Portugal (From Probation in Europe, P 339-363, 1981, C G Cartledge et al, ed. - See NCJ-86328)

• NCJ Number: 86338
• Author(s): L F Marques
• Date Published: 1981
• Length: 25 pages
• Sale Source: European Assembly for Probation and After-Care
• Language: French; English
• Country: Netherlands

Annotation

This discussion of probation in Portugal considers law enforcement and the administration of justice as well as the organization and working methods of the probation system.

Abstract

The police in Portugal are responsible for receiving reports of and collecting evidence on crimes, and each preliminary inquiry into a crime must be reported to the county public prosecutor. The Office of the Attorney General, which is superior to the office of the public prosecutor, coordinates the preparation of criminal proceedings. The public prosecutor has no discretionary powers in the guidance of the criminal proceedings. Portugal's court system consists of courts of original jurisdiction, the courts of appeal, and the Judiciary Committee of the House of the Lords, the highest appellate body. Major penalties are imprisonment from 2-24 years and the forfeiture of political rights for 15-20 years; correctional penalties are imprisonment for 3 days to 2 years, banishment, temporary forfeiture of political rights, fine, and reprimand. Special penalties for public employees are removal from office, suspension from office, and censure. Suspension of a sentence is permitted for a sentence of imprisonment not to exceed 2 years or a fine. The period of suspension can be for 2-5 years. The aim of probation and parole is the social rehabilitation of the offender, sought primarily through the personal relationship between the probation officer and the client. The officer is given some enforcement power, which often produces tension between the roles of helper and enforcer. Probation officers also prepare background reports on defendants and offenders, and other duties include linking clients with community services such as employment, housing, health services, and family welfare services, as well as identifying special community services for client problems related to drug abuse, physical handicaps, and mental illness. The basic method of supervision is casework, which extends to the family when needed. Key addresses and sentencing statistics for 1972-78 are provided.