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    The content of these observations is an abstract of several articles published in the "Judiciary Police Newsletter" under the heading "Cooperation Between Police and Citizens", i.e.: definition of several categories of offences and the penalties that they incur, as well the handling of criminal proceedings and other tasks under the jurisdiction of this Police.

How Judiciary Police Enforces the Law  |Crime definitions and penalties|

1 .
Someone threatened me in the beginning of the last year. At that time, I chose not to file a complaint. Nowadays I feel rather discomfort whenever I start thinking of what had happened. Will I still be able to proceed against him?
 
 
Article 147 of the Penal Code provides that threat is a semi-public offence. First of all, the victim or his/her legal counsel should report the crime to the judiciary, and request for a criminal liability. The criminal proceedings against the offender will be based on the complaint. On the other hand, Article 107 of the Penal Code provides that the right to report a semi-public offence shall last until the crime prescribes. However, the party who is entitled to request for a criminal liability shall exercise his/her right within 6 months term, as of the date of the offence or the one that he knew about the facts.
In the case in point, the threat had occurred in the beginning of the last year, which means more than six months ago and, consequently, you are no longer entitle to file a complaint related to that incident.
 
 
2 .
I have read sporadic reports in the newspapers about people who have been unlawfully seized by loan sharks and, while in custody, they were forced to contact family members to pay ransom money. Why the loan sharks are charged with illegal imprisonment and not abduction, following their arrest?
 
 
In abduction cases the culprit uses violence, threat or trick to seize a person with the intent to: submit the victim to extortion; commit an offence against the victim's sexual freedom and self-determination, obtain ransom or compensation, compel the public authority or a third person for an action or omission, or to back up an activity. These characteristics are not applicable to cases of illegal imprisonment. In these cases what it needs is the intention to deny freedom to a third person.
Hence, when the victim is taken to the place where the loan shark denied him/her freedom, with the intent to extort by means of violence, treat or means of persuasion, the crime is classified as abduction. When the victim is taken to the place where he/her was denied freedom without the use of violence, threat or trick, the crime is classified as illegal imprisonment. .
 
 
3 .
Last month a friend of mine borrowed me some money, and he promised that I would get it back in one-month time. He gave me his mobile number to make it easier for me to get in touch with him. After that, I have been unable to get hold of him, and I thus believe that I might have been conned. My question is: can I file a complaint with the Judiciary Police?
 
 

As a matter of fact, cases that involve lending money amongst friends are not unusual. However, any person who borrows money and knowingly, right from the beginning and at the time that the loan was taken, that he/she would not pay it back and vanish from de creditor to avoid reimbursement might have breached the law. In short, we will say that he or she who intentionally fails to repay a debt, causing asset damages to a third party as a result, is liable to be charged with deception.
According to the provisions of the Penal Code, deception takes place when a person deliberately tries to accrue illicit gains for himself/herself or for a third party and/or orchestrate techniques to induce other persons in error or mislead them to do something that would cause asset damages to themselves or someone else.
It ought to be mentioned here that deception is a semi-public offence, meaning that the plaintiff must provide evidence to support his/her claims that the debtor had previously intended not to pay back the money involved when he/she asked for a loan. Should the debtor have the intention to reimburse when the loan was taken, and after that he/she finds himself/herself in a situation that makes him/her unable to repay, it won't be a crime if he/she vanish to avoid repayment. In these circumstances, the creditor must proceed in a civil lawsuit to claim damages.

 
 
4 .
On public holidays, I normally invite friend to play mah-jong in my place. I would like to know if we might be subjected to prosecution should we talk too loud during the games. I was told that we might also be charged with illegal gambling. Is that true?
 
