Lei n.º 101/2001 - Regime jurídico das acções encobertas para fins de prevenção e investigação criminal
Act Number: | 101/2001 |
Court: | Assembleia da República |
ELI: | https://data.dre.pt/eli/lei/101/2001/08/25/p/dre/pt/html |
Official gazette publication: | Diário da República n.º 197/2001, Série I-A de 2001-08-25 |
Lei n.º 101/2001
de 25 de Agosto
Regime jurídico das acções encobertas para fins de prevenção e investigação criminal
A Assembleia da República decreta, nos termos da alínea c) do artigo 161.º da Constituição, para valer como lei geral da República, o seguinte:
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- A presente lei estabelece o regime das acções encobertas para fins de prevenção e investigação criminal.
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- Consideram-se acções encobertas aquelas que sejam desenvolvidas por funcionários de investigação criminal ou por terceiro actuando sob o controlo da Política Judiciária para prevenção ou repressão dos crimes indicados nesta lei, com ocultação da sua qualidade e identidade.
As acções encobertas são admissíveis no âmbito da prevenção e repressão dos seguintes crimes:
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Homicídio voluntário, desde que o agente não seja conhecido;
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Contra a liberdade e contra a autodeterminação sexual a que corresponda, em abstracto, pena superior a 5 anos de prisão, desde que o agente não seja conhecido, ou sempre que sejam expressamente referidos ofendidos menores de 16 anos ou outros incapazes;
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Relativos ao tráfico e viciação de veículos furtados ou roubados;
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Escravidão, sequestro e rapto ou tomada de reféns;
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Tráfico de pessoas;
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Organizações terroristas, terrorismo, terrorismo internacional e financiamento do terrorismo;
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Captura ou atentado à segurança de transporte por ar, água, caminho-de-ferro ou rodovia a que corresponda, em abstracto, pena igual ou superior a 8 anos de prisão;
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Executados com bombas, granadas, matérias ou engenhos explosivos, armas de fogo e objectos armadilhados, armas nucleares, químicas ou radioactivas;
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Roubo em instituições de crédito, repartições da Fazenda Pública e correios;
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Associações criminosas;
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Relativos ao tráfico de estupefacientes e de substâncias psicotrópicas;
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Branqueamento de capitais, outros bens ou produtos;
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Corrupção, peculato e participação económica em negócio e tráfico de influências;
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Fraude na obtenção ou desvio de subsídio ou subvenção;
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Infracções económico-financeiras cometidas de forma organizada ou com recurso à tecnologia informática;
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Infracções económico-financeiras de dimensão internacional ou transnacional;
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Contrafacção...
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