Your trusted criminal lawyer in Portugal

Portugal

How criminal law works in Portugal

Portugal follows a civil law system based on written codes. Criminal cases are heard by the judicial courts, and only lawyers registered with the Ordem dos Advogados may represent defendants. Key deadlines and court fees are set by law and can affect the timing of your defence.

Judicial courts and criminal specialisation

Criminal cases are heard at first instance by the judicial courts (tribunais judiciais), organised into 23 comarcas and subdivided into juízos by specialisation, including criminal juízos. Appeals lie to the five Courts of Appeal and the Supreme Court of Justice, whose uniform rulings guide interpretation.

Compulsory lawyer representation

In criminal proceedings the defendant must be assisted by a lawyer. A lawyer must be registered with the Ordem dos Advogados (Portuguese Bar Association); carrying out reserved acts without registration constitutes ‘unlawful practice of law’ and is a criminal offence under Law 49/2004.

Court fees and party costs

Court costs (custas processuais) are governed by the Regulamento das Custas Processuais. The court fee is expressed in Unidade de Conta (UC), updated annually. As a rule the losing party bears the court costs, and the successful party may recover party costs up to certain limits.

Legal aid for criminal defence

Legal aid (apoio judiciário) is guaranteed by Law 34/2004 for those who demonstrate economic insufficiency. It may include exemption from court fees, appointment and payment of a lawyer (patrono) or public defender, and phased payment of fees.

Key limitation periods

The general limitation period is 20 years, with shorter periods for certain matters. Appeals against a first-instance judgment must be filed within 30 days (15 days in urgent proceedings). The deadline for reporting inheritance for stamp duty is by the end of the third month after death.

Written codes, not binding precedent

Portugal follows the continental (civil law) model based on written codes including the Criminal Code. Judges are guided by Supreme Court judgments and uniform rulings of case law, but the system does not rely on binding precedent in the same way as common-law jurisdictions.

The data in the local block is drawn from official Portuguese sources (Diário da República, Ordem dos Advogados, Portal das Finanças) and the European e-Justice portal.

• National justice systems – Portugal (e-Justice)
• Estatuto da Ordem dos Advogados (consolidated)
• Diário da República Lexionário – Prescrição
• Diário da República – Employment dismissal challenge (Law 2009)
• Diário da República – Divorce by mutual consent
• Diário da República – Civil Procedure Code appeal deadlines
• Diário da República – Judicial challenge of administrative act
• Portal das Finanças – Inheritance and stamp duty reporting
• Diário da República – Custas processuais / legal aid (Law 34/2004)
• Diário da República – Court fees in Unidade de Conta (Decree-Law 34/2008)