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

Varjoen takavarikointi (501)

1. MEASURE IMPLEMENTATION

Portugali

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

YES. Objects which were used to commit a criminal offence or which were intended to be used in committing that offence, all objects which are the proceeds of that offence, profits, prizes, rewards and any objects left by the agent at the scene of the crime or which might be used as evidence may be seized.

2. LEGAL FRAMEWORK

Portugali

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters. Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. Directive 2014/42/EU of the European Parliament and of the Council, of 3 April 2014, on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

3. COMPETENT AUTHORITY TO:

Portugali

* receive the request/decision for judicial cooperation

The investigation court competent in the area where the objects and evidences which have to be freezed are located.

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

The investigation court competent in the area where the objects and evidences which have to be freezed are located.

4. ACCEPTED LANGUAGES

Portugali

Accepted languages for the request/decision

Portuguese

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 certificate, in the standard form, shall be accompanied by: a) a request for the evidence to be transferred to the issuing State; or (b) a request for confiscation requiring enforcement of a confiscation order that has been issued in the issuing State ; or (c) a request of a enforcement of a confiscation order that has been issued in the in the executing State and subsequent enforcement of any such order. The request will be processed in accordance with the Portuguese law, but 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 and does not carry seriously endanger those involved in the procedure . The seizure of goods on the premises of medical practitioners and lawyers shall be preside by the judge with the presence of an appointed agent from the Medical or Lawyers Orders. The judge shall also make the sequestration of assets in banking premises personally .

b. Other useful information

The Portuguese authorities won't deny the execution of the freezing order of evidences based on the double criminality when the proceedings are concerned of one of the offences of the article 3 of the FD 2003/577/JHA, as they are defined by the law of the issuing State, and if they are punishable in the issuing State by a custodial sentence of a maximum period of at least three years.

Last reviewed on 6 heinäkuu 2016 by EJN:n sihteeristö

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