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

Observación (105)

1. MEASURE IMPLEMENTATION

Portugal

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

Observation without the use of bugging or video equipment is generally permitted. Observation with the assistance of technical means (voice or image recording) is permissible, when it is deemed necessary, for the investigation of a catalog of crimes: drug trafficking, terrorism, weapons trafficking, corruption, trading in influence, money laundering, conspiracy to commit crimes, smuggling, theft and trafficking of vehicles, money counterfeiting, traffic of human beings, exploration of prostitution, embezzlement, misappropriation or other diversion of property by a public official, fraud regarding EU funding, financial crimes committed through the use of technology, transnational or international financial crimes.

2. LEGAL FRAMEWORK

Portugal

International legal framework applicable for this measure in your Member State

United Nations Convention against Transnational Organized Crime, United Nations Convention Against Corruption

3. COMPETENT AUTHORITY TO:

Portugal

* receive the request/decision for judicial cooperation

The public prosecutor can authorize observations without the use of technical means. The examining judge must authorize observations through the use of technical means, following the request of the public prosecutor.

* 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

A report is drawn up and forwarded, with the recorded tapes or similar evidence, 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 and, if not, he/she shall order their destruction, in which case all those involved in the operation are bound to secrecy as regards any information they received or acknowledge.

b. Other useful information

The Minister of Justice may authorize the participation of foreign judicial and police authorities in criminal proceedings to be carried out in the Portuguese territory. This participation is permitted only by way of assistance to the Portuguese judicial or police authorities concerned in the proceedings, whose presence is mandatory in all cases, provided the provisions of the Portuguese criminal procedure and the reciprocity condition are complied with.

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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