Portugal

Age of Consent

No

The age of sexual consent is 14 years, for both girls and boys. The national legislation does not provide for a close-in-age exemption.

Analysis of country legislation on age of sexual consent, 2024

Extraterritoriality & Extradition

Partial

Portuguese law provides for active and passive extraterritoriality provided that the act double criminality is fulfilled, the perpetrator has been found in Portugal and extradition is admitted but not granted. Habitual residents are not included in this provision. Universal jurisdiction is provided for crimes committed outside Portugal when the act constitutes a crime that Portugal must prosecute under international law and for certain crimes committed abroad regardless of the nationality of the perpetrator provided that he or she is found in Portugal and cannot be extradited.
Portuguese courts have extraterritorial jurisdiction over SEC related offences if the perpetrator is found in Portugal and cannot be extradited or surrendered; or the crime is committed by Portuguese or habitual residents in Portugal; or the crime is committed against a minor who habitually resides in Portugal.

Portuguese nationals cannot be extradited unless extradition is done under the EAW or under international instruments (reciprocity) and where the facts justifying the request are punishable as terrorism or international organised. The extradition of a Portuguese nationals may be made conditional on their return to Portugal to serve any sentence. Double criminality is required for proceeding with extradition (punishable with a custodial sentence of a maximum duration of at least one year).

SEC offences are referred to as extraditable under the European Arrest Warrant (EAW) framework within the EU without requiring double criminality if the act is punishable by a maximum period of at least three years of imprisonment in the requesting State.

Constitution,Criminal Code,Law on international judicial cooperation in criminal matters (Law No. 144/99),Law on the European Arrest Warrant (Law No. 65/2003), 1976 (status as of 2023), 1995 (status as of 2023), 1999 (status as of 2023), 2003 (status as of 2023)

CSAM Definition

No Data

Background Check Required

No Data

National Commitments

No Data

Child Advocacy Centers

No Data

SEC Police Unit

No Data

Protection Standards Travel and Tourism

No Data

Public SEC Case Data

No Data