Fiches Belges: Portugal

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

When it is no longer necessary to hold the seized assets as evidence or other purpose (for ex., if the goods won't be later confiscated), they can be returned to the owner.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

* receive the request/decision for judicial cooperation

The investigation court competent in the area where the property being freezed is located. When the freezing decision refers to several goods, the competent court will be the one where the most of them are located.

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

The investigation court competent in the area where the property being freezed is located. When the freezing decision refers to several goods, the competent court will be the one where the most of them are located.

Accepted languages for the request/decision

Portuguese

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

The decision must be executed as soon as posible, but can be postponed in the conditions of the article 8 of the FD

a. Special requirements

1. For cases not covered by paragraph 2 of article 3 of the FD, the recognition and enforcement of a freezing order only will be granted if referred to an offence punishable under the laws of Portugal and if allows for such freezing, whatever the constituent elements or however described under the law of the issuing State; 2. With the certificate mentioned in the article 9 of the FD, the request must be completed with a request for the transfer of the evidence do the issuing state or a request of the execution of a decision of confiscation order or a request of a confiscation decision to be made by the requested state and its execution. The request can be executed even against a suspect.

b. Other useful information

1. The request can be executed following the rule of the issuing state if there's a need to grant the validity of the measure under the law of that state. 2. The request must be made directly to the competent judicial authority. 3. The request to freeze evidences and/or property can be refused if the ofence is punisble with a imprisonement penalty of less than three years.