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In the public consultation process on the National Anti-Corruption Strategy, the Association of Portuguese Judges (ASJP), the Union of Public Prosecutors and the Association for Transparency and Integrity defend the classification of the crime of “illicit enrichment”, albeit with nuances. In turn, the Ministry of Justice and Lawyers defend that the initiative is unconstitutional. Henrique Salinas, partner responsible for the Criminal & Compliance area of CCA, speaks to Jornal de Negócios about the proposal to create the crime of illicit enrichment, which the Constitutional Court has already considered, twice, to be “against the constitutionality”.
What would eventually be punished by this measure, underlines Henrique Salinas, "would be the simple enrichment, even if it is lawful. By absurdity, the winner of the Euromillions who would have lost the corresponding documentation would inexcusably be punished for the practice of this crime". The CCA partner also declares that "the Constitutional Court did well to declare the unconstitutionality of the two legislative initiatives with which it intended to establish this type, which was nothing more than a concentration of violations of the fundamental principles of law and criminal procedure; and the government is doing well by not insisting on what would be a flagrant mistake".
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- Jornal de Negócios