CODE OF ETHICS AND CONDUCT
Conduct in Relation to the Surrounding Community.
Occupational Health and Safety.
Gifts, Benefits and Professional Courtesies.
Corruption and Related Offenses.
Discrimination and Harassment.
Market Conduct – Customers, Suppliers, Banks, Partners and Competitors.
Conduct Regarding the Company and Its Assets.
Internal and External Communication.
Information about the Company’s Business.
Compliance with the Code of Conduct.
Message from Management
Our ethical conduct is the foundation that supports the growth and strengthening of our company – GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. All business and actions must be carried out in a fair and responsible manner from a social and environmental perspective and must ensure respect for our customers and other stakeholders.
The main purpose of this Code of Ethics and Conduct is to inform all employees, customers, suppliers and other stakeholders of the values advocated, lived and required by GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA., in order to:
- Promote within GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA., the existence and sharing of common values and standards of conduct, reinforcing a common culture;
- Promote relationships of trust between GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. and all its partners;
- Respond to the civic challenge of basing society on ethical principles;
- Establish principles and standards of action with the aim of preventing illicit conduct that constitutes the practice of acts of corruption, thus complying with Decree-Law No. 109-E/2021, of December 9, which created the National Anti-Corruption Mechanism (MENAC) and approved the General Regime for the Prevention of Corruption (RGPC);
- Take care of any conflict of interest situations.
The Code of Ethics and Conduct must be a permanent reference in internal work relations, in the way tasks must be performed and in the conduct towards society as agents of the Company. Therefore, this Code must be respected in the performance of daily actions. This Code of Conduct is applicable to all employees, directors and other partners, and also with the necessary adaptations, to partners, consultants, service providers and, in general, to third parties who act on behalf of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA. in cases where the Company may be held responsible for their actions. This Code of Conduct is an instrument that will monitor the evolution of our Company and its surroundings, which is why it may be subject to the necessary updates to fulfill its purposes.
We ask that you read this Code carefully, clarify any doubts that may arise and that you effectively use it as a valuable reference in your day-to-day activities.
Bussiness
GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA. is dedicated to the development and production of clothing for men, women and children, with special emphasis on the following items:
- Jeans, Chinos, PPT, Cargo, Bermuda shorts and Shorts.
- Jackets, Parkas, Unstructured Blazers, Bombers, Peacot, Windbreakers, Trench Coats, Vests, Padded Overcoats.
- It also produces clothing for certain sports: Skiing, Golf and Horse Riding.
We ensure the internal development and production of clothing, including modeling, as well as the activities of cutting, manufacturing, inspection/finishing, packaging and final shipping. Depending on the need, we may resort to subcontracting manufacturing, printing, embroidery, dyeing and finishing services.
The longevity and success of this company can be attributed to its continuous adaptation to the demands of the segments in which it operates without ever compromising its values.
Mission
Satisfy the needs and expectations of our customers by offering them quality products and superior value as part of our daily activities.
Vision
To strive for excellence in clothing manufacturing through commitment, integrity, creativity and teamwork.
Values
- Commitment to the values of responsibility, sustainability and transparency, translated into the provision of quality services and communicating truthfully and clearly with all internal and external partners, through the dissemination of information.
- Act with trust, honesty and integrity in accordance with laws, regulations and in an ethical manner. We are all responsible.
- All Employees and managers, when performing their duties, conduct themselves in accordance with ethical principles, ensuring compliance with rules to combat corruption and related offenses.
- Improve profitability for greater efficiency and cost control. Always strive to do better.
- Teamwork – We are committed to effective partnerships with our clients and all stakeholders. Your success is our success.
- We believe in the value of our employees as a competitive advantage. The various functions are performed in a technically appropriate manner, always with a sense of responsibility and guided by technical rigor, in accordance with the policies and standards approved by the Company..
Conduct in Relation to the Surrounding Community
Company Name and Image
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. considers its Name, Image, and Corporate Reputation to be its most important assets.
As a result:
- All employees must ensure that their use does not damage the company’s image and reputation;
- No employee may use the name GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. for purposes other than those permitted by the company.
Personal Data
Employees who become aware of or have access to personal data related to individuals are required to respect the Privacy Policy and the legal provisions on data protection. Such data may only be used for legally required purposes or those inherent to their job functions.
Work Environment
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. expects cordiality, trust, respect, and dignified and honest conduct in relations among its employees, regardless of hierarchy, position, or role.
