Fiches Belges: Portugal
Freezing of bank accounts (502) 1. MEASURE IMPLEMENTATION |
Is this measure possible in your Member State under International Judicial Cooperation? | The freezing of bank accounts must be ordered by the investigation court; it may take place, generally, at any moment of the proceedings and during the execution of a search on banking premises and also when it is necessary to prevent a money laundering offense from being committed (in this case, the judge may authorize the temporary freezing of bank operations. |
2. LEGAL FRAMEWORK |
International legal framework applicable for this measure in your Member State | European Convention on Mutual Assistance in Criminal Matters. Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. Directive 2014/42/EU of the European Parliament and of the Council, of 3 April 2014, on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union |
3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | The investigation court competent in the area where are located the premises of the bank where the account is based. | * execute/recognise the measure (if other than the receiving authority) | The investigation court competent in the area where are located the premises of the bank where the account is based. |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | Portuguese |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | The decision of freezing the bank accounts can be recognized even when it is issued against a simple suspect. | b. Other useful information | The freezing of bank account can be executed under the law of the issuing authority when it is necesary to ensure the validity of the evidence collection; in this case it will be needed that the requesting authority ask for the compliance of the specific formalities. |
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