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

Medidas provisionales en vistas de decomiso (504)

1. MEASURE IMPLEMENTATION

Portugal

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

Protective orders - seizure - can be taken under Portuguese law to prevent any transaction, transmission or disposal of the assets which are or may be covered by the confiscation decision.

2. LEGAL FRAMEWORK

Portugal

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

3. COMPETENT AUTHORITY TO:

Portugal

* receive the request/decision for judicial cooperation

The examing court competent in the area where the assets beeing seized are located.

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

Same above.

4. ACCEPTED LANGUAGES

Portugal

Accepted languages for the request/decision

Portuguese

5. EXECUTION DEADLINE

Portugal

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

The request will be executed as soon as posible.

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugal

a. Special requirements

The judicial authority may postpone the execution of a freezing order: (a) where its execution might damage an ongoing criminal investigation, until such time as it deems reasonable; (b) where the property or evidence concerned have already been subjected to a freezing order in criminal proceedings, and until that freezing order is lifted; (c) where, in the case of an order freezing property in criminal proceedings with a view to its subsequent confiscation, that property is already subject to an order made in the course of other proceedings in Portugal and until that order is lifted. This point shall only apply where such an order would have priority over subsequent national freezing orders in criminal proceedings under national law.

b. Other useful information

N/A

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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