Portuguese Crime Reduction Act

The "Crime Reduction Act" is a fictional creation that forms the foundation for the "Don't Drink and Drive" story series and future narratives in the same universe. Set in an alternative contemporary Portugal. I have no legal training and English is not my first language, so this law may seem poorly crafted. I tried to be as grandiose and formal as I could. Anyone can use this law as a basis for their own stories or suggest changes to it.

===Crime Reduction Act - Republic of Portugal 2020===

=Definition and Purpose=

Given the widespread sense of impunity and the increase in cases of non-violent crimes, particularly of a fiscal and road nature, as well as corruption and influence trafficking crimes, the legislator deemed it necessary to proceed with significant modifications to the penal and legal system.

Introduction of a judicial slavery system in favor of victims of crimes or the state in complementarity with existing prison sentences and fines.

Reintroduction of corporal punishment as a penalty for minor crimes or as an ancillary penalty.

Simplification of the 1976 judicial process code by removing the suspension effect of appeals, limiting the number of possible appeals, and including the possibility of increasing the penalty for appeals without a valid reason.

Introduction of the death penalty for particularly serious crimes and for repeat offenders.

Introduction of electronic and neurological means of evidence, commonly known as lie detectors, in investigations and trials to eliminate judicial errors and ensure the certainty of guilt or innocence.

Reduction and simplification of the number of crimes defined by law, as well as a standardization of penalties.

===Penalties and Their Implementation===

===Death Penalty===

For particularly violent criminals, criminals belonging to organized crime groups, or repeat offenders, the legislator determines that it is not beneficial for society to spend resources on their incarceration and rehabilitation, nor would it be safe to make them available as judicial slaves. Therefore, after the final judgment of the sentence, they must be publicly executed, with the method of execution determined by the presiding judge after consulting the victims or their representatives.

Convicts sentenced to imprisonment or slavery may request execution at any time, in which case they have the right to choose the method of execution and whether it will be carried out publicly or privately.

The remains of the executed criminals will, if possible, be used for scientific purposes or organ donation, or if not possible, used in the production of agricultural fertilizer.

===Corporal Punishments===

The court may determine the application of corporal punishments either as an ancillary penalty or as a sole penalty.

It is recommended to replace fines and prison sentences of up to 3 years with corporal punishments, provided that is the will of the convict.

When corporal punishment is applied as an ancillary penalty, the will of the criminal becomes irrelevant to its application.

=Types of corporal punishments to be applied.=

The type and nature of the punishment should be left to the discretion of the court according to its assessment of the crime, with a recommended relation between the severity of the punishment and the gravity of the crime. The only two conditions to be respected in the choice of punishment to be applied are:

1) it must be physically and psychologically painful for the criminal as a punishment for the committed crime and as a deterrent for future crimes;

2) it must not cause permanent physical harm. (In the case of corporal punishment being an ancillary penalty for death row convicts, the previous point becomes irrelevant.)

The execution of a corporal punishment sentence can and should be creative, the fact that the court has sentenced someone to a specific type of punishment only requires that form of punishment to be applied but does not prevent additional forms from being added to make the punishment more effective.

===Judicial Slavery===

Following the advances made in neuroscience and behavioral induction by Professors Nuno Pereirinha, and Fernando Damásio, largely based on the work of Professor Egas Moniz, it became possible to a large extent to control individuals' behavior through neuro-electrical stimuli. Therefore, the legislator understood that, as an experimental measure initially and depending on the success of the project in general, all non-violent crimes or non-intentional crimes could be replaced by a sentence of judicial slavery.

=Duration and Determination=

The duration of Judicial Enslavement will be determined based on the severity of the offense committed by the criminal. The criminal will always have the option to choose between imprisonment or the death penalty. As the legislator understands that slavery is a more effective and severe punishment, it is recommended that the period of slavery be shorter than the prison sentence.

Although the attribution of slave ownership also aims to compensate the victim, no one can be deprived of their freedom solely due to debt or as a result of compensation resulting from civil proceedings.

The criminals convicted of crimes against the state or those whose victims choose not to keep the slave are to be sold at auction. This is the only form of slave trade considered legal. The purchase and sale of slaves between individuals is permitted only in very exceptional cases and with a license from the Ministry of Justice.

After being convicted and accepting the sentence, the slave must be conditioned so that through the application of neurological and neuro-electrical programming. The programming of the slave obeys the laws of robotics as written by Isaac Asimov, with the slave becoming a human robot, whose degree of autonomy can be defined by its owner.

=Conditions of Judicial Enslavement=

During the period of Judicial Enslavement, the individual will be stripped of all autonomy and forced to serve their owner in any and all activities dictated by them, no matter how degrading or inhuman they may be, provided that no permanent damage be done.

