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

Екипи за съвместно разследване (805)

1. MEASURE IMPLEMENTATION

Португалия

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

Joint investigation teams are created by agreement between the state of Portugal and the foreign state, in particular within the context of a criminal investigation by a foreign state if it is necessary to proceed to investigations of special complexity with repercussions in Portugal or another state or if several states are undertaking criminal investigations which, by force of circumstances, make co-ordinated and concerted action within the states concerned essential.

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 formation of joint investigation teams is authorised by the Minister of Justice. However, the constitution of these teams does not depend on authorisation by the Minister of Justice if it is covered by international agreements, treaties or conventions. Pursuant to article 145 of Law 144/99 on International Judicial Cooperation in Criminal Matters, power to autotrize the creation of joint investigation teams may be delegated to the central authority or to the Director of the Criminal Police (Polícia Judiciária)

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

N/A

4. ACCEPTED LANGUAGES

Португалия

Accepted languages for the request/decision

N/A

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

The resources which the foreign state allocates to the joint enquiry team may be present at the actions arising from the criminal investigation which takes place on Portuguese territory, unless there is a decision to the contrary, provided these are properly justified in accordance with Portuguese law by the national authority directing the team. Actions as part of the criminal investigation which take place on national territory may be carried out by the resources which the foreign state allocates to the joint investigation team subject to the approval of the Minister of Justice and the foreign state’s competent authority.

b. Other useful information

The Minister of Justice may authorise the movement of legal authorities and arms of the foreign criminal police with the aim of participating in criminal investigation activities to be carried out on Portuguese territory, including within the context of the formation of joint investigation teams composed of national and foreign members

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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