 
It is not a wrongdoing when family members and friends get together at home to enjoy themselves playing mah-jong on public holidays. However, you must be careful not to be too noisy and should avoid disturbing others in any way.
Law No. 8/96/M governs the Illegal Gambling. This piece of legislation provides that those who play mah-jong after mid-night, and disturb the peace and rest of the neighbourhood with noise or in any other way might be liable to prosecution. This type of behaviour is deemed to be an administrative offence, and the offender is liable to imprisonment for a maximum 1 year term, and the others involved are liable to a fine of up to MOP$1.000,00. This figure will be twice as much in cases of contumacy.
We shall also bring to light that any person who plays mah-jong with intent to make profits, even if it happens in a private house, is liable to be jailed for up to 1 year or face a fine. Players are also liable to a fine of MOP$10.000,00.
Let's recall that one must be careful not to make noise while playing mah-jong in a private house so as to avoid disturbing others and breaching the law. Above all, keep away from illegal gambling.
   
 
5 .
I’m the owner of a shop and, lately, I’ve been at odds with the owner of the shop next-door, over the placement of goods. We had another argument today, and he grabbed a pair of scissors and yelled at me: “I’ll kill you!”
Although he did not cause me any harm, I really got scared of him because he looked so mean. Since I’m afraid that one day he might get heavy on me, I would like to know if, under the circumstances, I could file a complaint with the police.
 
 

According to the provisions of the Criminal Code, Article 147: “Any person who threatens another with killing, assault; deprivation of personal liberty or sexual self-determination, or assets of considerable value; use adequate means to cause fear or unrest, or harm his/her freedom of choice”, constitutes an offence of threat.
Still on the same subject, and in spite of the fact that the perpetrator didn't actually use any kind of violence, but simply made a verbal threat by saying: “I'll kill you!” one must take into account the definition of the offence “actual threat”, as provided by the Criminal Code. Considering that the wording of the perpetrator actually caused fear and unrest to the person to whom they were addressed, we would say that we are probably dealing with a case of actual threat, which is a criminal offence.
We therefore appeal to the citizens to seek help to this Police, should they find themselves in similar situations and, under extreme circumstances, they may also call the PSP to come to their aid, so that they can promptly get the situation under control.

 
 
6 .
Very recently, a small group of youngsters move into the apartment next to mine. These teenagers are inclined to get together quite often. They are irreversibly noisy and look light-headed to me. All of these made me think that they might be throwing “drug parties” in their apartment on a regular basis. Bearing this in mind, may I ask: would I be entitled to file a complaint with the police, even though I lack of any substantial criminal evidence of their conduct?
 
 

Taking drugs can be a health hazard in many ways, and an overdose might put one’s life at risk. Drug taking is a crime. Articles 9, 16 and 17 of the Decree-law No. 5/91/M, provide that drug taking, trafficking in dangerous drugs, and making available premises for “drug parties” are public offenses. As such, any person is entitled to file a complaint with the police. Should you suspect that your neighbor is taking drugs, trafficking in drugs, or throwing “drug parties”, you shall let this Police know about it, so as to enable it (this Police) to initiate an in- -dept investigation. You should immediately file a compliant with this police, whenever you witness your neighbor taking drugs or discover the tools for drug consumption.

 
 
7 .
My husband keeps beating me up, and I always choose not to file a complaint with the police, because I still value our marital relationship. However, I fear that my suffering might not come to an end. What shall I do?
 
 

In cases of domestic violence, the victim (and the victims are predominantly women) normally feels that one “should keep family scandals undisclosed”, and thus chooses to put up with them instead of filing a complaint with the police. This is the sort of secrecy that makes it impossible for the law enforcement agencies to come to the victims’ aid. Should you become a victim of violence, do not be afraid of any kind of discrimination. Instead, you should be game enough to seek help from social workers or institutions that provide social services, so that experts in this field can provide counseling to your aggressor, find out the motives of his behavior, and assist him to learn to control his feelings. This would help to solve his problem once and for all. Still on this subject, it ought to be borne in mind that violence, per se, is a criminal offence, and it might pose risks to one’s entire family. Having said this, and should the victim come across with threatening situations, she/he shall, in due course, file a complaint with the police, in order to safeguard her/his own well-being and those of the family members, respectively.

 
8 .
I met some new friends recently. Once, they asked me to bring some drugs to an internet café to give to a man, and said that they would give me 10% of the reward. I know bringing drugs is illegal, but at the same time, I don’t want to offend them. I want to ask if I find someone else to bring the drugs for them and do not participate in it myself directly, is it illegal?
 
