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

Infiltración de informadores del Estado solicitado (203)

1. MEASURE IMPLEMENTATION

Portugal

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

Infiltration by a third party (other than a police officer) is possible, as long as his/her activivity is controled by Criminal Police. Same requirements as in measure 201 apply.

2. LEGAL FRAMEWORK

Portugal

International legal framework applicable for this measure in your Member State

Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (CoE), 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

Within the scope of the investigation, undercover action depends on the prior authorization of the Public Prosecution, with mandatory communication to the examining judge. Regarding criminal prevention, the measure can only take place following a proposal made by the Public Prosecution to the Central Department for Criminal Investigation and Prosecution to the Central Court for Criminal Investigation, since the examining judge is the judicial authority competent to authorize the operation.

* 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

Nobody can be forced to participate in covert actions. The criminal investigation activities of the third parties are subject to prior authorization given by the competent judicial authority. The Portuguese Criminal Police will report the intervention of the third party to the competent judicial authority within 48 hours from the end of this intervention. The competent authority will only order this report to be attached to the investigation file if it is a case of essential evidence. The judge can also determine, as an essential means of evidence, the appearance of the undercover official or third party at the court hearing

b. Other useful information

The request for mutual legal assistance addressed to Portugal is processed in accordance with the fundamental principles of Portuguese law. However where the foreign State expressly requests it, or if there is an agreement, treaty or international convention to that effect, assistance may be granted in accordance with the law of that State where this is not incompatible with the fundamental principles of Portuguese law and does not seriously endanger those involved in the procedure.

Last reviewed on 6 julio 2016 by Secretariado de la RJE
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