The owner will be appointed by the court and will have complete authority over the enslaved individual, with powers to impose discipline and restrictions as necessary.

The owner has full authority to administer punishment upon the enslaved individual at their discretion, as long as it does not cause irreparable physical damage.

Notwithstanding the provisions of the previous articles, the owner must refrain from causing gratuitous pain or humiliation to the enslaved individual.

The owner of the enslaved individual has the exclusive right to determine the social and professional interactions of the individual during the period of Judicial Enslavement.

In professional situations, the owner has the power to decide on employment, workplace, and the type of activity the slave will engage in.

In social interactions, the owner has the right to establish the individual's relationships with other citizens, determining who can or cannot interact with his/her slave in social environments.

=Rights of the Enslaved Individual=

The enslaved individual has no say in their own fate. Their existence is solely for the benefit of their owner, who controls every aspect of their life. They are allowed basic needs such as food and health, but all other rights are stripped away. The concepts of personal property, free will, self-image, intellect, and even sexual identity are deemed irrelevant. Their existence is at the mercy of their master's whims and desires.

This limitation of the individual rights of the slave to their owner is not extendable to other citizens except by the owner's decision. Slaves must obey other free citizen's orders, but only if those orders do not conflict with the owner's orders or the common law.

In addition to compensation for the owner and punishment for the slave, the use of judicial slavery serves as a deterrent for crime, so whenever possible, the slave should be identified as such to society, either through the mandatory display of the control collar, use of a leash, or by other means. Public nudity although legal is discouraged and an owner must cover his/her slave if so asked by a free citizen.

The slave must work, either for their owner or for third parties if the slave works for a third party all the proceeds of this work will be fully owned by the owner after taxes.

The slave who works for third parties retains all labor rights, and duties, except for monetary remuneration, which belongs to the owner. In hierarchical institutions the slave maintains the rank and authority even over their owner if that was the case prior to enslavement and the slave is allowed or obliged to maintain that job.

=Monitoring and Oversight=

Compliance with Judicial Enslavement will be closely monitored by the authorities to ensure compliance with the established conditions. The link between slave and owner is to be evaluated periodically always to monitor and improve the program.

Violations of the conditions will be treated severely, potentially resulting in additional penalties or transfer to a more restrictive regime.

=Termination and Reintegration=

Upon the conclusion of the period of Judicial Enslavement, the individual will be reintegrated into society.

Public records of the enslavement experience will be maintained indefinitely, and the former slave can be used to help train new slaves if needed. This collaboration should be remunerated.

Non-Portuguese criminals Are automatically expelled from Portugal forever, the same applies to any non-Portuguese relatives of the said criminal living in Portugal at the time of the crime.

=Sexual Activities and eventual offspring.=

Slaves do not have their own free will when it comes to sex, type of sexual activity, or gender of their partners; that choice solely belongs to their owner.

In the context of judicial slavery, it is a common practice to administer birth control to both male and female slaves. However, it is within the rights of the owner to choose to breed a slave, irrespective of their gender.

Slaves are restricted to engaging in sexual activities exclusively with their owner or individuals designated by the owner.

Engaging in prostitution with enslaved individuals is a heinous offense and will be prosecuted to the fullest extent of the law as pandering. Prostitution is defined as allowing others to have penetrative sex with one's slave for material gain in a regular manner. Oral sex and any form of sexual activity that does not involve the penetration of the vagina or anus does not constitute prostitution under the law.

Anyone who offers their slave's sexual services as a complement to another service does not incur the crime of pandering as long as they do not do so regularly.

Children born to enslaved mothers shall be placed under the custody of the father, with all the rights afforded to free citizens, provided the father is the owner or a person authorized by the owner to engage in a relationship with the enslaved woman.

The breeding of slaves as surrogate mothers is subject to the same law that applies to free women. And cannot be the subject of remuneration.

The trade of slave's ovules milk or sperm is allowed, and any profits revert to the the owner.

Frozen embryos in which one or both donors are slaves are the property of the slave owner or of the free donor even after the slavery sentence is over.

If a female slave engages in sexual relations with an unauthorized person, she is subject to the crime of disobedience, and the accomplice is subject to the crime of rape, with the respective punishments. In the case of a resulting pregnancy, the owner has the option to terminate it or allow it to come to term, with the child either placed under their guardianship or handed over to the care of the state.

Male slaves who engage in sexual relations with free women, other than their owners or as designated by them, are guilty of rape and should be summarily executed.

It is recommended that male slaves not emasculated by court order should be by their owners if they do not intend to use them for sexual activities.