 

In accordance with the stipulations as stated in Article 8 (Trafficking and Illegal Activities) and Article 9 (Small Amount Trafficking) of Law No. 5/91/M, illegal possession of drugs for the purpose of trafficking, even if it is just a small amount of drugs, is still considered a criminal offence, and is liable to imprisonment or a penal sum. Therefore, never be lured by money to traffic drugs, as this is a crime. Once convicted, your life will be affected.
Besides, never introduce anyone to participate in drug trafficking. This is because according to Article 25 of , although you do not traffic the drugs yourself, the fact that causing someone else to traffic drugs deliberately, as long as the fact has been carried out or began, is also chargeable with the crimes stipulated in Article 8 or Article 9 of Law No. 5/91/M. Hence, if you know anyone selling or trafficking drugs, you should report the case to the Judiciary Police immediately, so that we can conduct investigation as soon as possible, to tackle drug crimes.

 
9 .
I found a camera that I wanted on a shopping website recently. The price of the camera is a lot cheaper than its market price. However, my friend told me that it could be a trap. How can I tell if the transaction is safe or not?
 
 

Online shopping inevitably is convenient for people to shop from their homes. However, unscrupulous people will use the internet as a channel to sell stolen items or carry out scams. Thus, we suggest that when shopping online, if the price of the product is found much lower than the normal price, or when the seller cannot show his/her real identity, or even refuses to provide the basic source or information of the product, the general public should be more alert and avoid buying the product which may be obtained illegally. It can be just a scam, and the buyer may not be able to obtain the product after payment. If being cheated unfortunately, the case should be reported to the police immediately. Never give up the right to report because it is troublesome or the amount being cheated is not much. To protect one’s own rights and interests, the general public should consider shopping at shops with credibility that protect the customers’ rights to demand repayment.

 
10 .
I heard from my friends that some people wanted to recruit youngsters to bring drugs from Zhuhai to Macao. If successful, they can get $100 as a reward. I know that Macao’s law has the concept of “age for legal liability” and related provisions. If there really are some youngsters making use of the protection that the law gives to them to traffic drugs, what measures can the court and the police take against them?
 
 

According to Macao’s law, the age for legal liability is 16, but minors aged between 12 to 16 who have committed criminal offences have to pay their costs too. Based on the stipulations as stated in Law No. 2/2007 , the following eight educational guardianship measures can be applied to that particular under-aged person, depending on the nature of the offence and the graveness of the case, including: police caution, judicial admonishment, restorative approach*, compliance with behavioural rules, community service order, probation order, short-term dormitory stay and holding in custody, etc. Amongst all, holding in custody is the most severe measure, the person being held in custody will accommodate in a juvenile probation home for a certain period of time. The measure is applicable to more severe crimes, such as drug trafficking as mentioned above.
In the above-mentioned situation, trafficking drugs from the mainland to Macao is considered a transnational crime, and if this is found out by the mainland policing authorities, they will also press charges against the Macao people who have committed the drug crime. Therefore, young people should not try to defy the law and ruin their own future. If you know that anyone abets the commission of a crime, you should also report the case to the police.

* Calling in people who involved in illegal activities to attend restorative meetings. The purpose is to let those who have conducted an illegal behaviour to know their wrong doings, to sincerely repent and to gain the victims’ forgiveness.

 
11 .
I always witness the husband and wife next door beat and scold their son. Besides that, they always maltreat their son. I cannot bear to see a child to get this kind of treatment. However, I am just their neighbor. Will the police accept my report?
 
 

According to the “Penal Code”, abusing minors is a criminal offence, and it is a public crime, that means anyone can report it to the police. Hence, when child abuse is suspected, the general public can call our report hotline 993 to seek for help. Once we have received the report, we will investigate, in the light of law, whether there is a child abuse crime or not. Moreover, the general public can also inform the child’s teacher, or contact the concerned social worker to follow up.

 

 

   
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