All management at GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. must ensure their subordinates have a work environment free from insinuations or restrictions of any kind, to avoid potential personal discomfort.
Leaders are not allowed to use their position to request personal favors or services from subordinates. Threats or any kind of harassment, including but not limited to against women, are not tolerated. Intrusion into people’s private lives, whether inside or outside the workplace, is also not allowed.
Occupational Health and Safety
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. ensures compliance with health, safety, and well-being standards in the workplace.
To that end:
- Ensures a safe and healthy work environment, taking appropriate measures to prevent work-related accidents and requires the same from its partners;
- Promotes written consultation with employees on Occupational Health and Safety matters;
- Provides regular training in this area to all company employees;
- Provides and requires partners to provide clean restrooms, access to drinking water, and, if necessary, food storage areas. It also ensures that production facilities comply with current laws and regulations to protect employees from fire hazards, accidents, and toxic substances. Ventilation, lighting, and heating systems must be suited to the work performed.
Compliance with safety rules is everyone’s responsibility. Employees must promptly inform their supervisors of any irregular situations that may compromise the safety of people, facilities, or equipment.
Working Hours
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. does not require or allow employees to work more than 40 hours per week, ensuring at least two days of rest for every 7-day period.
As for overtime (beyond 40 hours per week, unless otherwise stipulated in a collective labor agreement), GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. ensures it does not exceed 8 hours per week per employee, and only under exceptional and short-term circumstances.
Remuneration
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. pays and requires its partners to pay employees at least the legal minimum wage or the minimum stipulated for the sector, ensuring it always meets the basic needs of employees.
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. does not withhold or allow salary deductions for disciplinary reasons, and ensures that wages and other benefits are clearly and regularly communicated to employees.
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. pays and requires that wages and other payments be made in full compliance with applicable laws and that remuneration is provided in cash, by check, or by bank transfer, in a practical manner for Employees.
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. does not have or allow any false work control system or apprenticeship program to be used with the aim of avoiding the fulfillment of obligations towards Employees under the legislation and standards in force, regarding labor and social security matters.
Gifts, Benefits and Professional Courtesies
- Employees of GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. may not request, receive, or accept, for themselves or third parties, any offers, benefits, donations, compensation, or advantages that could compromise the impartiality and integrity of the performance of their duties;
- Notwithstanding the above, professional courtesies may be given and accepted, provided they are occasional, do not exceed €150.00, and are socially acceptable and in line with customs and traditions;
- Professional courtesies should not be given or accepted if such acts could be interpreted as aiming to obtain undue favor or advantage;
- Professional courtesies may be given and accepted for marketing purposes, provided they are occasional and of symbolic economic value.
Corruption and Related Offenses
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. rejects any practice of corruption, bribery, or related offense, whether active or passive, and any other unlawful conduct, strictly requiring all Employees to comply with rules and principles in all their internal relations (as well as external relations with public or private entities – as mentioned below in the section “Conduct regarding the Market – Clients, Suppliers, Banks, and Partners: Bribery and Corruption”).
Accordingly, and in compliance with Decree-Law no. 109-E/2021 of December 9, which created the National Anti-Corruption Mechanism (MENAC) and approved the General Regime for the Prevention of Corruption (RGPC), GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. adopts and implements this Code of Conduct which contains anti-corruption rules and principles, and also:
- A Corruption and Related Offenses Risk Prevention Plan;
- A Training Program;
- A Whistleblowing Channel and respective Reporting Regulation.
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. appoints the person responsible for ensuring and monitoring the implementation of the compliance program.
The interpretation and integration of concepts related to crimes of corruption and similar related offenses will be carried out in accordance with the Penal Code and applicable legislation. (See Annex I)
Training
In order to ensure that everyone knows and understands the rules set out in the Code of Conduct regarding the Anti-Corruption Policy, GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. promotes the regular organization of internal training sessions on standards and procedures related to the prevention of corruption and related offenses.
Training must be delivered by individuals with appropriate technical knowledge and be adapted to the duties performed by the respective Employees, taking into account the varying degrees of exposure to the identified risks.
Employees responsible for handling whistleblowing must possess appropriate training for receiving and handling such reports.
Internal Whistleblowing Channel
GRANTEX – FABRICA DE CONFECÇÕES DE VESTUÁRIO LDA. has an internal whistleblowing channel, accessible via its website, which receives and follows up on reports of acts of corruption and related offenses, in accordance with the provisions set forth in the Reporting Regulation.
