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

Призоваване на свидетели (701)

1. MEASURE IMPLEMENTATION

Португалия

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

If it is necessary to ensure that a person appears before the court, the legal authority or the criminal police authority to which this action would be delegated issues an order to that person to appear which shows the identity of the person and the date, time and place at which he must present himself and specifies the penalties for failure to appear without due cause; this warrant is served on the party concerned at least three days in advance unless grounds for urgency are provided. Witnesses are given notice to appear at the judgement hearing. Pursuant to article 145 of Law 144/99, on International Judicial Cooperation in Criminal Matters, mutual assistance in criminal matters comprises the service of documents; the taking of evidence; searches, seizures and examinations; the hearing of suspects, defendants, witnesses or experts; and providin informationa about portuguese criminal law and about criminal record. When required by the circumstances, and subject to an agreement between Portugal and a foreign state or international judicial entity, hearings may be carried out using real time telecommunication, under the conditions laid down by Portuguese criminal procedure law. Under article 154 of the same law, the request for intervention in foreign proceedings as a suspect, accused, witness or expert has no mandatory effect and the person concern may refuse attendance. Where the summoning for witness entails any threat of sanctions the Portuguese authorities must reject such request.

2. LEGAL FRAMEWORK

Португалия

International legal framework applicable for this measure in your Member State

Convention on Mutual Assistance in Criminal Matters between Member States of the European Union.

3. COMPETENT AUTHORITY TO:

Португалия

* receive the request/decision for judicial cooperation

The prosecuting magistrate or the Judge, depending on whether the action takes place before the judgement hearing or during it.

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

N/A

4. ACCEPTED LANGUAGES

Португалия

Accepted languages for the request/decision

Portuguese

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

This notification may be issued simply by sending it to the recipient by post or, if the foreign authority expressly so requests, in any other way compatible with Portuguese law. Proof of notification is provided by a document signed and dated by the recipient or by a declaration made by the Portuguese authority confirming the fact, form and date of the notification. This notification is deemed to have been given when its acceptance or rejection is confirmed in writing. If the notification cannot be delivered, the foreign authority is informed of this fact and the reasons for it.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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