Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Португалия

Агресивно обискиране на лицето (302)

1. MEASURE IMPLEMENTATION

Португалия

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Invasive body searches of persons comply with the provisions concerning the examination of places and things. The examination checks the traces left by a criminal offence and any clues as to the way in which it was committed and where it took place, the persons who committed it or the victims thereof. Examinations and specialist examinations carried out on persons in order to assess damage resulting from bodily attacks or injury to health in the context of criminal law are performed by forensic establishments and forensic surgeries.

2. LEGAL FRAMEWORK

Португалия

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of European Union and Convention of the Application of the Schengen Agreements.

3. COMPETENT AUTHORITY TO:

Португалия

* receive the request/decision for judicial cooperation

The judicial authority presiding over the relevant stage in the procedure.

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Португалия

Accepted languages for the request/decision

Portuguese or French.

5. EXECUTION DEADLINE

Португалия

Deadlines for the execution of the request/decision (where applicable)

Not applicable.

6. CONCISE LEGAL PRACTICAL INFORMATION

Португалия

a. Special requirements

Requests for mutual assistance addressed to Portugal are processed in accordance with Portuguese law. However where the other State expressly requests it, or if there is an agreement, treaty or international convention to that effect, assistance may be granted in accordance with the law of that State, as long as it is not incompatible with the fundamental principles of Portuguese law and does not seriously endanger those involved in the procedure. When a person intends to avoid or oppose an examination, the competent judicial authority can oblige him/her to submit to it. Only the person conducting the examination and the competent authority are permitted to be present but the person to be examined can be accompanied by a person of his/her trust, provided that this does not entail delaying the examination. In order to ensure that expert forensic examinations are carried out correctly, forensic establishments and forensic surgeries are authorized, whenever necessary, to receive reports of crimes and to take appropriate precautionary measures in order to preserve evidence, in particular by examining the traces of a crime and forwarding those reports to the Public Prosecutor's Office as soon as possible. If such establishments and surgeries do not carry out autopsies, forensic autopsies must be performed under the supervision of the judicial authority concerned.

b. Other useful information

The Minister of Justice may authorize the participation of foreign judicial authorities and criminal police in criminal proceedings to be carried out in the Portuguese territory. Participation is permitted under compliance of the reciprocity condition and only by way of assistance to the Portuguese judicial authorities or criminal police concerned in the proceedings, whose presence and direction is mandatory in all cases.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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