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Corruption
Understand corruption practices, official reporting channels, and how to receive confidential support.
What is it?
Corruption is a phenomenon that threatens democratic states under the rule of law, undermining the institutions and values of democracy, ethical values and justice, as well as, in the case of corruption in the public sector, the relationship of trust between citizens and citizens and public entities.
Below you will find information to better understand this phenomenon, what are the indicators of your practice and how it can be reported.
Corruption is when someone in a dominant position agrees to receive an undue advantage in exchange for a stance or favor. Promise or bribery, as an attribution of undue advantage, is an essential element of the crime.
The Portuguese Criminal Code provides for the crime of corruption in the exercise of public functions.
This crime involves the combination of the following factors:
- an action or omission in breach of duty;
- a position of permeability or the performance of a lawful or unlawful act as a favour;
- an undue advantage to the person and/or a third party.
Corruption, such as the crime of improper receipt or offering of advantage, may be linked to other crimes provided for in the Law, namely: harmful administration; forgery by an official; trading in influence; personal favouring by an official; bleaching; denial of justice and wrongdoing; embezzlement; use peculate; economic participation in business; concussion; abuse of power.
Types of corruption
Although corruption in the public sector is highlighted, acts of corruption can take place in various sectors of activity, including:
Private Sector
Activity of private sector entities
International
Cross-border international trade
Sports Activity
Official competitions and events
We can therefore talk about different types of corruption:
The crime is committed by a public official who requests or agrees to receive an advantage, for himself or for a third party, to make himself available or to perform or omit certain acts in the performance of his duties. Passive corruption may be for a lawful act, when the act, with a view to the commission of the crime, is not contrary to the Law or, in opposition, for an unlawful act, when the act, with a view to the commission of the crime, is contrary to the Law.
Who's the victim?
Corruption, due to its structure and dynamics, falls within the range of crimes commonly known as “crimes without victims”, which is wrongly attributed to it, as is not actually a crime without victims.
Corruption is responsible for widespread damage and affects, directly and indirectly, institutions - public and private -, communities and citizens.
The collective damage caused by corruption translates into financial losses, as well as other losses, such as the degradation of trust in institutions and the loss of socio-economic opportunities, harming compliant citizens and the economic fabric.
Corruption indicators
Although detection can be difficult, there are indicators and behaviours that can indicate its practice, helping in the identification of corruption situations. Some of these indicators and behaviors are:
payments which are unusual, or for which unjustified urgency is required, or made before the due date;
payments made through countries or entities other than those which provided the goods or services;
payment or making available of funds for high-value expenditure on behalf of third parties;
receiving unjustified gifts or donations;
approval of non-rational or economically unfavourable transactions or business for the organisation to which it belongs;
abuse of powers or decision-making powers in certain cases;
non-compliance with laws, rules or guidelines of the bodies for certain operations;
failure to document meetings, operations or decisions concerning certain choices;
taking unexpected, unjustified or unsubstantiated decisions;
unexplained preference for certain companies or agents;
taking action in relation to certain operations for which it does not have the necessary and required level of knowledge or expertise and/or which do not fall within its competence.
There are <a>guarantees</a> established by law for employees of the public administration and companies in the state business sector who, in the face of conduct such as previous or other, report the facts of which they become aware in the exercise of their duties or because of them.
Impact and Prevention
What is the impact?
Corruption:
- •contributes to the loss of trust in institutions;
- •favours inefficiency and legal, political, social and economic bureaucracy;
- •undermines the quality of public services;
- •contributes to weakening the foundations of the economy, democracy and justice;
- •hinders socio-economic development;
- •It contributes to increasing injustice and social inequality.
Corruption can also undermine the protection of basic human rights and the well-being of individuals, families, communities and societies, and decrease the quality of life. It can also contribute to increased criminal activity and organised crime in the community when it is not prevented and combated.
Preventing Corruption
There are a number of measures in key areas that can help in the fight against corruption, including:
Education
- establish and implement anti-corruption literacy plans in different areas of society, including in school settings;
- inform and raise awareness among managers and employees on corruption prevention and organisational integrity practices;
Organisational culture
- Develop a robust organisational environment that values the prevention and mitigation of corruption-related risks, promoting transparency, integrity and accountability;
Regulation
- establish action plans, codes of conduct and ethics that can help identify and mitigate risks and avoid situations that could represent conflicts of interest;
- define clear sanctions to deter involvement in corrupt behaviour;
Complaint
- facilitate reporting, whether by managers, employees, suppliers or customers, and put in place secure ways or mechanisms for this purpose, including reporting channels.
Reporting corruption
Corruption is a public crime.
For report of possible corrupt practices, recourse may be had to:
- •criminal police bodies (such as the Judiciary Police, the Public Security Police and the Republican National Guard) and the Public Prosecutor’s Office;
- •the reporting channels of institutions/organisations in which corruption practices have been observed, provided that they are covered by the General Regime for the Protection of Whistleblowers of Infringements (RGPDI);
- •To National Anti-Corruption Mechanism (MENAC), via the complaints channel made available.
APAV also provides a reporting channel here.
You can also consult the Corruption Risk Management Plan of APAV.
Whistleblower guarantees and witness protection
The General Regime for the Protection of Whistleblowers of Infringements (RGPDI), established by Law No.º 93/2021, of 20 December, presents a set of guarantees for the protection of whistleblowers of breaches of European Union law, including:
Warranties for Whistleblowers
- •the right to anonymity, except for investigators, until the charge is brought;
- •the prohibition of the non-voluntary transfer of the employee;
- •after the indictment has been lodged, the right to be transferred, without the possibility of being refused the requested transfer;
- •The imposition of a disciplinary penalty on the worker, up to one year after his or her complaint, shall be presumed to be abusive.
Witness Protection
Once the respective legal conditions have been met, the reporting person may benefit as a witness from witness protection measures:
- •Points of protection, namely: indication in the proceedings of residence other than habitual residence; change in the physical location of the habitual residence; transport by official car to intervene in a procedural document; provision of a safe and secure location on the judicial or police premises to which he or she has to go; police protection;
- •Non-disclosure of witness identity: concealment of the witness; distortion of voice (or image and voice) in teleconference hearing; special security programs.
More detailed information on this can be found in the dossier thematic on Corruption of the Directorate-General for Justice Policy (DGPJ) and in the Support to Citizen section of the Public Prosecutor's Office.
What support is available?
Portuguese Association for Victim Support (APAV) is a private social solidarity institution that provides information, protection and emotional, psychological, legal and social support to all victims of crime, their families and friends.
Free and Confidential Support
Those who contact us do not need to identify themselves (for example, they do not need to say their name and where they live).
APAV has <a>proximity services</a> spread over several regions of the country. In them, victims have at their disposal a set of Victim Support Techniques, properly trained and prepared, which can advise, support and respond to doubts and concerns.
Means of Contact
- Connect 116 006
Telephone Support
Victim Support Line
Telephonely, call the free number 116 006 (working hours from 08:00 to 23:00).
- Send E-mail
Contact Written
Rapid response
In writing, please email lav@apav.pt – our professionals will reply as soon as possible.
- See Proximity Services
In-person support
Proximity Services
In person, at one of our Proximity Services. Find the location closest to you.