The topic of protecting the elderly is frequently addressed by me here at Lidador Noticias, the last article being published on the day 15 June, with the title "Mandatory reporting of violence against the elderly", bringing up the subject again today, to remember that it has now been eight years since the “Elderly Protection Strategy” was approved, however, the crime of abandonment has not yet been criminalised., therefore the title of the article was stolen from a sketch of Gato Fedorento, with the same name.
Rogério COPETO
Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
The “Elderly Protection Strategy”, was approved by Resolution of the Council of Ministers No. 63/2015, of 25 August 2015 and aimed to reinforce the recognition of the rights of elderly people, areas, of non-discrimination, notably on grounds of age, promoting autonomy and participation, protection against violence and abuse, in social protection and employment, in promoting health and access to justice.
And following RCM no. 63/2015 was presented in the Assembly of the Republic the Bill 62/XIII/1, where the “41st Amendment to the Penal Code” is proposed (CP), approved by Decree-Law No. 400/82, of 23 of September, criminalizing a set of conducts that violate the fundamental rights of the elderly”, this Legislative Initiative having expired in 24 October 2019. The last change to the CP occurred last July, having Law no. 35/2023, of 21 July, changed the CP for the 58th time.
The “Elderly Protection Strategy” provides for the definition of a statute for elderly people, clearly expressing the rights of the elderly, similar to what already exists for the victims of domestic violence, and in addition to other measures, provided for the criminalization of some behaviors that violate the rights of the elderly, that never saw the light of day, because the Legislative Initiative to change the CP expired in 2019, as already mentioned.
The crimes that would be included in the CP aimed to punish conduct, that are still morally reprehensible today and that no one should practice them, but we know that the reality is not that, and frequencies have elderly abandonment news in hospitals, by whom is at your own risk, verifying that the solutions to these cases are the institutionalization of the elderly, when he could return to his home, Therefore, it is important and urgent to classify these behaviors as crimes, because they aim to prevent it and act as a deterrent to the practice of these behaviors.
There would be five types of conduct that were intended to be criminalized and included in the CP and the aggravation of the crimes of insult and defamation of a particularly defenseless person, due to age, deficiency, illness or pregnancy, and the crime of fraud.
So, If the Legislative Initiative had been approved, Article 201.°-A would have been created, with the title “Elderly”, where in five paragraphs five new types of crime would be typified.
"Who:
- Draw up a notarial act involving an elderly person who is, to data, noticeably limited or altered mental functions, in terms that make it impossible to make autonomous or informed decisions, without ensuring their legal representation;
- Coercing an elderly person who is, to data, noticeably limited or altered mental functions, in terms that make it impossible to make autonomous or informed decisions, to grant a power of attorney for the purposes of administration or disposition of your assets;
- Deny the reception or stay of an elderly person in a public or private institution intended for the hospitalization of elderly people, due to its refusal to grant a power of attorney for the purposes of administration or disposal of its assets or to make an asset disposition in favor of the institution in question;
- Abandoning an elderly person in hospitals or other establishments dedicated to providing healthcare, when the elderly person is in the care of the agent;
- Preventing or hindering elderly people’s access to purchasing goods or providing services of any nature, due to age; is punished with a prison sentence of up to two years or a fine of up to 240 dias.”
Article 184 would also be amended, aggravating articles 180., 181.º and 183.º and article 218.º with the introduction of a new paragraph “Action involves a plan, campaign or promotion designed to induce someone to purchase goods or services that they have not previously requested, carried out through telephone contacts initiated by the plan promoter, campaign or promotion”.
In previous articles we've covered the phenomenon of crime committed against the elderly, and despite the elderly population now representing almost a quarter of the population, less than 10% was a victim of crime, thus verifying the existence of a low criminal incidence among the elderly population, concluding that elderly people do not report the crimes of which they are victims, in particular crimes of abuse, fraud, teasing, "Tales of the vicar" and financial exploitation.
Even agreeing to the criminalization of conduct referred to above, we believe that work should continue to be directed towards prevention, especially in raising awareness and informing the elderly, to denounce all the crimes they suffer, knowing that the perpetrators are often family members or who are very close, or is mostly the elderly are victims of those who have the responsibility to take care of them and give the main difficulty comes from the old to formalize the complaint.
We also believe that any strategy to protect the elderly should involve all institutions working in this area, because these are leading institutions, who know the reality of the aging population and which can find on the net a solution to these problems.
