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

Изслушване на свидетели: стандартна процедура (702)

1. MEASURE IMPLEMENTATION

Португалия

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

The witness is examined on the facts of which he has direct knowledge and which constitute evidence. Any person not excluded on the grounds of psychological incapacity to be a witness may be a witness and may only refuse to do so in the circumstances provided for in law. The accused and co-accused in the same proceedings or associated proceedings are prevented from testefying as witness, unless they agree to do so, even if they are already convicted in a separated, but related, proceeding. Persons claiming to be “persons present” and plaintiffs claiming damages in a criminal case are also prevented from testefying as witnesses.

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 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

Any request for mutual assistance sent to Portugal is implemented in accordance with Portuguese law but if the foreign state expressly requests this, or if there is an international agreement, treaty or convention covering this, mutual assistance may be granted in accordance with the law of the foreign state provided this is not incompatible with Portuguese law and does not inflict serious loss or damage on the persons affected by the proceedings. According to Portuguese law, a witness must take an oath at any hearing before a legal authority. Witnesses are obliged to give evidence and to tell the truth. Failure to tell the truth is a criminal offence. A witness is not obliged to respond to questions if he alleges that his response would implicate himself in criminal liability. Descendants, relatives in the ascending line, brothers, sisters, relations by marriage to the second degree, adoptive parents and adopted children, the spouse of the accused and the person who is living with or has lived with the accused under conditions similar to those of marriage may refuse to testify, as well as persons subject to obligations of professional secrecy.

b. Other useful information

The participation of foreign legal authorities and criminal police in actions associated with criminal proceedings which have to be carried out on Portuguese territory may be authorised by the Minister of Justice; this participation is permitted exclusively by way of assistance to the competent Portuguese legal authority or criminal police responsible for such activities and their presence is always compulsory; the provisions of Portuguese criminal proceedings must be adhered to and the condition of reciprocity must be met.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
  • ® 2021 EJN. All Rights Reserved