The present study aims, through the use of a qualitative and quantitative methodology, to analyze and characterize the judicial decisions on the crime of active and passive corruption in the Portuguese legal system. Specifically, we sought to analyze which factors are most prevalent in judicial decision-making regarding this type of crime at three different moments: judicial decision, decision on the type of sentence, and decision on the concrete measure of the sentence.
The results obtained show that the determinants of judicial decision differ in the crimes of active and passive corruption. The conviction decision is influenced by legal factors in both types of crime, however in the crime of active corruption, judicial decision makers also considered extralegal factors related to socio-demographic characteristics of the offenders. The decision on the type of sanction is mainly determined by extralegal factors related to the socio-demographic characteristics of the convicted person. It is also noted that the concrete measure of the penalty is related to legal and extra-legal factors.
Publication year: 2021
University: University of Porto