The law allows for cases in which the assistance of a lawyer is mandatory (Article 64 of the Criminal Code). Amongst these cases the following are noted:

• The mandatory presence of a lawyer during interrogations by a judicial authority

• The mandatory presence of a lawyer during the investigation and hearing

• The mandatory presence of a lawyer at a hearing held in the absence of the accused

The assistance of a lawyer while the sentence is served is never mandatory. For example, the presence of a lawyer is not mandatory when a disciplinary sanction or solitary confinement is imposed. The presence of a lawyer is independent of the possibility of challenging a decision. Thus, the detained person is not required to be represented by a lawyer during their sentence adjustment proceedings but will always be able to appeal in the event of an unfavourable outcome.

The accused is automatically assisted by an officially appointed lawyer when the latter’s presence is made compulsory by law and when they cannot afford to pay for the services of a lawyer.

The DGRSP keeps a register of all complaints from detainees alleging violence by staff. Both the NPM and the Ombudsman have access to it. Complaints from detained persons are reported to the audit and inspection service of the DGRSP (serviço de auditoria e inspeção doservços prisionais).

The institutions in the autonomous regions (the Azores) are not subject to the inspection and control of the Ombudsman, with the exception of activities carried out under the authority of the Portuguese public administration.

The report following the visit from 1 to 10 May 2018 is made public 31 May 2019.

A prison sentence of less than one year must be adjusted as soon as it is given. It can be converted to a fine or house arrest under electronic surveillance.

A prison sentence of less than two years can be adjusted if the situation of the sentenced person justifies it (pregnancy, serious illness, age - under 21 or over 65 - etc. …) (article 43 of the Penal Code).

A prison sentence of less than one year can also be converted to parole. The person’s consent is required. This arrangement must allow the convicted person to continue their professional activity or studies (article 46 of the Penal Code).

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

A sentence of less than three years, linked to a professional offence, can be replaced by a ban on exercising a profession, a function or an activity (article 43 of the Penal Code).

The sentence can be suspended as soon as it is ruled. 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 shorter (Article 50 of the Penal Code).

The court can also order a probationary suspension. Probation is mandatory when the offender is under the age of 21, or when the prison sentence is more than three years (Article 54 of the Penal Code).

If the sentenced person does not comply with the obligations related to the adjustment of their sentence, imprisonment becomes enforceable again. The time served during the sentence adjustment is deducted from the time of imprisonment.

The court can still rule on a waiver of sentence. The sentence must be less than six months. The lack of need for a prison sentence must be demonstrated by the judge. Nevertheless, the person is convicted (Article 74 of the Penal Code).

The sentence may be adjusted during its execution in the form of house arrest under electronic surveillance. The length of the remaining sentence to be served must be less than one year (Article 44 of the Penal Code). No information regarding the possibility of receiving a reduced sentence is available.
Parole may be granted, with the consent of the sentenced person, on three conditions:

• Half of the sentence has been served.

• The time already served exceeds six months.

• The sentenced person must prove their good behaviour during imprisonment.

If the sentence imposed is more than six years’ imprisonment, parole is only possible after five-sixths of the sentence have been served (article 61 of the Penal Code).

There is a mechanism for “adaptation” to parole. It allows the sentenced person to request release one year before the established legal limit. During this adaptation 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 to the judge responsible for the execution of sentences.

The detainee may benefit from a temporary judicial release (granted by a judge) or a temporary administrative release (granted by the prison administration) (article 76 of the Code for the execution of sentences and custodial measures).