Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. In its previous comments, the Committee requested the Government to provide information on the application practice of articles 238 and 239 of the Penal Code, under which crimes against authority are punishable by sentences of imprisonment (acts prejudicial to the reputation or threats made against persons exercising an important function in the service of the State or an important public function; insults, slander and direct or indirect threats against a public employee whose function involves the exercise of public authority, in the course of service or in relation to acts undertaken during such service).

The Committee notes with interest the information provided by the Government in its report that article 238 of the Penal Code was repealed in 2002 and that article 239 is due to be amended. It also notes with interest that Law No. 278/2006 of 4 July 2006 amending the Penal Code repealed articles 205 and 206, under which defamation and slander were punishable by a sentence of imprisonment of between one month and two years and between three months and three years, respectively. The Law also amended article 239 of the Penal Code, which now provides that direct or indirect threats against a public employee whose function involves the exercise of public authority, in the course of service or in relation to acts undertaken during such service, are punishable by imprisonment (insults and slander have been removed). The Committee would be grateful if the Government would continue to provide information on the manner in which effect is given in practice to the provisions of article 239 of the Penal Code and, where appropriate, to provide copies of court decisions defining or illustrating their scope.

2. The Committee also notes that many amendments have been made to the Penal Code (Law No. 15/1968) since its re-publication in the Official Journal in 1997. It further notes that the Penal Code which had been adopted in 2004 (Law No. 301/2004) has not entered into force and appears to be the subject of further discussion. The Committee would be grateful if the Government would provide information on the process of revising the penal legislation and if it would provide a copy of the Penal Code that is in force containing all the amendments made to it.