Fiches Belges: Portugal

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

Protective orders - seizure - can be taken under Portuguese law to prevent any transaction, transmission or disposal of the assets which are or may be covered by the confiscation decision.

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 examing court competent in the area where the assets beeing seized are located.

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

Same above.

Accepted languages for the request/decision

Portuguese

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

The request will be executed as soon as posible.

a. Special requirements

The judicial authority may postpone the execution of a freezing order: (a) where its execution might damage an ongoing criminal investigation, until such time as it deems reasonable; (b) where the property or evidence concerned have already been subjected to a freezing order in criminal proceedings, and until that freezing order is lifted; (c) where, in the case of an order freezing property in criminal proceedings with a view to its subsequent confiscation, that property is already subject to an order made in the course of other proceedings in Portugal and until that order is lifted. This point shall only apply where such an order would have priority over subsequent national freezing orders in criminal proceedings under national law.

b. Other useful information

N/A