Fiches Belges: Portugal

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

Assistance will be granted in the situations when such interception would be possible in a similar national case. The internal provisions related to the interception and recording of telephone conversations or communications are applicable to any form of communications transmitted by technical means other than the telephone, and to interception of speech. Interception of the transmission of computer data (including e-mail) is also possible, for a) the crimes indicated in measure 101; b) computer related forgery, computer related fraud, illegal access, illegal interception, data interference, infringement of copyrights. For the judge to authorize the interception, there must be good reasons to believe that there is no other way to obtain the evidence, or that such evidence is indispensable for the investigation.

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, Convention on Cybercrime.

* receive the request/decision for judicial cooperation

The Criminal Police (Polícia Judiciária) is competent to receive requests for interception; it shall thereupon submit the requests to Public Prosecutor, who will present the request 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

A report is drawn up and forwarded, with the evidence, 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 and, if not, he/she shall order their destruction, in which case all those involved in the operation are bound to secrecy as regards any information they received or acknowledge.

b. Other useful information

The Minister for Justice may authorize the participation of foreign judicial and police authorities in criminal proceedings to be carried out in the Portuguese territory. Participation is permitted only by way of assistance to the Portuguese judicial or police authorities concerned in the proceedings, whose presence is mandatory in all cases, provided the provisions of Portuguese criminal procedure and the reciprocity condition are complied with.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.