Strengthening criminal law protection for real estate

Law 67/2025 of November 24 (“Law 67/2025”) amends:

• the Portuguese Criminal Code (“PCrC”), specifically regarding the crime of usurpation of real estate; and
• the Portuguese Code of Criminal Procedure (“PCCrP”), concerning coercive measures.

The law aims to protect property rights by enhancing criminal law protections against unlawful occupation of real estate.

Specifically, Law 67/2025 amends article 215 of the PCrC, which addresses the crime of usurpation of real estate. Previously, to be punishable with a prison sentence of up to 2 years or a fine of up to 240 days, this crime required evidence of “violence or serious threat.” Consequently, if this evidence was absent, the offense did not meet the legal requirements.

Elimination of the requirement for violence or serious threat

Law 67/2025 eliminates the necessity of violence or serious threat as a condition for committing the crime. Consequently, anyone who invades or occupies another’s property, intending to assert a right of ownership, possession, use, or easement not protected by law, court judgment or administrative act, is now considered to have committed this offense, regardless of whether violence or serious threat is involved. However, the penalties remain unchanged, with a prison sentence of up to 2 years and a fine of up to 240 days.

Aggravating circumstances

The use of violence or serious threat is now considered an aggravating factor of the crime. As such, if the invasion or occupation involves violence or serious threat, the offender faces a prison sentence of up to three years or a fine.

Likewise, if the occupied or invaded property is intended to serve as a primary and permanent residence, this circumstance becomes relevant, qualifying the offense accordingly.

Article 215 of the PCrC now introduces further aggravations for crimes committed professionally or with the intention of profit. Offenders in these instances face a prison sentence ranging from one to four years.

Diverting or blocking water

The offense of diverting or blocking water, without legal entitlement and with the intent to gain unlawful benefit for oneself or another, remains subject to the same punishment as that established in the preceding law (i.e., punishment applies solely when the act is committed with violence or under serious threat).

Attempt

Article 215 of the PCrC has been revised to explicitly allow the punishment of attempted offenses.

Complaint

This crime retains its semipublic nature, requiring the offended party to formally present a complaint, expressing intent to initiate and pursue criminal proceedings.

Amendments to criminal procedure provisions

Regarding the PCCrP, Law 67/2025 introduces significant amendments to coercive measures by expanding the list of conduct obligations established in article 200.

If strong evidence indicates the commission of the crime of usurpation of real estate and the complainant’s ownership of the property, the judge may require the offender to immediately restore the property to its rightful owner.

When public housing properties are involved, the competent authority evaluates the socioeconomic standing of the individuals involved. Where appropriate, the authority may activate the pertinent social or housing remedies established in the applicable law and regulations. Also, if the property is vacated voluntarily, the authority may decide not to lodge a complaint.

Law 67/2025 modifies the general requirements for imposing coercive measures, allowing the new obligation to immediately restore the property to its owner to be applied alongside the mandatory measure of termo de identidade e residencia. This amendment allows its application even if the legally established requirements are not met, which are:

(i)  flight or risk of flight;

(ii) threat to the progress of the criminal inquiry or judicial investigation and danger to the acquisition, preservation or accuracy of evidence; or

(iii) danger that the offender, due to the nature and circumstances of the crime or their personality, may continue the criminal activity or cause serious disturbance to public order and peace.

Conclusion

Law 67/2025 demonstrates a deliberate criminal policy aimed at enhancing the protection of real estate ownership, broadening both the scope of conduct classified as criminal and the range of applicable coercive measures.