Fiches Belges: Portugal

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

See Measure 101. Portuguese interception law applies to tracing, namely regarding the same crimes and people. Tracing is also allowed as a cautionary measure, when there is imminent danger of offense to someone’s life or physical integrity.

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

* receive the request/decision for judicial cooperation

The Criminal Police (Polícia Judiciária) is competent to receive requests for interception/tracing; it shall thereupon submit the requests to the criminal examining judge of Lisbon for authorization of the interception.

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

N/A

Accepted languages for the request/decision

Portuguese and French

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

N/A

a. Special requirements

The decision of the examining judge shall include an authorization for the immediate transmission of the communication to the requesting State, if such is provided for in the international agreement, treaty or convention under which the request was made. The information is forwarded to the judge who ordered or authorized the operation. The judge shall order that they be added to the file if he/she deems them to be significant as evidence.

b. Other useful information

Requests for mutual assistance addressed to Portugal are processed in accordance with Portuguese law. However where the other State expressly requests it or if there is an international agreement, treaty or convention to that effect, assistance may be granted in accordance with the law of that State as long as it is not incompatible with the fundamental principles of Portuguese law seriously endanger those involved in the procedure . See the link: http://www.gddc.pt/codigos/code_criminal_procedure.html - contains english translation of the Criminal Procedure Code (articles 187 to 190).