Fiches Belges: Portugal

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.

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

* 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.

Accepted languages for the request/decision

Portuguese

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

N/A

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.