New Law Strengthens Protection Against Unlawful Property Invasion in Portugal

Law No. 67/2025, dated 24 November, was recently published, introducing significant amendments to the Portuguese Criminal Code concerning the unlawful invasion and occupation of property. The new legislation reinforces the legal protection of property owners by increasing penalties and introducing procedural mechanisms aimed at ensuring the swift recovery of unlawfully occupied properties.

The law amends Article 215 of the Criminal Code, aggravating the legal consequences associated with the crime of property usurpation. Under the revised framework, the penalty is increased to up to three years’ imprisonment or a fine when the invasion or occupation is carried out through violence or serious threats, or when the affected property is intended for the owner’s permanent residence.

In addition, the legislation introduces a new offence by criminalising the invasion or occupation of another person’s property when carried out as part of a professional or lucrative activity. In such cases, the applicable penalty ranges from one to four years’ imprisonment, as provided for in the newly added paragraph 3 of Article 215. The law also explicitly criminalises the attempt to commit this offence, further broadening the scope of criminal liability.

Beyond substantive criminal law, Law No. 67/2025 also amends Article 200 of the Code of Criminal Procedure. Under the new provisions, where there is strong evidence of the crime of unlawful invasion or occupation under paragraphs 1 to 3 of Article 215 of the Criminal Code, a restrictive measure may be applied to the suspect, requiring the immediate return of the property to its rightful owner.

Overall, this legislative amendment represents a significant reinforcement of property rights in Portugal. By increasing penalties, criminalising new forms of unlawful occupation, and enabling urgent procedural measures, the law aims to provide more effective and timely protection for property owners.