On 24 November 2021, Law no. 79/2021, of 24 November, was published in the Diário the República (Portuguese official gazette), transposing into the national law the Directive (EU) 2019/713 of the European Parliament and of the Council, of 17 April 2019, on combating fraud and counterfeiting of non-cash means of payment and which amends, among other acts, the Law on Cybercrime, approved by Law no. 109/2009, of 15 September 2009, establishing new types of criminal offences related to the counterfeiting of devices which allow access to payment systems and means of payment (including virtual currency).
In particular, the following new types of crime are created, applicable to both natural and legal persons:
i. Counterfeiting of credit cards or other payment devices, punishable by imprisonment from 3 to 12 years;
ii. Use of counterfeit credit cards or other payment devices, punishable by imprisonment from 1 to 12 years;
iii. Acquisition of counterfeit credit cards or other payment devices, punishable by imprisonment from 1 to 5 years;
iv. Preparatory acts of counterfeiting, punishable by imprisonment from of 1 to 5 years;
v. Acquisition of credit cards or other payment devices obtained through computer crime, punishable by imprisonment from 1 to 5 years.
The penalties provided for the new crimes may be increased if the facts are committed by an official in the exercise of its functions or with an intent to commit terrorism.
The new crimes will have an impact on the assessment of suitability for the exercise of certain professions and functions (judicial administrator, lawyer, solicitor, enforcement agent, notary, trust service providers, business recovery mediator, and members of the governing bodies of IPSS, of the board of the Welfare Fund for Lawyers and Solicitors and of the governing bodies of mutual associations).
The law also amends the crimes of computer and communications fraud, abuse of a guarantee or credit card ("abuse of a guarantee or payment card, payment device or data") and money laundering, provided for in the Criminal Code.
Finally, the criminal procedural provisions are amended to admit (i) telephone tapping for the investigation of the crimes referred to in i. and ii. above, and (ii) preventive detention for the crime of abuse of a guarantee card or of a credit card, payment device or data (when a maximum imprisonment penalty of more than 3 years may be applicable).
