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

Puesta en libertad supervisada (804)

1. MEASURE IMPLEMENTATION

Portugal

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

At the request of one or more foreign states, in particular if the wording of an agreement provides for this case, the prosecuting magistrate may authorise the criminal police on a case by case basis to refrain from any action within the context of cross-border criminal enquiries concerning offences which could give rise to extradition for the purpose of establishing, in co-operation with one or more foreign states, the identity and criminal responsibility of the greatest number of perpetrators of the offence. Pursuant to article 160-A of Law 144/99 on International Judicial Cooperation in Criminal Matters, direction and control of such operations lies with the Portuguese authorities, without prejudice to the proper cooperation with the competent foreign authorities. The international contacts for these operations are made by the Criminal Police (Polícia judiciária), through the National Bureau of INTERPOL.

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

Requests will be presented to the competent prosecuting magistrate for the judicial district of Lisbon.

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

N/A

4. ACCEPTED LANGUAGES

Portugal

Accepted languages for the request/decision

N/A

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 the fundamental principles of Portuguese law and does not inflict serious loss or damage on the persons affected by the proceedings. Authorisation will only be granted when the country of destination so requests on condition that the competent foreign authorities: a) provide the assurance that their legislation provides for adequate criminal penalties and that the penal action will be pursued; b) guarantee the safety of the substances and property in question against the risk of flight and accidental loss; and c) give the undertaking that they will urgently communicate detailed information on the results of the operations and details of the subsequent activities of each of the perpetrators of offences, in particular those who acted in Portugal. The aforementioned authorisation notwithstanding, the criminal police will intervene if the safety margins are substantially reduced or if circumstances intervene which make it more difficult to detain the perpetrators of offences or to seize substances or property; in the event of the authority giving the authorisation not being informed in advance of the said intervention, it must be informed in writing within 24 hours of its occurrence. By agreement with the country of destination, prohibited substances or substances which are hazardous in transit may be partially replaced by inoffensive substances; a report to this effect must be written. Failure by foreign authorities to perform these obligations may result in future requests for authorisation being denied.

b. Other useful information

The right to act, and the direction and monitoring of criminal investigation operations, is retained by the Portuguese authorities without prejudice to the co-operation necessary with competent foreign authorities. 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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