Employees responsible for handling reports must carry out their duties with the highest level of rigor, independence, and respect for the confidentiality and protection of the data of the whistleblower and other third parties.
Third Party Recruitment
The contracting of third parties must be preceded by a legitimate need for the goods or services to be acquired. The contracting of third parties must result from an impartial, transparent procedure and be accompanied by an analysis of the level of exposure to the risk of corruption.
Contracted third parties accept this Code of Conduct of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA.
Conflict of interest
Employees of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA. cannot negotiate on their own behalf or in competition with the company.
For the purposes of this Code of Conduct, it is considered that:
- A conflict of interest exists whenever an Employee of GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. has a personal or private interest in a given matter that may influence, or appear to influence, the impartial and objective performance of their duties;
- A personal or private interest is understood as any potential advantage for the employee, their spouse or person with whom they live in a relationship similar to marriage, a relative or in-law, as well as for their circle of friends and acquaintances.
Employees who, in the course of their duties, find themselves in a situation that may constitute a conflict of interest must inform management and refrain from performing any act or making any decision in relation to which the conflict arises.
In the event of a conflict of interest, it is up to management to determine that the activity be carried out by another employee, or alternatively to allow the involvement of the affected employee under supervision.
Work-Life Balance
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. believes that the full development of its employees is beneficial both to them and to the company, and therefore encourages measures aimed at achieving a balance between their family/personal and professional responsibilities.
Consequently, all employees must respect each other’s private lives and ensure that everyone can benefit from the work-life balance measures established by the company.
Equal Opportunities
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. is committed to treating all employees fairly and without bias, regarding gender, race, nationality, religion, disability, age, sexual orientation, job level, or affiliation (or not) with unions and employee associations.
Respect for Diversity
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. is committed to valuing diversity, recognizing that people with different backgrounds and experiences can bring added value to the organization that contributes to the overall improvement of company performance.
Forced and/or Child Labor
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. does not tolerate, allow, support, or conduct business involving the use of forced and/or child labor, the sexual exploitation of children and adolescents, or human trafficking in any process related to the company’s activities and those of its suppliers.
Discrimination and Harassment
Moral or sexual harassment are unacceptable practices in a respectful and dignified work environment and will not be tolerated.
Acts of intimidation, offense, or aggression carried out by employees, while performing their duties or within the Organization’s premises, whether against colleagues or individuals not directly associated with GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. (customers, suppliers, authorities, members of the community, etc.), will be punished in accordance with the law and internal regulations.
If an employee considers themselves a victim of any such misconduct or becomes aware of someone who has experienced such a situation, they must inform their immediate supervisor and Management.
Mistreatment
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. and its suppliers must treat their employees with dignity and respect. Under no circumstances shall physical punishment, sexual or racial harassment, verbal abuse, abuse of power, or any other form of harassment or intimidation be allowed.
Union Activities
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. guarantees that all its employees, without distinction, have the right to association, union membership, and collective bargaining.
Employee representatives are protected from any kind of discrimination and are free to perform their representative duties in the workplace.
Political Activities
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. does not engage in political activities, and any employee wishing to participate in such activities must do so individually, without involving the name or resources of the company, other employees, or business units with any candidate or party. Political activities conducted by employees must take place outside the workplace and outside working hours.
Environment
GRANTEX-FÁBRICA DE CONFECÇÕES DE VESTUÁRIO LDA. respects and demands the protection of the environment through the development of processes and the use of products with reduced environmental impact, as well as through efficient resource use and pollution prevention measures.
Retaliation
Any form of retaliation, directly or indirectly, against those who in good faith report a breach or well-founded suspicion of a breach of this Code of Conduct or legal standards, is strictly prohibited.
Conduct Regarding the Market – Customers, Suppliers, Banks, Partners, and Competitors
Confidentiality
GRANTEX – CLOTHING MANUFACTURING COMPANY LTD. and its employees are committed to maintaining the confidentiality of information received from clients and business partners. Trust is one of the foundations of the company’s relationship with the market.
Transparency
GRANTEX – CLOTHING MANUFACTURING COMPANY LTD. assumes the responsibility of providing clear and comprehensive information about the group’s activities, achievements, policies, and performance in a systematic and accessible manner.
