Fiches Belges: Portugal

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

But the summons for a person to appear in order to participate in foreign criminal proceedings as suspect/accused does not create an obligation on its recipient. The Portuguese authority rejects the notification if the letter contains the threat of penalties or if the measures necessary for the safety of this person are not guaranteed.The accused may be notified through his defending counsel except in the case of notifications for the application of coercive measures and patrimonial guarantee, accusation, halt proceedings, decision to investigate and fixing a date for the judgement and sentencing decision. These actions have to be personally notified as well as to his legal counsel.

International legal framework applicable for this measure in your Member State

Convention on Mutual Assistance in Criminal Matters between Member States of the European Union

* receive the request/decision for judicial cooperation

The prosecuting magistrate or Judge, depending on whether the action takes place before the judgement hearing or during it.

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

N/A

Accepted languages for the request/decision

Portuguese

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

N/A

a. Special requirements

This notification may be issued personally and directly or simply by sending it to the recipient by post or, if the foreign authority expressly so requests, in any other way compatible with Portuguese law. Proof of notification is provided by a document signed and dated by the recipient or by a declaration by the Portuguese authority confirming the fact, form and date of the notification. This notification is deemed to have been made when its acceptance or rejection is confirmed in writing. If the notification cannot be delivered, the foreign authority is informed of this fact and the reasons for it. The summons for a person to appear in order to participate in foreign criminal proceedings in the capacity of suspect/accused does not create an obligation on its recipient. In this case, the person notified is informed on the notification document of his right to refuse to appear. Consent to appear must be given by freely obtained written declaration.

b. Other useful information

N/A