From administrative offense to criminal proceedings
Many companies treat an administrative offenseAn administrative infraction punished with a fine, distinct from a crime, but which can evolve into criminal liability in certain cases. as an isolated administrative cost, without assessing the underlying evidence-gathering process. When that evidence reveals indications of intentional misconduct, the case can shift into the criminal sphere: Article 11 of the Portuguese Criminal Code establishes corporate criminal liability for a specific set of offenses, which can directly involve members of management, in addition to the company itself.
The role of legal defense in the initial proceedings
How the company responds to the initial notification, including what is said and submitted to the authorities, shapes the distinction between a purely administrative proceeding and one that develops into a criminal investigation. Involving legal defense at this early stage, before any formal charge, is what most reduces that risk.
© 2026 Horacio Baptista Ladera. All rights reserved. Reproduction prohibited without prior authorization.
