In short: a conviction is not the end of the story — it opens a process with its own rules, deadlines and opportunities, before the Sentence Enforcement Court (TEP). A person serving a sentence, and their family, has more room than they think: credits, alternative penalties, prison leave, parole and, at the end, a clean record. This note maps it out, statutes in hand.
The sentence starts counting before it starts: time credit
All time spent in detention, pre-trial custody or house arrest during the proceedings is credited in full against the prison sentence (article 80 of the Criminal Code). Once the conviction becomes final, the sentence is formally computed — the halfway point, the two-thirds mark and the end date — and judicially approved. Checking that arithmetic is the first act of defence at the enforcement stage: an error of weeks delays leave and parole, and the computation can be challenged.
Not every prison sentence is served in prison
Up to certain limits, the law prefers alternatives that meet the purposes of punishment: suspended execution for sentences up to 5 years, with or without probation conditions (article 50); house confinement with electronic monitoring for sentences up to 2 years (article 43); community work for sentences up to 2 years (article 58); and replacement by a fine for sentences up to 1 year (article 45). That battle is fought at trial and in the reasoning of the judgment — arriving at enforcement with the right penalty is half the journey.
Inside prison there is a path: regimes and leave
Serving time is not static. A prisoner may be placed in open regime inside the prison after serving one sixth of the sentence (article 14(3) of the Enforcement Code — Law no. 115/2009), and in open regime outside after one quarter of the sentence and one successfully completed court-authorised leave (article 14(4)). Court-authorised leave (licenças de saída jurisdicionais) is granted by the TEP for up to five or seven consecutive days depending on the regime, and may be taken every four months (articles 78 to 80 of the Enforcement Code); short-duration and special leave also exist. Every successful leave builds the case for the next stage.
Parole: half, two thirds, five sixths
With the prisoner’s consent, the TEP grants parole at the halfway point of the sentence (minimum 6 months served) where the prisoner can be expected to lead a socially responsible life and release is compatible with public order and social peace; at two thirds, the favourable prognosis alone suffices (article 61(2) and (3) of the Criminal Code). For sentences above 6 years, release on parole at five sixths is mandatory (article 61(4)). Parole lasts for the remainder of the sentence, up to a maximum of 5 years, and may be anticipated by up to one year under electronic monitoring (article 62). Breach can lead to revocation — and a return to serve the balance.
A real fresh start: erasing the criminal record
Convictions do not stay on the certificate forever: definitive cancellation occurs 5, 7 or 10 years after the sentence is extinguished, depending on its length (up to 5 years’ imprisonment; between 5 and 8; 8 or more), provided there is no new conviction in the meantime (article 11 of Law no. 37/2015). Certificates requested for employment do not mention cancelled decisions. For those who have served their sentence, this is a statutory right to start over — worth planning, not merely awaiting.
Mind the calendar: September changes the board
On 01/09/2026 the criminal procedure reform (Law no. 34/2026) and the new asset forfeiture regime (Law no. 37/2026) enter into force — the latter with direct impact on the assets of convicted persons and of third parties, even without a conviction. On both, see our Criminal note from the 13 August edition: Criminal: confiscation without conviction, contested CPP reform and Sky ECC evidence upheld. In sentence enforcement, deadlines run inside the walls — the family may at any time instruct a lawyer to apply to the TEP for whatever the law allows.
This note is provided for information purposes only and does not constitute legal advice. For advice on your specific case, please contact us.