Bribery and Corruption
Employees of GRANTEX – CLOTHING MANUFACTURING COMPANY LTD. must never, either directly or through intermediaries, offer or promise any type of improper personal or financial advantage to obtain or maintain business or other advantages from a third party, whether in the public or private sector. They must also not accept any advantages in exchange for any preferential treatment from a third party, in accordance with the other rules established in this code.
Furthermore, employees must avoid any activity or behavior that may in any way create the appearance or suspicion of improper conduct or attempted misconduct.
Employees must be aware that offering or giving improper benefits to influence a third party’s decision, even if that party is not a government member or part of any public authority, may lead not only to disciplinary sanctions but also result in criminal charges.
Donations and Sponsorships
Sponsorships and donations are permitted provided they are made in a transparent, rigorous, and consistent manner.
The granting of donations and sponsorships must ensure that it does not hide the intention of exerting any undue influence over the beneficiary.
Quality and Innovation
GRANTEX – CLOTHING MANUFACTURING COMPANY LTD. assumes the responsibility to guarantee the quality of its products and to continuously invest in the improvement of its employees and the company.
Customer Service
In addition to ensuring the quality of its products, GRANTEX – CLOTHING MANUFACTURING COMPANY LTD. is committed to always serving its customers and suppliers with efficiency, promptness, politeness, and transparency. When a customer or supplier cannot be served, this must be clearly expressed and unequivocally and respectfully justified.
Competition
GRANTEX – CLOTHING MANUFACTURING COMPANY LTD. respects its competitors and seeks to outperform them in a healthy manner by offering customers products and solutions with a distinctive cost-benefit ratio. Behaviors that may be considered slander or defamation of competitors are not allowed.
Purchases and Contracts
The relationship with suppliers and other partners must always be guided by the pursuit of quality, an adequate cost-benefit ratio, technical and financial reliability, and integrity in negotiations, with regard to legislation, the environment, and commercial, social, and contractual rights.
Conduct Related to Media
GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. considers it legitimate for the public to have the right to be informed about matters of public interest, even when related to a private company, and views the role of the press as obtaining and disclosing such information. Furthermore, it believes that a free, independent, and impartial press contributes to the improvement of the market, the democratic state, and citizenship.
For this reason, GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. condemns the use of economic power as a means of constraining the press or inducing it to disseminate false information.
GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. recognizes the importance of the press in shaping the Organization’s public image and seeks to provide information or respond to requests when appropriate, while reserving the right not to comment on matters contrary to its interests or to maintain confidentiality over strategic information.
Only employees designated as spokespersons are authorized to speak on behalf of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. If an employee is approached to provide information, write articles, or give interviews and statements on behalf of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. to any media outlet, they must inform Management.
Conduct Related to the Company and its Assets
Each employee is responsible for safeguarding and correctly using the assets and resources of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. entrusted to them in the course of their duties, directly or indirectly. The same applies to assets belonging to clients, suppliers, and partners used in the company’s operations.
These assets and resources must not be used for personal benefit unless expressly authorized. These include real estate, equipment, facilities, business plans, technical and market information, software, models, work documents, and others belonging to the company.
The misappropriation or improper use of any of these assets, including copying, selling, or distributing them to third parties, are serious offenses that may lead to disciplinary or criminal sanctions.
Internal and External Communication
The use of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA.’s communication equipment and tools (telephone, email, internet, and others) for personal communication and contacts should be limited to what is necessary. The internet must not be used to transmit or receive offensive, aggressive, pornographic information, or content related to political, religious, or other positions, according to internal regulations on the subject.
Business Information
Information must be disclosed internally and externally only by those authorized to do so and in an accurate, objective, and appropriate manner. Each employee is responsible for safeguarding the information they hold and must report to their supervisor any situation that may appear unusual or incompatible with the company’s values.
False, slanderous, or malicious statements about colleagues, GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA., its business, partners, suppliers, and/or clients may be subject to disciplinary or criminal sanctions.
Accounting and Other Records
Records must be prepared and monitored by those directly responsible, in accordance with legal, tax, and internal rules. Entries and records are available to control, auditing departments, and legal authorities.
Privileged Information
Employees who gain access to non-public information must keep it confidential, even after leaving GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. The use of privileged information for personal or third-party benefit is a crime, subject to disciplinary and criminal sanctions.
Work Documents
Work documents, reports, correspondence, and other materials used by employees in their work are the property of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. and may not be taken or copied when the employee leaves the company.
Compliance with the Code of Conduct
Internal
The principles and conduct criteria contained in this Code of Conduct are mandatory.
