1.1 Yes and they are established by Law. There is a formal definition in the Code of Criminal Procedure (Article 67.º-A). A "victim of crime "means a natural person who has suffered damage, including an assault on his or her physical or mental integrity, emotional or moral damage, or property damage, directly caused by action or omission, in the context of the commission of a crime".

There is no legal definition of witness in the Code of Criminal Procedure. However, in the specific legal regime for the application of measures to protect witnesses in criminal proceedings (Law no. 93/99, of 14/7), there is a legal definition of witness for the purposes of that law.

The concept identifies "any person who, whatever his status under procedural law, has the information or knowledge necessary for the disclosure, perception or assessment of facts that are the subject of the proceedings" (Article 2 (a));

1.2 Yes. In the Portuguese legal system there are the following legal regimes that regulate the specific treatment for victims of crime.

The Code of Criminal Procedure and the Statute of the Victim (Law no. 130/2015, of 4/9) apply to victims of any crime.

Law no. 112/2009, of 16/9 applies to victims of domestic violence.

In addition to these three concrete regimes, the witness protection law is applicable to all witnesses and victims of crimes of trafficking in human beings, criminal association, terrorism, international terrorism or terrorist organizations or, provided they are punishable with imprisonment of a maximum of eight years or more, to crimes against life, against physical integrity, against the freedom of individuals, against sexual freedom or sexual self-determination, of corruption, of qualified swindling, of harmful administration. For victims of human trafficking, there are separate legal provisions that allow for flexibility measures aiming at granting them a residence permit (DL n.º 368/2007, de 5/11).

1.3 Yes. In the Code of Criminal Procedure, a particularly vulnerable victim is “a victim whose particular weakness is due, namely, to his or her age, health or disability, and the type, degree and duration of the victimization has resulted in injuries with serious consequences in their psychological balance or in the conditions of their social integration”.

The Witness Protection Act also defines who especially vulnerable witnesses are. The particular vulnerability of the witness may result, in particular, from his or her youth or advanced age, health status or the fact that he or she has to give evidence or make any statements against a person of his or her own family or of a closed social group in which he or she is placed in a condition of subordination or dependency.

2.1 Yes.

2.2 They are established in the law. In the Code of Criminal Procedure, Code on the execution of sanctions and enforcement of measures involving deprivation of liberty (Law n.º 115/2009, de 12710),  Statute of the Victim (Law n.º 130/2015, of 4/9) and the specific legal regime concerning measures to protect witnesses in criminal proceedings (Law n.º 93/99, of 14/7).

2.3 In addition to the procedural intervention as an assistant, which guarantees the right of the victim (including the particularly vulnerable ones) of any crime to participate in the investigation, by providing evidence, requiring diligence and lodging an appeal, in the position of collaborator of the Public Prosecution Service, several laws enshrine in various norms the direct or indirect intervention of the victim, the defense of their interests and rights.

Concerning the right to information:

        A) on the possibility of requiring compensation for damages and on the formalities to be complied with (Article 75 of the Code of Criminal Procedure);

        B) on the date of release of the accused person subject to pre-trial detention, when this release could entail danger (Article 217, paragraph 3 of the Code of Criminal Procedure);

        C) on the release of the agent, when the judge considers that there is a danger to the victim, this release being also reported to the police entity in the victim's area of ​​residence (article 23, paragraph 3 – Code for Execution of Sanctions);

        D) on the escape or unauthorized absence of the agent (article 97, paragraph 3 of the Code for Execution of Sanctions);

        E) on the news of a crime having been committed, whenever the Public Prosecutor has reason to believe that the victim does not know it (Article 247, paragraph 1 of the Code of Criminal Procedure);

        F) on the presentation of an anonymous complaint (the information to be given to the holder of the right of complaint) Article 246 (6) of the Code of Criminal Procedure;

Special right to compensation and compensation

        G) Reparation of the victim in special cases, when he / she has not filed a civil request and particular exigencies of protection of the victim so impose, compensation that is further obligatory in the case of especially vulnerable victims (article 82 A of the Code of Criminal Procedure and article 16 of the Victims’ Statute);

