Law number 99/2009, which lays down the framework scheme applicable to administrative offences committed in the communications sector, has been published on 4 September 2009, so as to assist in a more effective and rational action at the level of the prevention against and sanction of several defined offences, and to meet the increasing importance of the communications sector in today's society, protecting in a coherent and articulated manner the legal interests at stake, taking into consideration the risks which the sector currently faces.
This new scheme is a specific regime as regards the general administrative offence regime, on which it is based, with a view to simplifying and consequently to accelerating procedures, without infringing the guarantees of defendants, and includes also special solutions that aim to meet the general prevention requirements which are peculiar to the sector.
The most important features of this new framework scheme are listed below:
- Liability of legal persons is precluded where the agent acts against its explicit orders or instructions (article 3, paragraph 3);
- Administrative offences may be classified as minor, serious and very serious (article 6);
- The maximum and minimum limits of fines vary according to each degree of seriousness of offences and to whether offences were committed by natural or legal persons, and in this case, to the dimension of the latter (article 7);
- The maximum and minimum limits of fines are reduced by half in case of infringements in attempted or negligent form (article 4);
- Provision for punishment in case of recurrence (article 9);
- Provision for a warning in case of a minor infringement consisting of a remediable deficiency which caused no significant damage (article 15);
- Possibility of a simplified procedure, consisting of the communication of the decision to issue a warning or to apply the fine before a formal accusation is made, in case of a minor or serious infringement, which depends on the acceptance on the part of the defendant - in case of rejection, proceedings promptly continue (article 21);
- Suspension of the applied penalty, in case the simple reproach of the act and threat of sanction achieve in an appropriate and sufficient manner the objectives of the penalty (article 31);
- Possibility of paying the fine voluntarily, in case of minor or serious infringements, as well as of very serious infringements committed with negligence (article 23);
- Possibility of applying injunctions providing for the discharge of the unperformed duty, on pain of a penalty payment (article 8);
- Possibility of submitting proceedings to investigation secrecy (article 20);
- Establishment of rules governing costs (article 35).
This regime takes effect on 5 October 2009.
Consult:
- Law no. 99/2009, of 4 September https://www.anacom.pt/render.jsp?contentId=984010
