A dificuldade de prova nos crimes de corrupção e a delação premiada

: análise do artigo 374º-B do código penal

Abstract

The present dissertation has as its main objective a critique of the current Article 374º-B of the Criminal Code, proceeding to a proposal for the consecration of the Awarded Delation in our legal system. To this end, it has become important to structure this text in three parts: first, we will proceed to an analysis of the National Strategy to Combat Corruption, so that we may have a solid basis for understanding the evidential difficulty that guides the crime of corruption. Next, we will analyze the issue of Awarded Delation, defining what is meant by a cooperating defendant, the probative value to be attributed to his statements and, also, approaching the compatibility of this issue with the structuring principles of the Portuguese criminal procedure. Finally, we could not end this study without an analysis of Art.374º-B of the Criminal Code, recently changed by Law nº94/2021 of December 21st. This text is written with the capitalist society in which we currently live as a background. The central point is related to the increase in organized crime, which naturally creates greater difficulty in combating it, since we are dealing with a type of criminality that has as its main consequence the erosion of the most basic structures of democracy. Therefore, and taking into account all the controversy that has arisen lately about this problem, there have been more and more voices proposing the implementation of a new figure in the Portuguese legal system: the "Awarded Delation".

Date of Award	21 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Damião da Cunha (Supervisor)