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

Acceso a documentos públicos de archivos judiciales (404)

1. MEASURE IMPLEMENTATION

Portugal

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

Yes. The criminal proceedings must be public from the moment the charges are brought at the examination stage, or if there is no examination, from the moment when it may no longer be requested, if the proceedings are not to be declared null and void. No information about the proceedings shall be disclosed until that moment.The proceedings is made public from the acceptance of the request for examination where the latter has been requested by the accused provided that he has not declared in his request that he is opposed to the disclosure.In the situations specified in the Code of Criminal Procedure certain documents may also be disclosed during the stages of the proceedings covered by secrecy.

2. LEGAL FRAMEWORK

Portugal

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of European Union and Convention of the Application of the Schengen Agreements.

3. COMPETENT AUTHORITY TO:

Portugal

* receive the request/decision for judicial cooperation

Public Prosecution Offices

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

N/A

4. ACCEPTED LANGUAGES

Portugal

Accepted languages for the request/decision

Portuguese or French.

5. EXECUTION DEADLINE

Portugal

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

Not applicable.

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugal

a. Special requirements

Requests for mutual assistance addressed to Portugal are processed in accordance with Portuguese law, but where the other State expressly so requests, assistance may be granted in accordance with the law of that State, where this is not incompatible with Portuguese law and does not seriously endanger those involved in the procedure.

b. Other useful information

N/A

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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