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Injury and Defamation
Understand the crimes against honor, the psychological impact on the victim, and the legal steps for complaint.
What is it?
Crimes against honour and reputation are defined in the Criminal Code, divided into two main situations based on the presence of the victim.
- Article 181º of the Penal Code
Injury
It consists of the action of a person who, in the presence of the victim, accuses them of facts or utters words that reach their honor or reputation.
- Article 180º of the Penal Code
Defamation
It consists of the action of a person who, in front of other people and without the victim being present, accuses the victim of facts or utters words that harm his honor or reputation.
Both are crimes.
How does the victim feel?
injury or defamation may feel humiliated, shameful, insecure, isolada and anxious.
There may be a loss of reputation, a social isolation and a distrust of others that impact the victim's life.
What to do?
How the Criminal Procedure Works
The criminal proceedings initiated by for injury or for defamation start with a complaint carried out only by the victim or by those legally representing the victim, which can be submitted to any premises of the Public Security Police (PSP), the Republican National Guard (GNR) or the Judicial Police (PJ), or directly to the Public Prosecution Service, receiving, without the need for a request, an proof of the record of the complaint.
Limit Complaint Time: The victim has six months from the date on which the victim became aware of the injury and/or defamation and its perpetrator(s) – this time limit is important because, if exceeded, the victim’s right to file a complaint is extinguished and the victim can no longer act.
Submission of the Complaint
There is no need to appoint a lawyer to file a complaint. If it is the will of the victim, you can freely hire a lawyer.
If you do not have sufficient financial means, you can make an Application for Legal Aid with any Social Security service for free exemption from costs.
Private prosecution
In the second stage of the process, for submitting the private prosecution, the victim needs to be constituting assistant.
At this stage, it is mandatory a presence of a lawyer so that the case can continue and come to trial.
Therefore, the victim of injury or defamation does not need to appoint a lawyer to file the complaint, but needs to do so when filing the private accusation.
For more information about the rights of the victim of crime, you can consult the website infovitimas.pt.
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.