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

Инспектиране и претърсване на жилища (601)

1. MEASURE IMPLEMENTATION

Португалия

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

Yes. A search or house search are ordered when there are indications which make it reasonable to believe that objects which are connected with a crime or the accused or someone who should be detained are located in private premises or places not accessible to the public.

2. LEGAL FRAMEWORK

Португалия

International legal framework applicable for this measure in your Member State

European Convention on International Cooperation in Criminal Matters (also art. 51, a), of the Schengen Convention).

3. COMPETENT AUTHORITY TO:

Португалия

* receive the request/decision for judicial cooperation

In the investigative phase of the proceedings, the Prosecution Service competent in the area in which the search must be carried out; in case of house searches, it will be needed a judicial authorization.

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

These measures are ordered by the competent judicial authority (which ought to preside over them as far as possible): the prosecution service. Home visits, searches in bank and health premises and lawers, councelors, solicitors and doctors offices are ordered by the examining magistrate. The criminal investigation body can proceed without prior authorisation of the juidicial authority to carry out house searches in the following cases: a) terrorism and violent or highly organised criminality in the event of urgency or danger to persons or: b) if the person targeted gives their express consent or: c) in the case of detention of a suspect caught red-handed committing a crime for which the penalty is imprisonment. Home visits may also be ordered by the public prosecutor in the cases set out in items a) and b) above.

4. ACCEPTED LANGUAGES

Португалия

Accepted languages for the request/decision

Portuguese, Spanish, French

5. EXECUTION DEADLINE

Португалия

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

The home search must be executed up to 30 days after the warrant that authorizes it.

6. CONCISE LEGAL PRACTICAL INFORMATION

Португалия

a. Special requirements

Before proceeding to a house search, a copy of the decision ordering it is shown to the persons to whom the location targeted is available. This warrant must state that the person may be present whilst the search is being carried out and be accompanied by or substituted by a person in whom they have confidence who must present themselves as quickly as possible. If the persons mentioned above are not available, the copy is handed as quickly as possible to a relative, neighbour, caretaker or someone replacing these. House searches of inhabited premises or one of its enclosed outbuildings may be carried out by order of a Judge only between 07.00 H and 21.00 H under penalty of being declared null and void. The search to take place in a lawyer’s chambers or doctor’s office must be presided over by the Judge himself under penalty of being declared null and void. The Judge must in this case give prior notice to the President of the local Bar Association or Medical Council so that the latter or his deputy may be present. If the search is to take place in official health premises, the President of the managing council or administration of the establishment must be informed accordingly.

b. Other useful information

The participation of foreign legal authorities and criminal police in activities associated with criminal proceedings which have to be carried out on Portuguese territory may be authorised prior to the execution by the Minister of Justice; such participation is permitted exclusively by way of assistance to the competent Portuguese legal authority or criminal police responsible for such activities.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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