Any employee who has questions about applying the Code, or who observes or becomes aware of a situation that may indicate non-compliance or a violation of any of the principles and standards of conduct established herein, must report it to Management. Management will act within its responsibilities to resolve complaints regarding breaches of this Code.
Management will act with complete independence and full respect for the individuals involved, always ensuring confidentiality in handling reports and inquiries.
All employees must cooperate in investigations regarding potential violations of the Code.
GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. guarantees that there will be no retaliation for any report of non-compliance with the Code of Conduct, nor for participation in any investigation. Failure to comply with any of the conduct criteria outlined in this Code will be sanctioned under the current disciplinary regime, without prejudice to any other responsibilities incurred by the violator.
Suppliers and Partners
Suppliers and Partners commit to fully adopting the obligations arising from the Code of Conduct of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. within their Organization.
All GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. business partners/suppliers are responsible for informing their employees and subcontractors about the contents of the GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. code and ensuring its compliance. They also commit to acting in good faith.
Retaliation
Any form of retaliation, whether direct or indirect, against anyone who in good faith reports a breach or well-founded suspicion of a breach of this Code of Conduct or legal regulations, is strictly prohibited.
Non-Compliance
Failure to comply with the provisions of this Code of Conduct, once the legal requirements are verified, will result in disciplinary and/or criminal liability.
Failure to comply with the rules contained in this Code of Conduct by any Employee will be considered a serious infraction, which, depending on the degree of fault of the offender and the severity of the infraction, may lead to the application of the following disciplinary sanctions, which may be applied with or without disclosure within the company:
a. Unregistered reprimand;
b. Registered reprimand;
c. Pecuniary sanction;
d. Loss of vacation days;
e. Suspension from work with loss of pay and seniority;
f. Dismissal with just cause.
Failure to comply with the rules contained in this Policy by Partners and other third parties may constitute grounds for the application of penalties and/or termination of the contract, in a manner appropriate and proportional to the infraction.
ANNEX I
| Infractions within the scope of RGPC | |
| Type of Infraction | Legal Provision, Statutory Basis, and Associated Sanction (this document does not exempt consultation of applicable legislation and regulation) |
| Corruption | Undue receipt of advantage – Art. 372.º CP “1 – The official who, in the exercise of their functions or because of them, by themselves or through an intermediary, with their consent or ratification, solicits or accepts, for themselves or for a third party, a patrimonial or non-patrimonial advantage not due to them, shall be punished with imprisonment up to five years or a fine up to 600 days. 2 – Whoever, by themselves or through an intermediary, with their consent or ratification, gives or promises to an official, or to a third party indicated or known by the official, a patrimonial or non-patrimonial advantage not due to them, in the exercise of their functions or because of them, shall be punished with imprisonment up to three years or a fine up to 360 days. 3 – Socially appropriate conduct and conforming to customs and usages are excluded from the preceding paragraphs.” |
| Passive corruption – Art. 373.º CP “1 – The official who, by themselves or through an intermediary, with their consent or ratification, solicits or accepts, for themselves or for a third party, a patrimonial or non-patrimonial advantage, or its promise, for the practice of any act or omission contrary to the duties of the office, even if prior to that solicitation or acceptance, shall be punished with imprisonment from one to eight years. 2 – If the act or omission is not contrary to the duties of the office and the advantage is not due to them, the agent shall be punished with imprisonment from one to five years.” | |
| Active corruption – Art. 374.º CP “1 – Whoever, by themselves or through an intermediary, with their consent or ratification, gives or promises to an official, or to a third party indicated or known by the official, a patrimonial or non-patrimonial advantage with the purpose indicated in paragraph 1 of article 373.º, shall be punished with imprisonment from one to five years. 2 – If the purpose is that indicated in paragraph 2 of article 373.º, the agent shall be punished with imprisonment up to three years or a fine up to 360 days. 3 – Attempt is punishable.” Active corruption with prejudice to international trade – Art. 7.º of Law no. 20/2008, of April 21 “Whoever, by themselves or through an intermediary, with their consent or ratification, gives or promises to an official, national, foreign or of an international organization, or to a holder of a political office, national or foreign, or to a third party aware of them, a patrimonial or non-patrimonial advantage not due to them, to obtain or retain a business, contract or other undue advantage in international trade, shall be punished with imprisonment from one to eight years.” Passive corruption in the private sector – Art. 8.