Tourists Beware - The Differences in Crime and Punishment between Portugal and the UK

Portugal has emerged as a top holiday destination for British citizens, Portugal’s mild climate, especially in the southern Algarve region, is one of its biggest draws.  Portugal is one of the safest countries in Europe. The 2023 Global Peace Index ranks Portugal 7th out of 163 countries, emphasising its low crime rate and peaceful environment.  As Europe tires of the unwelcome behaviour exhibited by some groups of British nationals, new law to address conduct in public places has been introduced by several countries including Portugal.   It should also be remembered that together with different law, the police have a different and stricter attitude to public misbehaviour than in the UK. Portugal’s rising popularity has led to Lisbon and Albufeira are becoming the leading resorts for stag parties. 

British nationals on holiday often do not give any thought to the law in the country that they are visiting and often labour under the impression that their misbehaviour will be treated by the Portuguese police in the same way as the UK police.  There is frequently little understanding that actions that may be treated with leniency by the police in the UK are taken far more seriously in Portugal and other countries in Europe. 

There are five police forces in Portugal, each with a different prospective:

• Polícia Judiciária (PJ): The Criminal Investigations Police, which investigates organised, violent, and financial crime, terrorism, and more 
• Guarda Nacional Republicana (GNR): The National Gendarmerie, which deals with traffic violations, fiscal guard, and national environment protection police 
• Polícia de Segurança Pública (PSP): The Public Security Police, which is the national civilian police force that works in larger urban areas and at border checks 
• Serviço de Estrangeiros e Fronteiras (SEF): The Immigration and Borders Agency 
• Autoridade Tributária (AT): The Customs and Tax Authority

Marco Lobato, an associate in the Porto office, commented “public order and respect for authority are taken very seriously in Portugal and breaches can and do lead to the arrest of foreign nationals, particularly British citizens.  the Polícia de Segurança Pública (PSP) is the police force at the forefront of maintaining public order and respect for authority and is typically the first force to be called to incidents in urban and tourist-heavy areas, such as Lisbon, Porto, and Faro. They are responsible for maintaining public order and regularly patrol areas with high tourist activity.” Marco further commented “Guarda Nacional Republicana (GNR) on the other hand, operates mostly in rural and less urbanised areas but is also present in tourist regions, particularly in the Algarve, where they handle situations involving foreign nationals in disturbances.  The relationship between citizens and law enforcement is heavily grounded in respect and cooperation. Disrespect towards law enforcement can, not only lead to arrest but may also result in swift legal proceedings, especially in cases of flagrant offences, leading to substantial fines and prison sentences.”

Giambrone and Partners multi-jurisdictional multi-lingual criminal lawyers point out that as with most jurisdictions, ignorance of the law is not a mitigating circumstance.  A person who finds themselves under arrest in Portugal should immediately seek legal advice, which is a right extended to any person under arrest in Portugal.  Furthermore, a foreign national under arrest who does not speak Portuguese is entitled to legal assistance in their own language.  However, it should be noted that the duty lawyer’s English may not be especially good.  Giambrone and Partners’ have fluent English speakers in all our overseas offices and can guide and advise British tourists under arrest.  

The primary behaviours that result in British nationals being arrested in Portugal are as follows:

• Aggression or Disrespect Towards Authorities: One of the main reasons why tourists are detained in Portugal is due to verbal or physical aggression towards law enforcement. In Portugal, crimes of "resistência e coação sobre funcionário" (resistance and coercion towards an official) are taken seriously. Any behaviour deemed insulting, such as swearing, threatening, or being physically aggressive towards PSP or GNR officers, can lead to immediate arrest. Article 347 of the Portuguese Penal Code stipulates prison sentences ranging from one to five years for anyone who resists, coerces, or assaults a public official in the line of duty such as the ones patrolling the tourist areas of the Algarve
• Disobedience to Police Orders: Another frequent cause of arrests is the failure to comply with police orders.  In Portugal, there is a strong cultural emphasis on respect for authorities, and refusal to cooperate, such as not presenting identification or ignoring lawful orders (like dispersing from a restricted area) can be interpreted as a crime of disobedience (Article 348 of the Penal Code), which can also lead to detention.
• Public Disorder: Behaviours that disturb public order, especially in tourist and residential areas, are likely to prompt police intervention. While in the UK some forms of rowdy or drunken behaviour might be tolerated, in Portugal, the PSP is known for swiftly intervening in cases of excessive noise or disruptive argumentative behaviour in public spaces. This is particularly the case in tourist hotspots like the Algarve, where there is a high concentration of British tourists
• Drug Use in Public: Although the possession of small amounts of drugs for personal use is decriminalised in Portugal this does not provide carte blanche for public consumption or possession of quantities exceeding what is deemed for personal use, such conduct can result in arrest. The police are vigilant, especially in areas with large numbers of tourists and any drug-related behaviour is closely monitored.
• Vandalism and Damage to Property: Vandalism or the destruction of public or private property is treated with severity in Portugal. British nationals may sometimes underestimate how strictly the Portuguese legal system deals with acts of vandalism, such as graffiti or damage to infrastructure, but these actions can lead to imprisonment and heavy fines.
• Public Nudity: Any form of public nudity or inappropriate behaviour, which sometimes occurs during stag parties, can lead to arrest. This has become more strictly enforced in areas like the "Oura Strip" in Albufeira, where several incidents of public nudity caused outrage amongst local residents.
• Verbal sexual abuse: Street harassment is a crime carrying the potential for a fine and a prison sentence.

Giambrone & Partners criminal lawyers strongly recommend that if you have been arrested in Portugal you should be cooperative and calm, resisting arrest or aggressive abusive behaviour will only worsen the situation regardless of whether you believe you have been unfairly arrested.  Request the assistance of an English speaking lawyer and contact the British Embassy or Consulate.  Under Portuguese law, detainees must be presented before a judge within 48 hours of arrest. At this court hearing, the judge will decide whether to release you or keep you in detention while your case proceeds.

Our highly experienced criminal lawyers can assist with all aspects of arrest, trial and detention.

Marco Lobato is a highly experienced lawyer with extensive experience and proficiency.  Marco has advised in a number of high-profile criminal cases and as a multi-lingual criminal defence lawyer holds particular expertise in assisting clients of various nationalities with criminal allegations in a wide range of criminal proceedings, providing judicial representation but also negotiating where possible with the relevant authorities to avoid having to appear in court.

Marco also has expertise in a wide range of commercial disputes and civil litigation matters including debt recovery where he assists the parties with negotiating settlements and provides structured payment plans. He also mediates in breach of contract matters, partnership disputes and employment law disputes to avoid lengthy court procedures and is able to establish the full range of intellectual property rights for clients. He is well regarded by his clients who recognise that his thorough understanding of their business objectives results in solution-based strategies that are effective in achieving sought-after outcomes.

Marco’s expertise further extends to assisting individuals with family law, including divorce, financial and child arrangements, prenuptial agreements, personal injury, inheritance, wills and probate, as well as assisting in the distribution of assets under the laws of succession related to intestate succession. Cross-border real estate purchases, as well as real estate disputes relating to landownership, property boundaries, easements and zoning regulations also fall under Marco’s expertise in addition to advising in associated immigration issues

16 October 2024

If you require legal assistance following arrest in Portugal please contact Marco’s clerk Bruno Diniz on BD@giambronelaw.com or please click here