Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Portugal

Localización de telecomunicaciones (102)

1. MEASURE IMPLEMENTATION

Portugal

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

See Measure 101. Portuguese interception law applies to tracing, namely regarding the same crimes and people. Tracing is also allowed as a cautionary measure, when there is imminent danger of offense to someone’s life or physical integrity.

2. LEGAL FRAMEWORK

Portugal

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

3. COMPETENT AUTHORITY TO:

Portugal

* receive the request/decision for judicial cooperation

The Criminal Police (Polícia Judiciária) is competent to receive requests for interception/tracing; it shall thereupon submit the requests to the criminal examining judge of Lisbon for authorization of the interception.

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

N/A

4. ACCEPTED LANGUAGES

Portugal

Accepted languages for the request/decision

Portuguese and French

5. EXECUTION DEADLINE

Portugal

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugal

a. Special requirements

The decision of the examining judge shall include an authorization for the immediate transmission of the communication to the requesting State, if such is provided for in the international agreement, treaty or convention under which the request was made. The information is forwarded to the judge who ordered or authorized the operation. The judge shall order that they be added to the file if he/she deems them to be significant as evidence.

b. Other useful information

Requests for mutual assistance addressed to Portugal are processed in accordance with Portuguese law. However where the other State expressly requests it or if there is an international agreement, treaty or convention to that effect, assistance may be granted in accordance with the law of that State as long as it is not incompatible with the fundamental principles of Portuguese law seriously endanger those involved in the procedure . See the link: http://www.gddc.pt/codigos/code_criminal_procedure.html - contains english translation of the Criminal Procedure Code (articles 187 to 190).

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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