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Criminal penalties in Portugal

Checked in October 2026 against the Código Penal (Decreto-Lei n.º 48/95), consolidated version on the Diário da República Eletrónico, with amendments up to Lei n.º 53/2026 (19 August 2026).

These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.

How Portugal sets penalties

  • Portugal's Código Penal states most penalties as a range ('prisão de 8 a 16 anos') or as a maximum ('prisão até 3 anos'), often with a fine as an alternative ('ou com pena de multa'). Fines are in days (dias de multa), and the amount per day is set by the court from the offender's means. This table does not state euro amounts.
  • There is no life sentence. The longest term in the Code is 25 years.
  • Portugal has a basic homicide (art. 131, 8 to 16 years) and an aggravated homicide ('qualificado', art. 132, 12 to 25 years), where the death is caused in circumstances that show special reprehensibility or perversity. This table maps the aggravated form to the 'first degree' row and the basic form to the 'second degree' row.
  • Portugal uses 'qualified' forms for many offences (for example furto qualificado, which covers breaking into a home). The Code lists the circumstances that qualify the offence.
  • This table shows first-offence ranges. Repeat offending and the general rules on reducing or suspending a sentence were not read.

Death penalty: No. The longest term of imprisonment in the Código Penal is 25 years, set for aggravated homicide (art. 132). There is no life sentence.

Read the Portugal legal-system profile in the Legal Families Atlas →

First-degree murder

12 to 25 years (aggravated homicide)

Aggravated homicide (art. 132) is a killing in circumstances that show special reprehensibility or perversity. The Code lists, among others, a killing of a descendant or ascendant, of a spouse or partner, of a particularly defenceless person, with torture or cruelty, and for greed.

Second-degree murder

8 to 16 years

Voluntary manslaughter

1 to 5 years (privileged homicide); up to 3 years (negligent killing)

Privileged homicide (art. 133) is a killing by a person dominated by understandable violent emotion, compassion, despair or a motive of relevant social or moral value, that substantially reduces their guilt. Causing death by negligence (art. 137) is a lighter offence, and gross negligence is punished more heavily.

Robbery

1 to 8 years (robbery); 3 to 15 years (aggravated); 8 to 16 years (robbery causing death)

Burglary

Up to 3 years or a fine (theft); 2 to 8 years (qualified theft, including entering a home)

Portugal has no offence called burglary. Break-ins are furto qualificado (art. 204). Among the circumstances listed in art. 204(2) is unlawfully entering, or hiding in, a home, a commercial or industrial establishment or another closed space, with intent to steal.

Arson

3 to 10 years (a significant fire creating danger); up to 5 years or 1 to 8 years where negligent

Portugal has no offence called arson. The offence is causing a significant fire, for example by setting fire to a building, structure or means of transport, and thereby creating danger to life, to the physical integrity of others or to another's property of high value (art. 272).

Aggravated assault

Up to 3 years or a fine (simple); 2 to 10 years (serious)

  • Simple offence against physical integrity (ofensa à integridade física simples) (Offence (pena de prisão))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    Or a fine

    Código Penal (Portugal), art. 143(1)

  • Serious offence against physical integrity (ofensa à integridade física grave) (Offence (pena de prisão))

    Least
    2 years
    Most
    10 years

    Código Penal (Portugal), art. 144

Serious offence against physical integrity (art. 144) applies when the victim is deprived of an important organ or limb or gravely and permanently disfigured, loses or has seriously impaired their capacity to work or other faculties, suffers a particularly painful or permanent illness or a serious or incurable mental condition, or is put in danger of life.

Rape and sexual assault

1 to 6 years (rape, coercion by non-violent means); 3 to 10 years (rape by violence or serious threat)

Since the 2023 amendment, art. 164(1) covers constraining a person to undergo or perform penetrative acts by any means against the person's recognisable will (1 to 6 years). Art. 164(2) covers the same acts by violence, grave threat, or after making the victim unconscious or unable to resist (3 to 10 years). Sexual coercion (art. 163) covers other sexual acts.

Kidnapping

Up to 3 years or a fine (abduction); 2 to 10 years (aggravated); 3 to 15 years (most serious)

Embezzlement

Up to 3 years or a fine (abuse of confidence) up to 8 years (considerably high value)

Embezzlement is covered by abuse of confidence (abuso de confiança, art. 205): unlawfully appropriating a movable thing entrusted to the offender. The Code grades it by value: high value and considerably high value.

Forgery

Up to 3 years or a fine; up to 5 years in aggravated forms

  • Forgery or counterfeiting of a document (falsificação ou contrafação de documento) (Offence (pena de prisão))

    Least
    No minimum term set by the statute
    Most
    3 years
    Fine
    Or a fine

    Código Penal (Portugal), art. 256(1)

  • Forgery of a document in the aggravated forms of art. 256 (Offence (pena de prisão))

    Least
    6 months
    Most
    5 years
    Fine
    Or a fine of 60 to 600 days in one form

    Código Penal (Portugal), art. 256(3)

Drunk driving, first offence

Up to 1 year or a fine of up to 120 days (blood alcohol 1.2 g/l or more)

  • Driving while drunk or under the influence of drugs (condução de veículo em estado de embriaguez ou sob a influência de estupefacientes) (Offence (pena de prisão))

    Least
    No minimum term set by the statute
    Most
    1 year
    Fine
    Or a fine of up to 120 days

    Código Penal (Portugal), art. 292(1)

Driving a vehicle, with or without a motor, on a public road or equivalent, with a blood alcohol concentration of 1.2 grams per litre or more, at least by negligence (art. 292). The same penalty applies to driving under the influence of narcotics or psychotropic substances. A more serious penalty applies if another provision calls for it. Lower levels of alcohol are administrative offences, outside the Code.

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