USE OF CHILD FOR BEGGING | FOREIGNER | DIGNITY OF THE CHILD
Coimbra Court of Appeal, proc. 340/08.0PAPBL, 06.07.2016
JURISDICTION: Criminal
SUBJECT: Use of child for begging
RAPPORTEUR: Vasques Osório
RULING: Grants the appeal by (a) amending the lower court ruling on the established facts (with addition of point 3-A: “The defendant acted freely, voluntarily and knowingly, with the purpose of using his underage daughter for begging, well aware that his conduct was forbidden and punishable by law”), (b) revoking the lower court ruling which had acquitted the defendant, and (c) convicting the defendant for the crime of use of child for begging on a penalty of five months’ imprisonment, replaced by a 750€ fine (150-days at the rate of 5€ per day).
DOMESTIC LAW:
Criminal Code [Articles 14, 40, 43(1), 45(1), 47(2), 50(1), 58(1), 60(2), 70, 71, 296]
Code of Criminal Procedure [Articles 410, 412, 416(1), 417, 426(1), 430(1), 431(a)]
Supreme Court of Justice uniformity judgment no.7/95, of 19 October 1995
INTERNATIONAL LAW: n.a.
FOREIGN LAW: n.a.
KEYWORDS: Use of child for begging; foreigner; dignity of the child; rules of normality and common experience; common citizen; begging; right to dignity; child’s right to a normal, socially healthy and responsible development; child’s right to a treatment that favours his or her social integration; International Labour Organization; forced begging; situations of vulnerability; contexts of social exclusion; poverty; discrimination; dysfunctional families; disorganised migratory processes; act of begging; to be a beggar; passport; social report; eyes of the average man; fake disability; begging on a regular basis; criminal energy
COMMENTS: Coming soon.
REFERENCES IN THE LITERATURE:
SILVA, Júlio Barbosa e, “O crime de utilização de menor na mendicidade (artigo 296.º do Código Penal): Alegações de recurso do Ministério Público no processo n.º 340/08.0PAPBL” [The crime of using children for begging (Article 296 of the Criminal Code): Arguments by the Public Prosecutor on appeal in case no. 340/08.0PAPBL], Revista do Ministério Público, vol. 147, 2016, pp. 161-174.
Download the ruling.
EN 
PT