The crime of tax fraud in the new Portuguese tax criminal law

considerations on the typical factual elements and the concurrence of offences

Authors

  • Jorge de Figueiredo Dias
  • Manuel da Costa Andrade

Keywords:

Tax fraud, Tax criminal law, Concurrence of offences, Cut-off result, Legal interest

Abstract

The text examines the crime of tax fraud in the new Portuguese tax criminal law, analyzing the fundamental elements of the typical factual elements and the concurrence of offences with the crimes of forgery of documents and fraud in the Criminal Code. It analyzes the three archetypal models of typical conformation: crime of harm, crime of mere violation of information duties, and crime of cut-off result, concluding that the Portuguese legislator adopted the third model. It argues that the protected legal interest is the security and reliability of legal transactions in the tax domain, and that tax fraud is in a relationship of specialty with forgery of documents and in apparent concurrence with fraud, with the harmful result exhausting its relevance in the sentencing.

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References

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Published

1996-01-01

How to Cite

DIAS, Jorge de Figueiredo; ANDRADE, Manuel da Costa. The crime of tax fraud in the new Portuguese tax criminal law: considerations on the typical factual elements and the concurrence of offences. Brazilian Journal of Criminal Science, São Paulo, v. 13, n. 13, p. 54–78, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3449. Acesso em: 20 oct. 2026.

Issue

Section

International Doctrine
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