FAQ: Foreign victims of crime

What rights do foreign nationals have once they become a victim of a crime?

A foreign national who is a victim of a crime has the same rights as any Portuguese citizen, including the right to report the incident to the police, receive protection and institutional support (such as medical and psychological support), and have an attorney to represent him or her in criminal proceedings. However, there are some aspects that may hinder or limit foreigners from exercising such rights. For example, there may be a lack of support agencies or institutions that provide language support other than Portuguese, and a lack of social network (family and friends) in the host country. Whether an individual is documented or undocumented brings further complications.

Such circumstances leave immigrant or foreign victims of crime in a particular vulnerability, requiring them to seek specialised support. 

Can the police refuse to receive my complaint because I am a foreigner?

All foreign nationals, whether they are documented or undocumented in Portugal, have the right to file a complaint when they become a victim of a crime, which will then lead to an initiation of the judicial process. Neither the police nor judicial authorities can refuse to receive a complaint based on the fact that a victim is undocumented in Portugal. In case you find yourself in this situation, you can report it in the Complaint’s Book (Livro de Reclamações), which is available in every police station and Courts, and present a write complaint to the superior or supervisor of the official who refused you.

I was a victim of a crime, but I am undocumented and afraid to go make a report or complaint. What can the police do to me if I were to go to them for help?

Even if you are undocumented, the police cannot refuse to receive your report or complaint. However, once you go to the police station, the police has the duty to report to the Foreigners and Borders Service (Serviço de Estrangeiros e Fronteiras – SEF) that they have knowledge of an undocumented migrant. Afterwards, SEF will notify you to justify your situation and, in some cases, give you an order to abandon the Portuguese territory. If this is your situation, we suggest you to contact APAV | UAVM in order to be informed about your rights and so that we can help you find a solution for your case.

Being a foreigner, can I claim compensation for being a victim of crime?

Yes. As a national or foreign victim of crime, regardless of whether you are documented or not, you can request for compensation. There are two possible requests for compensation: a request to the offender during the criminal procedure itself, and a request to State in the case of violent crimes or domestic violence. 

I don’t have money to pay for a lawyer. How can I receive help?

If you have no means to pay for a lawyer, you can ask Social Security (Segurança Social) to grant you legal aid (apoio judiciário), assigning you a lawyer to represent you in a lawsuit. Depending on the type of income you receive, Social Security can exempt you from all costs of hiring a lawyer and making a case, or allow you to pay for the legal services in installments. APAV | UAVM can help you fill out the appropriate form to apply for legal aid and select the appropriate documents needed to accompany the application.