The amendment modifies Article 215 of the Penal Code, concerning the crime of unlawful appropriation of property, which was previously punishable by up to two years of imprisonment or a fine of up to 240 days.
Under the new law, this penalty framework remains in most cases, but increases to up to three years’ imprisonment or an unlimited fine when the occupation is carried out “by means of violence or serious threat” or involves a property intended for permanent residence.
If the perpetrator acts “professionally or with the intent to profit,” the punishment can extend to up to four years of imprisonment.
The criminal procedure continues to depend on a complaint being filed by the victim.
The law, which aims to protect property rights, also amends the Code of Criminal Procedure to allow the judge to order the immediate return of the property to its rightful owner during the inquiry phase.
If the occupied properties are part of the public housing stock and are being used by suspects as their residence, the entity responsible for filing the complaint must assess “the socioeconomic conditions of those involved” and, if warranted, activate “appropriate social or housing responses.”
This entity also has the option to waive the complaint if the suspects voluntarily vacate the unlawfully occupied property.
Law No. 67/2025, enacted on November 24, was approved on October 28 in the Assembly of the Republic by a majority and promulgated on November 17 by the President of the Republic, Marcelo Rebelo de Sousa.
