Editing Crime of passion (section)

===Portugal===
[[Portugal]] has a long tradition of tolerating, and even encouraging, crimes of passion, under the "[[legitimate defense of honor]]", which was also brought to [[Brazil]]. During the authoritarian [[Estado Novo (Portugal)|Estado Novo]] regime, (1933–1974) women's rights were restricted. Although improvements in tackling domestic violence have been achieved, particularly with legal reforms in 1982, lenient punishments continue to be given by judges, partly due to the strongly patriarchal ideology that still persists in the judicial system.<ref>{{Cite web|url=https://www.theportugalnews.com/news/shock-as-murders-of-women-soar/48280|title=Shock as murders of women soar|access-date=2021-09-14|archive-date=2021-09-14|archive-url=https://web.archive.org/web/20210914232206/https://www.theportugalnews.com/news/shock-as-murders-of-women-soar/48280|url-status=live}}</ref> Although the Supreme Court of Justice in recent years has, in most cases, rejected the defense of "passion" in domestic homicides,<ref>{{Cite journal|url = https://www.cambridge.org/core/journals/international-annals-of-criminology/article/abs/intimate-partner-homicides-passionate-crime-arguments-in-the-portuguese-supreme-court-of-justice/FF5DC6024F24D0FA12461B9DE6D0A86B|doi = 10.1017/cri.2020.24|title = Intimate Partner Homicides: "Passionate Crime" Arguments in the Portuguese Supreme Court of Justice|year = 2020|last1 = Pontedeira|first1 = Cátia|last2 = Quintas|first2 = Jorge|last3 = Walklate|first3 = Sandra|journal = International Annals of Criminology|volume = 58|issue = 2|pages = 193–216|s2cid = 231955661|access-date = 2021-09-14|archive-date = 2021-09-14|archive-url = https://web.archive.org/web/20210914232153/https://www.cambridge.org/core/journals/international-annals-of-criminology/article/abs/intimate-partner-homicides-passionate-crime-arguments-in-the-portuguese-supreme-court-of-justice/FF5DC6024F24D0FA12461B9DE6D0A86B|url-status = live}}</ref> such defense remains open to use due to the legal framework of [[murder (Portuguese law)|murder in Portuguese law]], namely article 133. This article is very broad in scope, is subject to interpretation, and has a very low punishment of only 1 to 5 years, which due to the regulations of the Portuguese Penal Code, usually results in suspended sentences. This article, called "Privileged homicide" (''Homicídio privilegiado'') states that when the murder takes place under an understandable violent emotion, compassion, despair or other socially or morally relevant motive, such as to significantly diminish the murderer's degree of guilt, the punishment in this case is 1 to 5 years.<ref name="dre.pt">{{cite web |title=Decreto-Lei n.º 48/95 - Diário da República n.º 63/1995, Série I-A de 1995-03-15 |url=https://dre.pt/web/guest/legislacao-consolidada/-/lc/107981223/201708230300/exportPdf/normal/1/cacheLevelPage?_LegislacaoConsolidada_WAR_drefrontofficeportlet_rp=indice.pdf |url-status= |archive-url=https://web.archive.org/web/20210914232155/https://dre.pt/web/guest/legislacao-consolidada/-/lc/107981223/201708230300/exportPdf/normal/1/cacheLevelPage?_LegislacaoConsolidada_WAR_drefrontofficeportlet_rp=indice.pdf |archive-date=2021-09-14 |website=dre.pt}}</ref> Furthermore, the Criminal Code under Articles 71 and 72, provides guidelines to sentencing for crimes, making reference to honorabale motives and provocation by the victim.<ref name="dre.pt"/> The international GREVIO expert body which is responsible for monitoring the implementation of the [[Istanbul Convention]] by the State Parties (which include Portugal) has called on the Portuguese authorities to reform the Criminal Code, to ensure that it is compatible with article 42 of the convention,<ref>{{Cite web |title=GREVIO Baseline Evaluation Report |url=https://rm.coe.int/grevio-reprt-on-portugal/168091f16f |url-status=live |archive-url=https://web.archive.org/web/20201228031943/https://rm.coe.int/grevio-reprt-on-portugal/168091f16f |archive-date=2020-12-28 |access-date=2021-09-14}}</ref> which states that "Parties shall take the necessary legislative or other measures to ensure that, in criminal proceedings initiated following the commission of any of the acts of violence covered by the scope of this Convention, culture, custom, religion, tradition or so‐called “honour” shall not be regarded as justification for such acts. This covers, in particular, claims that the victim has transgressed cultural, religious, social or traditional norms or customs of appropriate behaviour."<ref>{{Cite web |title=Council of Europe Convention on preventing and combating violence against women and domestic violence |url=https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168046031c |url-status=live |archive-url=https://web.archive.org/web/20160708000957/https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168046031c |archive-date=2016-07-08 |access-date=2021-09-14}}</ref>

Portugal was one of the last European countries to decriminalize adultery - the adultery law (which treated female and male adultery differently) was repealed in 1982, and the punishment for female adultery in the 20th century in Portugal was one of the most severe in the Western world.<ref>The maximum punishment of 8 years that existed in Portuguese law thought the 20th century [https://eg.uc.pt/handle/10316/102748?locale=pt] was unusual for a developed country; in France, the French Penal Code of 1810 provided for a maximum of 2 years for female adultery,[https://www.napoleon-series.org/research/government/france/penalcode/c_penalcode3b.html] reflecting the emerging 19th century trend of European countries of moving towards more lenient punishments. Culturally, in the [[Iberian Peninsula]], female [[chastity]] was seen as essential; in Spain, the adultery law was also strict, although it was more lenient than in Portugal (at the time of its repeal in 1978, in Spain the maximum penalty was 6 years; see [[Adultery in Francoist Spain and the democratic transition]]).</ref> With regard to homicide law, before 1975, the law provided for a symbolic punishment of only 6 months exile from the district for killing of a spouse or daughter under 21 caught in the act of adultery/premarital sex.<ref name="auto1">[https://eg.uc.pt/handle/10316/102748?locale=pt Amor Fati: On ‘Crimes of Passion’ in Portuguese Law]</ref> The ''Decree-Law 262/75 on 27 May 1975'' repealed article 372 of the Penal Code which provided for such mitigation;<ref>{{cite web | url=https://dre.tretas.org/dre/11848/decreto-lei-262-75-de-27-de-maio | title=Decreto-lei 262/75, de 27 de Maio | date=27 May 1975 }}</ref> nevertheless courts continued to routinely use general mitigation factors to give lenient punishments for husbands who killed out of jealousy or relationship breakup throughout the 1980s and 1990s; the concept of holding women as partly responsible for crimes committed against them extended to other crimes too, such as rape and kidnapping; for example in 1989 the Portuguese Supreme Court of Justice ruled that two hitchhiking young tourists who were kidnapped and raped had contributed to the crimes committed against them.<ref name="auto1"/> It was only in the 21st century that a different attitude started to be more commonly adopted by the courts, as public and political discourse against of domestic violence started to grow.<ref name="auto1"/>