Burglars and their rights in Portugal

Guest · Post by **Guest** » Tue Nov 02, 2004 7:45 pm

In the UK if someone breaks into your premises and you injure them you can be charged with assault.

Does this law also apply in Portugal, out of curiosty?

PeterJ · Post by **PeterJ** » Tue Nov 02, 2004 8:04 pm

I would imagine that yes you would, assault is assault anywhere in the world, easier to ring the police and much safer also as you could be the one who is assaulted....

kteee · Post by **kteee** » Tue Nov 02, 2004 8:08 pm

I heard years ago that if you injured someone on your property (who shouldn't be there obviously) that it was ok, but you couldn't chase them off the property then catch them and attack them.

Don't know if this is still the case....

Guest · Post by **Guest** » Tue Nov 02, 2004 8:58 pm

Out of interest then if somone had broken into your villa was walking off with your laptop and rolex you could not stop them for fear of injuring them and being charged with assualt

I know we are mad in the UK but in Portugal also?

Gambrinus · Post by **Gambrinus** » Wed Nov 03, 2004 12:50 am

I think the term applied here is adequate response.

If you catch a burglar on your premises, you may soften him up a bit (he tripped over his shoelaces, officer) but you may not attack him with a weapon. Unless, of course, he holds a weapon - then you are allowed to take up arms to defend yourself. Again, you should take care not to be excessive (this is where it becomes tricky) - if the terms are equal (knife/knife - bat/bat - gun/gun) it will be self defence - if he comes at you with a can opener and you blow his head off with a 12 gauge, you are likely to end up behind bars.....so aim for the kneecaps instead.

Realistically, if somebody is roaming around your house in the dark night, you will probably not stop and ask if he is armed and what with, you will most likely immobilize first and ask questions later. In Portugal you will still be in the right as long as you are defending yourself, your family and your property.

cowboy · Post by **cowboy** » Wed Nov 03, 2004 2:22 am

In mean, nasty, violent Texas, and as far as I know the South in general, you can shoot to kill anyone who breaks into your home for whatever reason.

Say what you will, but anyone will think twice before breaking into a home here if they think someone might be there.

Or you could get a large dog.

Seriously, What would do if someone broke into your home in the middle of the night and your children were there?

Mr. G brought up the concept of " adequate response".

My question is, how do you know what is an " adequate response" is in that situation?

And if your responce is inadequate....then what?

Gambrinus · Post by **Gambrinus** » Wed Nov 03, 2004 9:37 am

An adequate response imho, is to imobilize the thief without causing serious bodily harm or death (frying pan over the head).

I guess this does become a problem when firearms are involved.

Guest · Post by **Guest** » Wed Nov 03, 2004 11:54 am

This is not written in stone but is a fairly good rule of thumb ..if the hure is comming up the stairs i.e towards the bedrooms having passed the reception,living room etc thus also the telly dvd sound system it can be deemed that he is now a threat to you and your family, you may shoot him with impunity..front on ....if he is ENTERING your house it is not up to you to decide his motives.robbery ,murder whatever... shoot him ..in fairness the gray areas come in such as you supprise a burgler and your standing between him and his only escape route...basicly if you feel you or your family are in danger do what you will, if its just your propery thread softly...handy hint a double barrelled shotgun will give you the chance to turn him over and shoot him in the front just in case he turns at the first shot .
gerry cullen.

Guest · Post by **Guest** » Wed Nov 03, 2004 2:56 pm

If anyone wants an anti burglar tip they could do what I do - leave a household appliance in front of doors ie. broom or vacuum preferably with lead looped round on floor a few times. So many times I have gone downstairs in dark for midnight snack, forgotten things are there.............and nearly broken neck

And if you've got kids a few toys especially wheeled type left on stairs should really finish them off-the burglars I mean

?

Michael Crane · Post by **Michael Crane** » Wed Nov 03, 2004 3:10 pm

Anyone who breaks into my home while I am there will be in grave danger. I have a squash raquet by the side of the bed and I am not afraid to use it . ..

Michael Crane · Post by **Michael Crane** » Wed Nov 03, 2004 3:15 pm

Years ago my father's garden shed was broken into a couple of times and his electric drill and tools were stolen.

The police weren't interested so dad rigged up a booby-trap with a tin of paint and nails tied to the door, which, when opened would fall upon the intruder.

The following day the police were called to arrest a neighbour!

NB: his was way back. Long before the PC Police were around and we didn't live in a society where the victim was second to the perpetrator.

Guest · Post by **Guest** » Wed Nov 03, 2004 6:11 pm

forgot to mention the snooker ball burglar tip as well. Get snooker table for kids - the kids will never pick balls up unless threatened with a cue up backside

..........and once again if walking around upstairs in dark.........................

And if cat in house the noise they make during night with above snooker balls bouncing off skirting boards makes you think there is a burglar in house

Oh and if a tip comes off cue don't balance near a door as a reminder to glue it back on

Ellie · Post by **Ellie** » Wed Nov 03, 2004 7:15 pm

I didnt realise you were all so vicious on here !!

Gerry with double-barrelled shotgun!
Michael with a......squash racket

(that'll have 'em quaking in their shoes Mike

)
Paint fixed over doors..snooker balls left on stairs.......
how about a photo of mother-in -law on the front door ?
son-in-laws thinking of doing this..says its cheaper than keeping rottweiler...Oh I love it

(he loves me really

)

Guest · Post by **Guest** » Wed Nov 03, 2004 7:41 pm

Michael - the most lethal weapon available especially in Algarve is a.....................golf club!!!! If you've got one to hand---------- make use of it................I did -Dad used to keep them handy in garage-dont ask me whether it was a wood or an iron but it must have hurt when the local yob pinched my doll when I was 5 years old....and he was 10!!! Family still laugh at his Mother tearing round calling me lethal

He progressed at high school to hanging boys up on coat hooks and flushing heads down loo's so I suppose corporal punishment doesnt work

The knock on his head did him some good though - he's a well balanced bank manager now

Guest · Post by **Guest** » Wed Nov 03, 2004 8:28 pm

Hmmm

Some very interesting ideas. I like the paint on top of the door that definately has possiblities. You could replace the paint with snooker balls instead.

And its definately true about the hoover and wires. Not to mention the ironing board they leave up with the iron precariously balanced.

Still is there not some law that if someone comes into your house even univited and injures themself they could sue you?

I think at 5ft 2 attack is probably the best form of defence

Many thanks for responses joking and serious