Criminal Liability of Organizations, Corporations, Legal Persons, and Similar Entities on Law of Portuguese Cybercrime

Abstract

In Portugal, and in much of the legal systems of Europe, “legal persons” are likely to be criminally responsibilities for cybercrimes, for example, “false information,” “damage on other programs or computer data,” “computer-software sabotage,” “illegitimate access,” “unlawful interception,” and “illegitimate reproduction of protected program.” However, there are exceptions to the “question of criminal liability” of “legal persons.” Some “legal persons” cannot be blamed for cybercrime. The legislature did not leave! These “legal persons” are the following (“public entities”): legal persons under public law, which include the public business entities; entities utilities, regardless of ownership; or other legal persons exercising public powers. In other words, and again as an example, a Portuguese public university or a private concessionaire of a public service in Portugal cannot commit any one of the highlighted cybercrimes. Fair? Unfair. All laws should provide that all legal persons (rectius organizations) can commit cybercrimes.