in a public utility legal person, including private social solidarity institutions; and
  8. Anyone who performs or participates in the performance of public functions in a public association.
• For the purposes of corruption under Portuguese Criminal Code, the following are considered equivalent to civil servants:
  1. Magistrates, public officials, agents, and equivalent officials of public international law organizations, regardless of nationality and residence;
  2. Public officials of other States;
  3. All those who perform functions identical to those above described in c) within the scope of any international public law organization of which Portugal is a member;
  4. Magistrates and officials of international courts, provided that Portugal has declared its acceptance of the jurisdiction of those courts;
  5. All those who perform functions within the scope of extrajudicial dispute resolution procedures, regardless of nationality and residence;
  6. National jurors and arbitrators of other States.
• Holders of political office or a high public office, private individuals and legal entities may be liable for bribery under Law no. 34/87.
• Public officials, holders of political office, private sector workers and legal entities may be liable for bribery under Law no. 20/2008.
• Member of the military and private individuals may be liable for bribery under Law no. 100/2003.
• Sports agents private individuals and legal entities may be liable for bribery under Law no. 14/2024.

 

Can a parent company be liable for its subsidiary’s involvement in bribery?

Yes, if the subsidiary fulfils the concept of third party, or if the conditions for lifting the subsidiary’s legal personality are met. This is not to be assumed and will depend on the circumstances of each case.

 

Are facilitation payments (i.e. small payments to speed up routine governmental action) considered bribes?

Yes, facilitation payments are considered bribery, no matter how small the amount.

The term “undue advantage” is used in the law to characterize any benefit granted and it can include facilitation payments, and, therefore, their request or acceptance or on the other hand, their offer or promise to offer even if the act or omission is not contrary to the duties of the office or where not in consideration for any act or omission, may constitute a crime as set forth in articles 372, 373 and 374 of the Portuguese Criminal Code and in articles 16, 17 and 18 of Law no. 34/87.

 

Does the legal framework restrict political and charitable contributions?

Yes, articles 7 and 8 of Law no. 19/2003, of June 20 (Legal framework for party financing) establishes that political parties may not receive donations from anonymous donors or corporate entities. Donations from individuals cannot exceed the annual limit of 25 times the Social Support Index and have to be done by cheque or bank transfer. The Social Support Index for 2025 is EUR 522,50.

In any case, a political or charitable contribution could be considered a bribe if it is given or received with the intention of having a person act or fail to act in a way that violates the duties of their office.

 

Does the legal framework place restrictions on corporate hospitality?

The Portuguese legislation makes no express provisions regarding corporate hospitality. However, article 372(3) of the Portuguese Criminal Code excludes offers in accordance with local custom and usage from the concept of unlawfully received advantages. A conduct deemed as socially appropriate and consistent with customs and practice is excluded from this legal framework.

According to Code of Conduct of the Portuguese Government applicable to all members of the XXV Constitutional Government, public administration officials under the supervision of the government and other public entity directors and officials, it is understood that the independent exercise of their mandate may be affected where members accept hospitality from person in a calendar year with an estimated value of at least EUR 150.

In any case, hospitality will be considered bribery if it is likely to influence a person to act or refrain from acting in a manner that violates the duties of their office.

 

Are there any defenses for bribery offenses?

Article 372(3) of the Criminal Code excludes offers in accordance with local custom and usage from the concept of unlawfully received advantages.

Article 374-B (1)(2) of the Criminal Code states that the agent shall be exempt from punishment whenever (i) he has reported the crime before the initiation of criminal proceedings or (ii) he has contributed decisively to the discovery of the truth during the investigation or preliminary proceedings; and in the situations provided for in article:

• 373 (1), he has not committed the act or omission contrary to the duties of the position for which he requested or accepted the advantage and voluntarily returns or repudiates the advantage or, in the case of fungible goods or animals, returns their value;
• 372 (1) and 373 (2), he voluntarily returns or repudiates the advantage or, in the case of fungible goods or animals, returns their value;
• 374 (1), he has withdrawn the promise of advantage or requested its restitution or repudiation from the official or third party before the act or omission contrary to the duties of the office is committed;
• 372 (2) and 374 (2), he has withdrawn the promise of advantage or requested its restitution or repudiation from the official or third party.

Article 374-B (5) of the Criminal Code provides that the punishment shall be particularly mitigated if, until the conclusion of the trial hearing in the first instance, the agent actively cooperates to the discovery of the truth, contributing significantly to the evidence of the facts.

Similar provisions are established in Law no. 37/87, 20/2008 and 14/2024.

Similar provision as above described on b) is also established in Law no. 100/2003.

Article 90-A (4) of the Criminal Code provides that the “the court shall mitigate the penalty (…) also considering the circumstance that the legal entity or equivalent entity had adopted and implemented, prior to the commission of the crime, an adequate compliance program to prevent the commission of the crime or crimes of the same kind”.

Article 90-A (6) of the Criminal Code provides that the “the court replaces the fine with an alternative penalty that adequately and sufficiently fulfils the purposes of punishment, considering, in particular, the adoption or implementation by the legal entity or equivalent entity of an appropriate compliance program to prevent the commission of the crime or crimes of the same kind”.