        H) The regime for granting compensation to victims of violent crime and domestic violence (Law 104/2009, of 14/9);

Other cases of special consideration of victim’s interests and rights:

        (I) Exclusion of disclosure of procedural acts in cases of trafficking in human beings or sexual offenses and for all cases in which there are particularly vulnerable victims (Article 87 (3) of the Criminal Procedure Code and Article 21 of the Statute of the Victim);

        (J) Special protection of their identity in specific cases, including in cases of particularly vulnerable victims, the disclosure of such identity by the media being prohibited without the victim’s consent, under penalty of disobedience – (Article 88 (2) © of the Code of Criminal Procedure and Article 27 of the Statute of the Victim);

        K) Assistance by a lawyer who has to inform him of his/her rights, whenever he/she gives evidence, which is extended to all witnesses who are not victims of crime – (Article 132 (4) of the Code of Criminal Procedure);

        L) Possibility of limiting the communication to the defendant of the elements of the case, whenever this communication is liable to create danger for the victim (Article 141, paragraph 4, letter b), of the Code of Criminal Procedure;

        M) Possibility of interception and recording of communications, through their actual or presumed consent (Article 187, paragraph 4, letter c), of the Code of Criminal Procedure);

        (N) Provision of forward-looking statements for victims of certain crimes (trafficking in human beings, domestic violence, sexual crimes) and for especially vulnerable victims – (Article 271 (1) of the Code of Criminal Procedure and 21. of the Victims’ Statute);

        O) The right of victims who are particularly vulnerable to being accompanied by a specially qualified technician in certain procedural acts, such as declarations for future memory (Article 271 (4) of the Code of Criminal Procedure)

        P) Possibility of influencing the procedure in case of domestic violence, requiring its provisional suspension – Article 281 (7) of the Code of Criminal Procedure;

        (Q) The victim has the right to be heard in an informal and reserved environment, and appropriate conditions must be created to prevent secondary victimization and to avoid any pressure (Article 17 (1) of the Victim’s Statute);

        (R) For particularly vulnerable victims, the following measures of protection exist:

        a) The victim’s inquiries must be carried out by the same person, if the victim so wishes, and provided that the criminal proceedings are not jeopardized;

        b) The examination of victims of sexual violence, gender-based violence or violence in intimate relations, unless it is done by a Public Prosecutor or by a judge, must be carried out by a person of the same sex as the victim, if he/she so wishes, as long as the criminal proceedings are not jeopardized;

        c) measures to prevent visual contact between victims and defendants, namely when giving evidence, through appropriate technological means (Article 21 of the Victims’ Statute);

        S) All witnesses in any criminal proceedings have the right to refuse to give evidence, when they are descendants, ascendants, siblings, are in the same line up to the second degree, adopters, adoptees or spouse of the accused, or when being of the other or of the same sex, has lived with him or her in circumstances similar to those of the spouses, in relation to facts that occurred during the marriage or cohabitation (Article 134 (1) (a) and (b) of the Code of Criminal Procedure);

        (T) Certain witnesses have the right not to give evidence if the facts are covered by professional or religious secrecy (Article 135 of the Code of Criminal Procedure);

2.4 Victims, including those who are particularly vulnerable and witnesses are informed of their rights by criminal police officers, court officials, prosecutors and judges throughout the proceedings.

It is a question of putting into practice the legal and formally foreseen mechanisms.

There are also other mechanisms, non-formal, through institutional publicity and, simultaneously, through websites of governmental and non-governmental organizations that make this disclosure.

There is free access to complete information on this subject.

2.5 It depends. There are procedural consequences, such as the nullity of the act and the evidence acquired.

There are also criminal, civil and disciplinary responsibilities, for those who, being obliged to enforce these rights, fail to do so.

2.6 Yes, as was pointed out in answers 1.1, 1.2, 1.3 and 2.3.

In the Code of Criminal Procedure, in the Statute of the Victim and in the Law on the Protection of Witnesses, there are specific rights for especially vulnerable victims and for witnesses whose particular weakness derives, in particular, from their age (including children and elderly people), their state of health and disability, as well as the fact that the type, degree and duration of victimization have resulted in injuries with serious consequences for their psychological balance or conditions of social integration.

