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Offence to Physical Integrity
Understand the different degrees of physical harm, the impact on mental health and the legal deadlines for complaints.
What is it?
The offence of bodily injury is divided into several categories which can be simple, grave, qualified, privileged or by negligence.
- Article 143º of the Penal Code
Offence to Simple Physical Integrity
It consists of offending the victim's body or health – it covers mild or moderate injuries.
- Article 148º of the Penal Code
Offence to Physical Integrity by Neglect
It consists of an offence against the bodyor the healthof the victim by negligence, i.e. resulting from a reckless or negligent act.
ExampleA caregiver leaves home for a few minutes and upon returning, notices that the child he was caring for has been injured.
Harm to Severe Physical Integrity
Cause permanent consequencesor high riskfor the victim that:
- Deprives an important organ or member, or seriously and permanently disfigures it
- Severely removes or affects the ability to work, intellectual abilities, procreation or sexual enjoyment, or the ability to use the body, senses or language
- Causes particularly painful or permanent illness or severe or incurable psychic anomaly
- Causes danger to life
- Article 145º of the Penal Code
Offence to Qualified Physical Integrity
It consists of the offence committed in circumstances of special censorship or perversity of the offender. This includes situations where those who commit the crime, for example, do so:
- motivated by reasons of racial, religious, political hatred, or generated by the victim’s colour, ethnic or national origin, sex, sexual orientation or gender identity; or
- together with two or more persons; or
- Acting coolly/premeditation; or
- practising the act against a person who is particularly vulnerable because of age, disability, illness or pregnancy; or
- employing torture or cruelty to increase the suffering of the victim.
- Article 146º of the Penal Code
Offence to Privileged Physical Integrity
It is that practiced under the effectof strong emotions such as fear, dor, compassion or despair, which decrease the guilt of the perpetrator.
How does the victim feel?
The suffering of the victim of a crime against their physical integrity goes beyond injuries that are visible – violence can leave deep marks on their mental and emotional health.
- Short term
The victim may feel fear and terror, a feeling of impotence, and shame and guilt.
- Long term
You may experience flashbacks or intrusive aggression memories, recurring nightmares, constant fear and hypervigilance, anxiety and depression, and self-esteem problems.
The victim may feel socially isolated and have sleep and food problems and difficulties at work or school.
What to do?
Different criminal proceedings are applied to the different legal types of offences of bodily harm, so it is need to understand which type is concerned.
- Semi-public crime
Offence to Simple Physical Integrity / Neglect
The criminal procedure depends on the reporting by the victim, which can be filed at any police station of PSP, GNR, PJ or directly at the Public Prosecutor's Office.
Limit Complaint Time: The victim has six months. If the right to lodge a complaint is exceeded, it ceases to exist and can no longer act.
No lawyer is required to file a complaint. If the victim wishes, he can hire one. If you do not have economic means, you can make an Application for Legal Aid in Social Security for free support. - Public crime
Harm to Severe Physical Integrity
The initiation of criminal proceedings depends neither on the filing of a complaint nor on a private accusation.
The process starts by the Public Prosecutor's Office which will investigate as soon as it becomes aware of the crime, whether by means of a report, self-knowledge or through the PSP, GNR and PJ.
In other words, anyone can and should report the situation or the suspicion that it has occurred, and the investigation will continue.
The investigation is automatic and independent of the victim's formal willingness to initiate criminal proceedings.
- Procedure for Offending Qualified Physical IntegrityIt depends on the type of basic crime, i.e. whether it is simple bodily harm or grave (as above).
- Procedure for Offending Privileged Physical IntegrityIt depends on the type of basic crime, i.e. whether it is simple bodily harm or grave (as above).
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.