 

What are the key regulatory or enforcement bodies with regard to bribery?

The key regulatory body with regard to bribery is MENAC – Mecanismo Nacional Anti-Corrupção (which was created by Decree-Law no. 109-E/2021).

The Public Prosecutor’s Office may investigate and prosecute all crimes, including bribery, and may put the police or other agents of enforcement bodies in charge of the investigative work.

 

What are the legal consequences of being found guilty of bribery offenses?

• Criminal Code

  • Unlawfully receiving an advantage is punishable with imprisonment of up to five years or a fine of up to 600 days for individuals.

  • Unlawfully offering an advantage is punishable with imprisonment of up to three years or a fine of up 360 days for individuals and a fine of up to 600 days for legal entities.

  • Passive corruption is punishable with imprisonment of one to eight years or, if the act or omission is not contrary to the duties of the office, with imprisonment of one to five years.

  • Active corruption is punishable with imprisonment of one to five years or, if the act or omission is not contrary to the duties of the office, with imprisonment up to three years or a fine of up to 360 days.

  • Minimum and maximum penalties can be increased, among other scenarios, by a quarter or one-third if the advantage obtained is high-valued (50 units of account, currently in the amount of EUR5,100) or of considerable high value (200 units of account, currently in the amount of EUR20,400), respectively.

• Crimes of the Responsibility of Political Officeholders (Law no. 34/87)
  • Unlawfully receiving an advantage is punishable with imprisonment of one to five years.
  • Unlawfully offering an advantage is punishable with imprisonment of up to five years or a fine of up to 600 days.
  • Passive corruption is punishable with imprisonment of two to eight years or, if the act or omission is not contrary to the duties of the office, with imprisonment of up to five years.
  • Active corruption is punishable with imprisonment of two to five years or, if the act or omission is not contrary to the duties of the office, with imprisonment up to five years.
  • Minimum and maximum penalties can be increased, among other scenarios, by a quarter or one-third if the advantage obtained is high-valued (50 units of account, currently in the amount of EUR5,100) or of considerable high value (200 units of account, currently in the amount of EUR20,400), respectively.
• Criminal Liability for Corruption Crimes in International Trade and Private Sector (Law no. 20/2008)
  • Active corruption in international trade is punishable with imprisonment of one to eight years.
  • Passive corruption in the private sector is punishable with imprisonment of up to five years or a fine of up to 600 days or, if is likely to cause a distortion of competition or financial loss to third parties, with imprisonment of one to eight years.
  • Active corruption in the private sector is punishable with imprisonment of up to three years or a fine or, if is likely to cause a distortion of competition or financial loss to third parties, with imprisonment of up to five years or a fine of up to 600 days.
• Military Justice Code (Law no. 100/2003)
  • Passive corruption is punishable with imprisonment of two to ten years.
  • Active corruption is punishable with imprisonment of one to six years.
• Legal Framework for sports integrity and combating unsportsmanlike behavior (Law no. 14/2024)
  • Unlawfully receiving an advantage is punishable with imprisonment of up to five years or a fine of up to 600 days.
  • Unlawfully offering an advantage is punishable with imprisonment of up to three years or a fine of up to 360 days.
  • Passive corruption is punishable with imprisonment of one to eight years.
  • Active corruption is punishable with imprisonment of one to five years.
  • Minimum and maximum penalties can be increased, among other scenarios, by a quarter or one-third if the advantage obtained is high-valued (50 units of account, currently in the amount of EUR5,100) or of considerable high value (200 units of account, currently in the amount of EUR20,400), respectively.
• For individuals, fines have a daily minimum of EUR 5 and a maximum of EUR 500 based on the offender's financial circumstances.
• For legal entities the penalty applicable is a fine. Whenever the law does not establish a fine, the minimum and maximum limits of fines are determined with reference to the term of imprisonment provided for individuals, and a month of prison for an individual corresponds to ten days of fine for legal persons. Fines have a daily minimum of EUR100 and a maximum of EUR10,000 based on the offender's financial circumstances and its costs in respect of its employees.
• Ancillary penalties may also be applied, such as the prohibition or suspension of his duties for individuals; the dissolution, exclusion from public procurement tenders as set in the Portuguese Public Contracts Code or denial of public subsidies for legal entities.

 

Are deferred prosecution agreements (DPAs) or other similar settlement mechanisms available?

DPAs are not available in the Portuguese legal system.

For crimes punishable with imprisonment of less than five years, article 281 of the Criminal Procedural Code allows, under certain circumstances, a temporary suspension of criminal procedure, for a certain period of time, determined by the Pre-Trial Judge, provided there is the consent of the Assistant (victim) and the Public Prosecutor, and the Defendant complies with certain rules of conduct or injunctions.

If the Defendant complies with these rules or injunctions, the case is closed; otherwise, the criminal proceedings follow their normal course until trial.

For bribery offenses committed by a legal entity, an injunction to adopt, implement, or amend a regulatory compliance program, with judicial oversight, appropriate to prevent the commission of such crimes, must be imposed.