2.7 Yes. In the concrete example of the crime of domestic violence, there is an express obligation established in Law no. 112/2009 (article 37-B), that there should be a communication of decisions handed down by criminal courts to those courts dealing with family and children cases, aiming to harmonize the adopted measures, relating for instance to the application of coercive measures involving contacts between the perpetrator and the victim.

The same law also identifies that whenever there are children at stake, the regime of visits of the aggressor must be evaluated, and may be suspended or conditioned, according to the applicable law.

There is no equal rule for Family and Juvenile Courts.

At present, in Portugal, amendments to the Criminal Procedure Code and Law nº. 112/2009 are in the legislative process, aiming to extend the scope of sexual offenses and also to establish the obligation in these cases for the Prosecution Service to urgently initiate proceedings to regulate the exercise of parental responsibilities.

The judicial practice has revealed that in some cases there are deficiencies in communication between the Courts which can lead to incompatibilities in the exercise of the right and visits and at the same time endanger the protection of victims.

2.8 Any person who is not barred by insanity has the capacity to be a witness and can only refuse to bear testimony in the cases provided by law (article 131 of the Code of Criminal Procedure). Portuguese law thus enshrines the rule of ample witnessing capacity, which does not even exclude persons who do not offer guarantees of impartiality, which, if it is to happen, is only of interest in assessing the merits of the evidence and, not for assessing the capacity to bear testimony.

The only absolute cause of inability to bear testimony is the interdiction of the person due to insanity, decreed by judicial decision.

It should be noted, however, that Judgment of the Constitutional Court no. 359/2011, dated 12-7-2011, found "unconstitutional, for violation of Articles 13 (1) and 20 (4) of the Constitution of the Portuguese Republic, the rule contained in Article 131 (1) applicable by reference to Article 145 (3), both of the Code of Criminal Procedure (CPP), when interpreted to entail the inability to make statements at a trial hearing for a person who, having in the proceedings the quality of offended party (victim), and as such is an assistant, was declared insane."

It is the responsibility of the Public Prosecutor or the Court to determine the physical or mental fitness of any person to bear testimony. In the case of witnesses under 18 years of age in cases relating to sexual offenses, personality assessment may be determined (Article 131 (2) of the Criminal Procedure Code).

Particularly vulnerable witnesses may be accompanied during their testimony (Article 27 of the Witness Protection Act).

Vulnerable persons do not need the authorization of their legal representatives to bear testimony.

2.9 They may refuse to bear testimony as witnesses:

            a) Descendants, ascendants, siblings, those that are in the same line up to the second degree, adopters, adoptees and the spouse of the accused; And

            (b) who has been the spouse of the accused or who, being of the other or of the same sex, lives with or has lived with him/her in circumstances similar to those of the spouses, in relation to facts that occurred during the marriage or cohabitation. The entity competent to receive the testimony warns, under penalty of nullity, the persons referred to in the previous number of the faculty that assists them to refuse to bear testimony.

If witnesses who have the right to refuse testimony are under age (below 18) or suffer from some type of incapacity, problems can (and should) arise, however, as to the exercise of that right. In Portugal, like in many other legal orders, there is no express regulation on the subject in the Criminal Procedure Code.

The Statute of the Victim (Article 7) provides that whenever an adult person, under the law, is deprived, by reason of limitation or alteration of physical or mental functions, illness or other similar reason, of the capacity to consent to an intervention, this intervention cannot be effected without due authorization or assistance being provided under the law, or in the absence thereof or, if he/she is the perpetrator, of a person designated by law. If the victim is a child and there is a conflict of interests between the victim and those that hold parental responsibilities, which prevents them from representing him/her or if the child victim is not accompanied by his family or is separated from it, a representative must be appointed to the child victim, in accordance with the law.

The practice of our Courts has been to require that the right to refuse to bear testimony for vulnerable victims according to age (including children and young people) should be exercised by their legal representatives and, in cases where there is a conflict of Interests, through the appointment of a representative.

