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 местопрестъплението (602)

1. MEASURE IMPLEMENTATION

Португалия

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

Yes, it is posible, the vist or search on spot in order to examine posible remains that may have left by the criminal, as well all the evidence relating to how and where it was commited, the people who committed or on which it was committed. It can be posible to rebuild or remake the commiting of the crime, reproducing, as faithful as possible, the conditions in which it is alleged or presumed the crime took place when necessary to establish if an act could have been committed in a particular way.vThis can be done during the trial by the court as well in the investigative phase with the intervention of the persons whose presence is considered necessary for this purpose.

2. LEGAL FRAMEWORK

Португалия

International legal framework applicable for this measure in your Member State

European Convention on Mutual Legal Assistance in Criminal Matters of 20 April 1959 Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

3. COMPETENT AUTHORITY TO:

Португалия

* receive the request/decision for judicial cooperation

In the investigative phase, the competent Prosecution Service in the local where the request will be carried out; the competent judge - the examining judge or the trial court - in the same conditions.

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

N/A

4. ACCEPTED LANGUAGES

Португалия

Accepted languages for the request/decision

Portuguese, French or Spanish

5. EXECUTION DEADLINE

Португалия

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Португалия

a. Special requirements

Unless other required, which is allowed by the european conventions on mutual legal assistante of 1959 and 2000, the requests will be executed in accordance with Portuguese law. When the reconstitution of the crime conditions is requested, the request must contain a concise but full statement of the investigation or charge or the indictment; the assistance will take place with the intervention of all participants indicated in the decision and its implementation can be take place using audiovisual media and can be designated expert to perform the operations needed.

b. Other useful information

The authorities from the issuing country could be authorised to participate as observers or assistants in the execution of the requested acts.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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