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 експерти (708)

1. MEASURE IMPLEMENTATION

Португалия

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

Expert reports are required if perception and evaluation of the facts demands technical, scientific or artistic knowledge. During the judgement, statements by experts and technical advisors are collected by the Presiding Judge to whom the other judges, jurors, prosecuting magistrate, the counsel for the defence and the barristers for the person present and plaintiffs claiming damages may make requests for clarification or pose questions which would contribute to making a correct decision in the case. The statement is taken under oath, unless if they are civil servants.

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, 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. The expert report is ordered automatically or on request by decision of the legal authority, and the following persons are notified of this within a minimum period of 3 days berfore the date om wich it is produced: the prosecuting magistrate if it was not the prosecuting magistrate who requested it, the accused, the “person present” and plaintiffs claiming damages. Once an expert report has been ordered, the prosecuting magistrate, the accused, the person present and the plaintiffs claiming damages may appoint a technical advisor in whom they have confidence to assist in production of the report if this is still possible.

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 prosecuting magistrate; 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
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