Community Service in Portugal: How Did Community Service Perform Since Its Implementation in the 1982 Amendment of the Penal Code? (From Community Service: A New Option in Punishing Offenders in Europe, P 139-150, 1986, Hans-Jorg Albrecht and Wolfram Schadler, eds. -- See NCJ-116154)

• NCJ Number: 116163
• Author(s): L M O de Miranda Pereira
• Date Published: 1986
• Length: 12 pages
• Sale Source: Max-Planck-Institute Fur Auslandisches und Internationales Strafrecht
• Publication Type: Legislation/Policy Description
• Language: English
• Country: West Germany (Former)

Annotation

This paper discusses preferences for offender community service in Portuguese legislation until the penal code of 1982, community service in the code of 1982, community service as an alternative to imprisonment, and the practical application of community service orders since 1983.

Abstract

Prior to the Penal Code of 1982, work was emphasized both as a method of offender reintegration into society and as a means of economic benefit to the community. It was used frequently as a sanction for fine defaults. Under the 1982 Penal Code, community service is a non-prison penalty that can be applied to a wide range of offenses which do not carry a prison sentence of more than 3 months. The use of this sanction can be initiated by the judge, the prosecutor, or defense counsel. Work is unpaid and may be rendered to the State, to public institutions, or to private entities which benefit the public. The work cannot be performed during normal working hours, it can be a minimum of 9 hours and a maximum of 180 hours, and the offender must voluntarily agree to the order. Up to October 31, 1985, only six community service orders have been imposed. Reasons for its limited use are based in political, structural, and social factors. Also, the law itself provides impediments to its use. 12-item bibliography.