Fiches Belges
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: Portugali

televiestinnän salakuuntelu, nauhoitus ja transkriptio (101)

1. MEASURE IMPLEMENTATION

Portugali

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

International cooperation for this measure is possible as long as there is a Convention or treaty that allows it and it would be admissible in a similar case, in Portugal. Interception and recording of telephone conversations or communications apply to all conversations or telecommunications transmitted by technical means, including the telephone, fax, IMEI, etc. For the judge to authorize the interception, there must be good reasons to believe that there is no other way to obtain the evidence, or that such evidence is indispensable for the investigation.Interception is allowed for crimes punishable with imprisionment exceeding 3 years and catalog crimes: crimes in connection with drug trafficking; involving the use of firearms, explosives or similar substances or devices; smuggling; verbal abuse, threats, coercion and interference in a person's private life and disturbance of peace and tranquility when committed by telephone. The measure can be authorized regarding suspects, people that receive or transmit messages sent or reveived by the suspect, and the victim, if he/she authorizes the interception. Interception and recording of conversations or communications between the accused and its lawyer is prohibited, except when the judge has a good reason to believe that those conversations constitute or contribute to a criminal offence.

2. LEGAL FRAMEWORK

Portugali

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:

Portugali

* receive the request/decision for judicial cooperation

The Criminal Police (Polícia Judiciária) is competent to receive requests for interception; it shall thereupon submit the requests to the criminal examining judge of Lisbon for authorization of the interception.

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

N/A

4. ACCEPTED LANGUAGES

Portugali

Accepted languages for the request/decision

Portuguese and French

5. EXECUTION DEADLINE

Portugali

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugali

a. Special requirements

The decision of the examining judge shall include an authorization for the immediate transmission of the communication to the requesting State, if such is provided for in the international agreement, treaty or convention under which the request was made. A report is drawn up and forwarded, with the recorded tapes or similar evidence, to the judge who ordered or authorized the operation. The judge shall order that they be added to the file if he/she deems them to be significant as evidence and, if not, he/she shall order their destruction, in which case all those involved in the operation are bound to secrecy as regards any information they received or acknowledge.

b. Other useful information

The Minister for Justice may authorize the participation of foreign judicial and police authorities in criminal proceedings to be carried out in the Portuguese territory. Participation is permitted only by way of assistance to the Portuguese judicial or police authorities concerned in the proceedings, whose presence is mandatory in all cases, provided the provisions of Portuguese criminal procedure and the reciprocity condition are complied with.Requests for mutual assistance addressed to Portugal are processed in accordance with Portuguese law. However where the other State expressly requests it or if there is an international agreement, treaty or convention to that effect, assistance may be granted in accordance with the law of that State as long as it is not incompatible with the fundamental principles of Portuguese law . See the link: http://www.gddc.pt/codigos/code_criminal_procedure.html - contains english translation of the Criminal Procedure Code (articles 187 to 190).

Last reviewed on 6 heinäkuu 2016 by EJN:n sihteeristö

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