Criminal
The Penal Code, prosecutor-led investigation and decriminalised drug use
The Penal Code and Code of Criminal Procedure govern offences and process, with the Public Prosecution Service directing the inquiry and an investigating judge safeguarding rights. Portugal is internationally known for treating personal drug use as an administrative matter.
Key rules
- The Ministério Público leads the inquérito, with a judge of instruction authorising intrusive measures.
- Personal possession of drugs for consumption is an administrative offence, not a crime.
- Maximum prison terms are capped, with no life imprisonment.
Governing law
- Penal Code (Código Penal)
- Code of Criminal Procedure (Código de Processo Penal)
Penalties and consequences
- Prison sentences up to the constitutional maximum, with life imprisonment prohibited.
- Fines in day-units, suspended sentences and community work.
In practice
Because life sentences are unconstitutional, extradition and mutual-assistance requests may require assurances from the requesting state.