º of Law no. 20/2008, of April 21 “1 – A private sector worker who, by themselves or through an intermediary, with their consent or ratification, solicits or accepts, for themselves or for a third party, without due cause, a patrimonial or non-patrimonial advantage, or its promise, for any act or omission that constitutes a breach of their functional duties, shall be punished with imprisonment up to five years or a fine up to 600 days. 2 – If the act or omission referred to in the previous number is capable of causing distortion of competition or patrimonial damage to third parties, the agent shall be punished with imprisonment from one to eight years. Active corruption in the private sector – Art. 9.º of Law no. 20/2008, of April 21 “1 – Whoever, by themselves or through an intermediary, with their consent or ratification, gives or promises to the person referred to in the previous article, or to a third party aware of them, a patrimonial or non-patrimonial advantage not due to them, to pursue the purpose indicated therein, shall be punished with imprisonment up to three years or a fine. 2 – If the conduct referred to in the previous number aims to obtain or is capable of causing distortion of competition or patrimonial damage to third parties, the agent shall be punished with imprisonment up to five years or a fine up to 600 days. 3 – Attempt is punishable.” | |
| Related Infractions | Influence peddling – Art. 335.º CP “1 – Whoever, by themselves or through an intermediary, with their consent or ratification, solicits or accepts, for themselves or for a third party, a patrimonial or non-patrimonial advantage, or its promise, to abuse their real or supposed influence with any public entity, national or foreign, shall be punished: a) With imprisonment from 1 to 5 years, unless a harsher penalty applies by law, if the purpose is to obtain an illicit favorable decision; b) With imprisonment up to 3 years or a fine, unless a harsher penalty applies by law, if the purpose is to obtain a lawful favorable decision. 2 – Whoever, by themselves or through an intermediary, with their consent or ratification, gives or promises a patrimonial or non-patrimonial advantage to the persons referred to in the previous number: a) For the purposes provided in letter a), shall be punished with imprisonment up to 3 years or a fine; b) For the purposes provided in letter b), shall be punished with imprisonment up to 2 years or a fine up to 240 days. (…)” |
| Usurpation of functions – Art. 358.º CP “Who: a) Without authorization, exercises functions or performs acts proper to a public official, military command, or public security force, arrogating, expressly or tacitly, that status; b) Exercises a profession or performs an act requiring legal qualifications or conditions, arrogating, expressly or tacitly, possession thereof when not possessed; c) Continues in public service after official notification of dismissal or suspension; shall be punished with imprisonment up to 2 years or a fine up to 240 days.” Bribery – Art. 363.º CP “Who convinces or tries to convince another person to commit a crime punishable by law, promising them a patrimonial or non-patrimonial advantage, shall be punished with imprisonment up to 3 years or a fine up to 360 days.” | |
| Misappropriation – Art. 375.º CP “1 – The official who, abusing their functions or with the purpose of enriching themselves or others, unlawfully appropriates movable property, money, securities or other goods, shall be punished with imprisonment from 1 to 8 years. 2 – If the facts constitute the crime of embezzlement by negligence, the punishment is imprisonment up to 1 year or a fine up to 120 days.” | |
| Embezzlement by negligence – Art. 376.º CP “Whoever: a) Negligently appropriates movable property, money, securities or other goods; b) Negligently causes patrimonial damage to another by failure to comply with the duties of the office, the public trust or the contract; c) Omits acts to the detriment of the patrimony, with the intention of benefiting themselves or others; d) Negligently delays the delivery of movable property, money, securities or other goods; shall be punished with imprisonment up to 1 year or a fine up to 120 days.” | |
| Money laundering – Art. 3.º of Law no. 5/2002, of February 11 “1 – Whoever, knowing the illicit origin of assets, directly or indirectly acquires, possesses or uses them, shall be punished with imprisonment from 3 to 12 years. 2 – The penalties provided for in the previous paragraph shall also apply to whoever, with the purpose of concealing or disguising the illicit origin of assets, conceals or disguises their true nature, source, location, movement or ownership, or assists in such acts.” | |
| Concealment and concealment of assets – Art. 4.º of Law no. 5/2002, of February 11 “Whoever, knowing the illicit origin of assets, directly or indirectly acquires, possesses or uses them, shall be punished with imprisonment from 3 to 12 years.” | |
| Criminal organization – Art. 2.º of Law no. 5/2002, of February 11 “Whoever promotes, constitutes, integrates or finances a criminal organization shall be punished with imprisonment from 2 to 8 years.” | |
Lousada, November 2023