Fiches Belges: Portugal

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

Yes. Expert evaluations are carried out where technical, scientific or artistic expertise is required to establish and assess the facts.

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of European Union and Convention of the Application of the Schengen Agreements.

* receive the request/decision for judicial cooperation

The judicial authority presiding over the relevant stage in the procedure.

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

N/A

Accepted languages for the request/decision

Portuguese or French.

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

Not applicable.

a. Special requirements

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 agreement, treaty or international convention to that effect, assistance may be granted in accordance with the law of that State, as long as it is not incompatible with Portuguese law and does not seriously endanger those involved in the procedure. An expert examination is ordered ex officio or, at request, by decision of the judicial authority and notice of it is to be given to the Public Prosecution in the cases in which it did not request it, to the accused, to the “assistente” and to the parties taking a civil action within 3 days from the date it was carried out. Once such expert examination has been ordered, the Public Prosecution, the accused, the “assistente” and the parties taking a civil action may, if it is still possible, appoint a personal specialist counselor to attend the examination. Where it is possible and appropriate, the judicial authority attends the expert examination and the authority that ordered the examination may allow the accused and the “assistente” to be present, except where the examination might involve a degree of intimacy.

b. Other useful information

The Minister of Justice may authorize the participation of foreign judicial and police authorities in criminal proceedings to be carried out on Portuguese territory. Participation is permitted under compliance of the reciprocity condition and only by way of assistance to the Portuguese judicial or police authorities concerned in the proceedings, whose presence and direction is mandatory in all cases. Where it is possible and appropriate, the judicial authority attends the expert examination and the authority that ordered the examination may allow the accused and the “assistente” to be present, except where the examination might involve a degree of intimacy.