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

Psykiatrinen terveystarkastus (303)

1. MEASURE IMPLEMENTATION

Portugali

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

Yes. In cases where there is no consent of the person to be examined, the competent judicial authority can authorize the measure.

2. LEGAL FRAMEWORK

Portugali

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of European Union and Convention of the Application of the Schengen Agreements.

3. COMPETENT AUTHORITY TO:

Portugali

* receive the request/decision for judicial cooperation

The judicial authority presiding over the relevant stage in the procedure.

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

Examination by a psychiatrist is subject to the same general rules as all specialist examinations and is carried out by forensic establishments and forensic surgeries, by medical practitioners employed under contract to provide expert opinions, or, where this is not possible or appropriate, by specialist medical practitioners or medical practitioners duly authorized for forensic practice

4. ACCEPTED LANGUAGES

Portugali

Accepted languages for the request/decision

Portuguese or French.

5. EXECUTION DEADLINE

Portugali

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

Not applicable.

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugali

a. Special requirements

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 agreement, treaty or international 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 the Portuguese law and does not seriously endanger those involved in the procedure. In order to enable a more quick and effective enforcement, the requesting State should send the request with all available clinical information or that may be obtained to date of the expert or forensic examination.

b. Other useful information

The Minister of 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 under compliance of the reciprocity condition and only by way of assistance to the Portuguese judicial authorities or criminal police concerned in the proceedings, whose presence and direction is mandatory in all cases.

Last reviewed on 6 heinäkuu 2016 by EJN:n sihteeristö

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