What is being still discussed is whether the exercise of the right of refusal should be effective in cases where the witness or victim, depending on his/her age, is not in a position to understand the meaning of the refusal.

2.10 Once a crime has been reported, the Public Prosecution Service or the competent criminal police may, after an individual assessment of the victim, give him / her the status of a particularly vulnerable victim. In the same act, the victim is given a document proving the said status, with his/her rights and duties. In practice, risk assessment is carried out by the police through the preparation of an analysis form with the direct participation of the victim.

The special protection measures are as follows:

              A) The victim's inquiries must be carried out by the same person, if the victim so wishes and provided the criminal proceedings are not jeopardized;

              B) The investigation of victims of sexual violence, gender-based violence or violence in intimate relations, unless it is done by a Public Prosecutor or by a judge, must be carried out by a person of the same sex as the victim, if he/she so wishes and provided the criminal proceedings are not jeopardized;

              (C) measures to prevent visual contact between victims and defendants, in particular when bearing testimony, through appropriate technological means;

              D) Making of statements for future memory;

              E) Exclusion of publicity from trial hearings;

              F) The judge or, during the investigation phase, the Public Prosecution Service must determine, whenever this is necessary for the protection of the victim and he/she has given his/her consent, that he / she is assured psychosocial support and protection through tele-assistance, for a period not exceeding six months, extendable if justified by circumstances associated with the protection of the victim;

              G) The provisions of the preceding paragraphs shall not affect the application of other solutions included in the special regime for the protection of witnesses, in particular with regard to the protection of the victim's next of kin.

Risk assessment is one of three levels, "low", "medium" and "high" and is subject to reassessment, within 3/7 days in cases of high risk, up to 30 days in cases of medium risk and up to 60 days in cases of low risk.

2.11 The Code of Criminal Procedure in conjunction with the Victims' Statute, the Domestic Violence Victims Protection Act and the Witness Protection Act allows witnesses to be questioned through special protection measures, including registration recorded in audio and on film. And it is also possible to use videoconferencing with recourse to image concealment or distortion of the voice and even the concealment of the victim’s identity.

Testimony and statements of the victims and witnesses, when they involve the presence of the accused, are provided by videoconference or teleconference, by determination of the Public Prosecution Service, either on its own initiative or at the request of the victim, during the investigation phase, Or by determination of the court, either on its own initiative or at the request of the Public Prosecutor or the victim, during the investigation (instrução) or trial stages, if this proves necessary to guarantee the presentation of statements or testimony without any restrictions.

Not disclosing the identity of the witness may take place during some or all stages of the proceedings if all of the following conditions are met:

              (A) The testimony or statements relate to crimes of trafficking in human beings, criminal association, terrorism, international terrorism or terrorist organizations or, subject to imprisonment for a maximum of eight years or more, crimes against life, against physical integrity, against liberty of persons, against sexual freedom or sexual self-determination, of corruption, of qualified swindling, of harmful administration that causes damages of more than 10 000 units of account, or committed by those who are part of a criminal association in the context of the purpose or activity of such association;

              (B) a witness, his next of kin, a person living with him in conditions similar to those of the spouses or other persons who are close to them, are in grave danger of being attacked on their lifes, physical integrity, liberty or assets of a considerably high value ;

              (C) The credibility of the witness is not reasonably questioned;

              (D) The testimony or statements constitute a significant probative contribution.

2.12 The victim shall have the right to be heard in an informal and reserved environment, and appropriate conditions should be created to prevent secondary victimization and to prevent pressure being exerted on him/her.

The interrogation of the victim and his / her eventual submission to medical examination must take place without undue delay after the crime has been reported, only when strictly necessary for the purposes of the investigation and criminal proceedings and their repetition should be avoided.

2.13 In Portugal, all victims, including the most vulnerable and witnesses, regardless of their ancestry, nationality, social status, sex, ethnicity, race, language, age, religion, disability, political or ideological convictions, sexual orientation, culture and educational level, enjoy the fundamental rights inherent to the dignity of the human person, and are guaranteed equal opportunities to live without violence and to preserve their physical and mental health.

