Criminal Code of the Portuguese Republic (2007, as amended 2017) (excerpts)

 

Article 132 – Aggravated Murder

1. When death is produced under circumstances that reveal a special reprehensibility or perversity, the offender shall be punished with imprisonment from 12 to 25 years.
2. The following circumstances reveal the special reprehensibility or perversity that is referred to
in the previous paragraph, namely, the circumstance that the agent:

(...)
(f) is determined by racial, religious, political hatred or based on the victim’s colour, ethnic or national origin, sex, sexual orientation or gender identity;
(...)

 

Article 145 – Aggravated assault (serious bodily harm)

1. If the offenses to the physical integrity are produced under circumstances that reveal a special reprehensibility or perversity, the offender shall be punished:

a) With a prison sentence of up to 4 years in the case of Article 143 [simple assault/bodily harm];

b) With a prison sentence of 1 to 5 years in the case of paragraph 2 of Article 144-A [preparatory acts for female genital mutilation];

c) With a prison sentence of 3 to 12 years in the case of article 144 [serious assault/grievous bodily harm] and paragraph 1 of article 144-A [female genital mutilation].2. The circumstances described in Article 132 of paragraph 2 are likely to reveal the offender’s special reprehensibility or perversity, among others.

 

Article 240 - Discrimination and incitement to hatred and violence

1 – Whoever:

a) Founds or incorporates an organisation or develops activities of organised advertisement which incite to discrimination, hate or violence against person or group of persons due to their race, colour, ethnic or national origin, ancestry, religion, sex or sexual orientation, gender identity, physical or mental disability or encourage it; or

b) Participates in the organisation or activities mentioned in the previous number or renders assistance, including their financing;

is punished with a sentence of imprisonment from one to eight years 

2 – Whoever, publicly, by any means intended for dissemination, namely through promotion, denial or gross trivialization of crimes of genocide, war or against peace and humanity:

a) provokes acts of violence against a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability;

b) defames or insults a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability;

c) threatens a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability; or

d) incites violence or hatred against a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability;

shall be punished with a prison sentence of 6 months to 5 years.

 

Article 240 - Discrimination and incitement to hatred and violence

1 - Whoever:

a) founds or establishes an organization or develops organized propaganda activities that incite to discrimination, hatred or violence against a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability, or that encourage it; or

b) participates in the organization or in the activities referred to in the previous paragraph or provides assistance, including its financing;

shall be punished with imprisonment from 1 to 8 years.

2 - Whoever, publicly, by any means intended for dissemination, namely through promotion, denial or gross trivialization of crimes of genocide, war or against peace and humanity:

a) provokes acts of violence against a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability;

b) defames or insults a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability;

c) threatens a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability; or

d) incites violence or hatred against a person or group of people because of their race, colour, ethnic or national origin, ancestry, religion, sex, sexual orientation, gender identity or physical or mental disability;

shall be punished with a prison sentence of 6 months to 5 years.