Fiches Belges: Portugal

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

The criminal investigation agents of other States may carry out undercover investigations in Portugal in the same capacity as the Portuguese agents, if the legal requirements are met (see measure 201).

International legal framework applicable for this measure in your Member State

Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (CoE), Convention on Mutual Assistance in Criminal Matters between Member States of the European Union.

* receive the request/decision for judicial cooperation

The examining judge at the Central Court for Criminal Investigation, following a proposal made by the Public Prosecution to the Central Department for Criminal Investigation and Prosecution.

* 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

Nobody can be forced to participate in covert actions. The Portuguese Criminal Police must report the intervention of the agent to the competent judicial authority within 48 hours from the term of the intervention. The competent authority will only order this report to be attached to the investigation file if it is a case of essential evidence. The judge can also determine, as an essential means of evidence, the appearance of the undercover official or third party at the court hearing

b. Other useful information

The criminal investigation agents of other States participating in acts of criminal procedure nature to be carried out in the Portuguese territory may carry out undercover investigations in the same capacity as the Portuguese criminal investigation agents under the terms of the domestic relevant law. It depends on a prior request based on an agreement, a treaty or an international convention as well as on reciprocity.