The Public Prosecutor (Ministério Público) brought charges against two spouses, as defendants, for domestic violence under section 152 of the Portuguese Penal Code. The Public Prosecutor alleged that in a particular episode, both spouses physically and verbally assaulted each other, and should therefore both be penalized for the crime of domestic violence. Both spouses had previously been convicted of charges of domestic violence. In this case, however, both the District Court (Tribunal da Comarca) and the Appellate Court found that although the Portuguese Penal Code does require physical or mental damages to a spouse or former spouse in order to be convicted of domestic violence, spouses cannot both be convicted of domestic violence if damages were caused reciprocally.
Ministério Público v. [Undisclosed Parties], 3/16.0PAPST.L1-9