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

Audiencia de víctimas o demandantes (707)

1. MEASURE IMPLEMENTATION

Portugal

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

The concept of “victim” finds its legal expression in the person against whom the crime was committed, considered as the holder of interests specially protected by the penal code and in the person of the injured party/plaintiff claiming damages in a criminal action, understood to be the person who has suffered injury, loss or damage as a result of a crime. The victim also has a special status in criminal proceedings, in the capacity of “person present” (private accuser). Statements may also be taken from “persons present” and plaintiffs claiming damages in a criminal action at the request of the latter or of the accused or if the competent legal authority finds this necessary; the “person present” and the plaintiffs claiming damages must comply with the obligation to tell the truth, violation of which is a criminal offence. The giving of statements by the victim as “person present” or plaintiff claiming damages is subject to the rules governing evidence supplied by witnesses except where this is obviously inapplicable and where the law would have provided differently, and is not preceded by taking the oath.

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 prosecuting magistrate or Judge, depending on whether the action takes place before the judgement hearing or during it.

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

N/A

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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugal

a. Special requirements

Any request for mutual assistance sent to Portugal is implemented in accordance with Portuguese law but if the foreign state expressly requests this, or if there is an international agreement, treaty or convention covering this, mutual assistance may be granted in accordance with the law of the foreign state provided this is not incompatible with Portuguese law and does not inflict serious loss or damage on the persons affected by the proceedings.

b. Other useful information

The participation of foreign legal authorities and criminal police in actions associated with criminal proceedings which have to be carried out on Portuguese territory may be authorised by the Minister of Justice; this participation is permitted exclusively by way of assistance to the competent Portuguese legal authority or criminal police responsible for such activities and their presence is always compulsory; the provisions of Portuguese criminal proceedings must be adhered to and the condition of reciprocity must be met.

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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