All rights established by law are equally guaranteed to national and foreign citizens.

In addition, citizens residing in Portugal, who are victims of crimes committed in other Member States, shall be entitled to lodge a complaint with the national authorities, if they have not been able to do so in the Member State in which the crime was committed, in which case the national authorities shall promptly transmit it to the competent authorities of the territory where the crime was committed, in accordance with the applicable legislation.

The transmission of the complaint shall be communicated immediately to the victim who submitted it.

Citizens residing in other Member States, victims of crimes committed in Portugal, shall be ensured:

              (A) the taking of evidence immediately after the complaint has been lodged with the competent authority;

              B) The application, as far as possible, of the provisions regarding the hearing by videoconference and teleconference, for the purpose of providing testimony.

It is also ensured the appointment of interpreters and the translation of some procedural documents.

3.1 The rights of victims, witnesses and vulnerable persons are guaranteed and enforced since they are laid down in the law. They are exercised ex officio or at the request of victims, witnesses and especially vulnerable victims. It is the responsibility of the Public Prosecution Service, as the owner of criminal action, to ensure the exercise of these rights, either by supervising police activity or by requesting the Court to uphold the said rights. The Public Prosecution Service may also lodge an appeal against judicial decisions denying victims or witnesses the exercise of their rights.

3.2 It is established in the law and the Organic Statute of the Public Prosecution Service (Statute of the Public Prosecutor's Service – Law n.º 60/98, 27/8)

3.3 As pointed out in 3.1, during the investigation phase, the Public Prosecutor's Service supervises the activity of the police and, in particular see to it, that the rights of victims and witnesses are respected during the investigations that have been delegated to them. During the investigation phase (initial stage of the procedure), it is the responsibility of the Public Prosecution Service to ensure that all rights of victims and witnesses are enforced. For example, the Public Prosecution Service must ensure that witnesses have been warned about the possibility to refuse to testify when this right is applicable to them. In addition, the Public Prosecution Service must ensure that both the victim and the witness are informed of their right to be accompanied by counsel in the procedural acts in which they participate.

In later stages of the proceedings, under the supervision of a judge (instruction and trial), the Public Prosecution Service must promote before the Court that the rights are respected and, if there are judicial decisions to the contrary, may lodge an appeal against those decisions.

The Public Prosecutor's Service liaises with all governmental and non-governmental institutions for the protection of victims through formal and informal contacts, whether established by law or not.

3.4 Yes, they can.

Whether through contact with the competent prosecutor in the course of the proceedings, or through contacts to be established within the Public Prosecution Service’s general activity.

3.5 Yes, they can. This special initiative is duly established in the Law.

3.6 Yes.

3.7 Yes, for all issues listed.

The training of prosecutors, both initial and ongoing, includes the protection of all victims of crime, witnesses and vulnerable persons, especially those in need of protection measures.

The role of the Public Prosecution Service in criminal proceedings also includes two specific issues that are relevant to victim protection: criminal mediation and the coordination of the Retrospective Analysis of Homicides in the context of domestic violence.

Criminal mediation is established in Law nº. 21/2007, of 12/7 and assigns to the Public Prosecution Service the decision whether to submit the case to criminal mediation. Once an agreed mediation is reached, the case is closed.

Criminal mediation is only possible for crimes whose initiation depends upon a private complaint or accusation and when it is a crime against persons or a crime against property.

Mediation is not possible for criminal offenses punishable by imprisonment for more than 5 years, in the case of crimes against sexual freedom or sexual self-determination, embezzlement, corruption or influence peddling, and when the victim is under 16 years of age.

Mediation presupposes, however, both the consent of the victim and the suspect.

Law nº.112/2009, since 2015, on victims of domestic violence, establishes in Article 4a the creation of a multi-disciplinary team, coordinated by a prosecutor, which analyzes cases of homicide in the context of domestic violence which have already been the object of a final court decision or a decision to close the case, seeking to draw conclusions that allow for the implementation of new preventive methodologies for future cases of domestic violence.