A register (not publicly available) is maintained within the DGRSP. It records all complaints from prisoners, including any violence on the part of prison staff. The MNP and the Ombudsman have access to the register. The prisoners’ complaints are reported to the DGRSP’s audit and inspection service (auditing and inspection services for prison services).

The institutions of the autonomous regions (Azores) are not subject to the inspection and control of the Mediator, except for their activities carried out under the authority of the Portuguese public administration.

A report is produced on 8 November 2018, following a visit from 1 May to 10 May of the same year. The report was sent to the Portuguese Government and the NPM. This report is, for the moment, confidential.

A sentence of imprisonment of less than one year must be adjusted as soon as it is pronounced.

A sentence of imprisonment of less than one year may be imposed as a fine or house arrest under electronic surveillance. If the convicted person’s personal situation so justifies, the maximum sentence can be increased to two years (due to pregnancy, serious illness, age – under 21 or over 65 years of age – etc.). (articles 43 and 44 of the Penal Code).

A prison sentence of less than one year may also be granted on day parole. The consent of the convicted person is necessary. This arrangement must allow the convicted person to pursue their professional activity or studies (article 46 of the Penal Code).

A sentence of imprisonment of less than two years may be converted into community service. Each day of imprisonment corresponds to one hour of work. The maximum executable allotment is 480 hours. The consent of the convicted person is necessary (article 58 of the Penal Code).

A sentence of less than three years, related to a professional offense, may be replaced by a prohibition to practice a profession, function or activity (article 43 of the Penal Code).

The sentence may be suspended as soon as it is pronounced. This suspension applies as long as the sentence imposed does not exceed five years. The period of suspension has the same duration as the prison sentence but can never be less (article 50 of the Penal Code).

The court may also impose a probationary stay. Probation is mandatory when the perpetrator is under the age of 21, or when the sentence of imprisonment is more than three years (article 54 of the Penal Code).

If the sentenced person does not fulfill the obligations related to the adjustment of their sentence, the imprisonment becomes again executory. The time spent on the sentence is deducted from the time of imprisonment.

The court may still decide to waive the sentence. The penalty incurred must be less than six months. The absence of a need for a prison sentence must be demonstrated by the judge. The person is however found guilty (article 74 of the Penal Code).

The sentence can be adjusted during sentence in the form of a house arrest under electronic surveillance. The duration of the remaining sentence to be completed must be less than one year (article 44 of the Penal Code).

A conditional release can be pronounced, with the agreement of the sentenced person, on three conditions:

• half of the sentence is completed
• the sentence already executed is greater than six months
• the convicted person must show good behavior when incarcerated

If the sentence is more than six years imprisonment, parole is only possible once five-sixths of the sentence has been executed (article 61 of the Penal Code). A “coping” mechanism for parole is planned. It allows the convicted person to apply for release one year before the normal legal limit. During this adjustment period, the sentenced person is subjected to house arrest under electronic surveillance.

The detainee may appeal the decision not to adjust their sentence. The appeal is made before the judge of the execution of the sentences.

The detained person may be granted judicial leave (decided by a judge) or administrative leave (decided by the prison administration) (article 76 of the Code of Execution of Penalties).