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 sospechosos/personas acusadas: procedimiento normal (710)

1. MEASURE IMPLEMENTATION

Portugal

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

YES. The first judicial examination of the suspect detained is carried out by the examining magistrate within 48 hours of arrest. The suspect is presented before the judge by the prosecuting magistrate. The examination takes place in the presence of the defence lawyer. The judicial examination aims to check the legal conditions of the detention, to decide on the application of any rectrictive measure an to inform the accused of his rights, the facts and the evidence. There may be a preliminary non-judicial examination of the suspect detained who will be presented to the prosecuting magistrate; it is certain that unless the accused is released he will have to be indicted before the examining magistrate within the period stated above. The other examinations of the suspect detained and examinations of non-arrested suspects are carried out, during the investigation, by the prosecuting magistrate, and during the trial by the judge. During the investigation these examinations may be carried out by the criminal police to whom the investigating magistrate have delegated this procedure. When a suspect has to be questioned, the communication must have a minimum delay of 3 days, unless in case of justified urgence.

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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