Portugal

The Portuguese Penal Code General Part (Articles 1-130)

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER II-FORMS OF CRIME

Article 28
Illicitude in participation

1. If illicitude or the degree of illicitude of the act depends on certain qualities or special relations of the agent, to make the respective penalty applicable to all participants it is enough that these qualities or relations occur in any of them, except if the incriminatory rule is different.

2. Whenever owing to the rule provided for in the previous number it results in a more severe penalty for some of the comparticipants, this may be substituted, in consideration of the circumstances of the case, for the one that would occur if that rule did not intervene.


Article 29
Guilt in participation

Each participant is punished according to his guilt, regardless of the punishment or degree of guilt concerning the other participants.

Keywords

Determination of sentence - national proceedings



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