Portuguese Legislation On 'Detection And Suppression Of Terrorism'

Author:Ms Dirce Rente and João Medeiros
Profession:PLMJ
 
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Eight laws were published in the Portuguese official gazette Diário da República on 23 and 24 June 2015, and these laws are part of Portuguese and international efforts to combat terrorism.

The following laws came into force the day after the publication:

Law 55/2015 of 23 June makes the fifth amendment to Law 5/2002 of 11 January, which establishes measures to combat organised an economic-financial crime; Law 56/2015 of 23 June makes the second amendment to Law 23/2007 of 4 July, which approves the legal framework on foreign citizens entering, remaining in and leaving Portugal as well as their removal from Portuguese territory; Law 57/2015 of 23 June makes the third amendment to Law 49/2008 of 27 August, which approves the Law of Organisation of Criminal Investigation; Law 58/2015 of 23 June makes the twenty-third amendment to the Code of Criminal Procedure; Law 59/2015 of 24 June makes the first amendment to Law 53/2008 of 29 August, which approves the Internal Security Law; Law 60/2015 of 24 June makes the fourth amendment to Law 52/2003 of 22 August (Law to Combat Terrorism); Law 61/2015 of 24 June, which makes the second amendment to Law 101/2001 of 25 August, which establishes the legal framework for covert actions to prevent and investigate crime; Law 62/2015 of 24 June makes the sixth amendment to Law 25/2008 of 5 June, which establishes prevention and suppression measures to combat laundering of the proceeds of unlawful acts and financing of terrorism (which only came into force on 29 June, the fifth day after its publication). Other important changes that have been made to the Portuguese legal system are made by the amendments to Law 63/2015 (check the PLMJ newsletters about Golden Visa: New Types of "investment and Golden Visa: Change to the rules on foreign citizens entering, staying in and leaving Portugal, and on their removal from the country) Law 59/2015, Law 60/2015 and Law 62/2015.

The essential aim of the remaining legislative changes is to update the definition of terrorism. This now includes not only acts that constitute the crimes of terrorist organisations, terrorism and international terrorism, but also acts of financing terrorism, as provided for in Law 58/2015.

Therefore, Law 59/2015 changes the composition of the High Council of Internal Security and, above all, defines and regulates in greater detail the functioning of the Antiterrorism Coordination Unit (Unidade de Coordenação Antiterrorismo – UCA). It...

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