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

Takavarikointi (505)

1. MEASURE IMPLEMENTATION

Portugali

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

Objects which were used to commit the crime or which were intended to be used in committing the crime will be confiscated to the State where, given their nature (for ex. drugs) or the circumstances of the case, they are a risk to the safety of persons, morality or public order or if there is a serious risk that they might be used to commit further offences. Confiscation of this property will take place even where no identifiable person can be charged with a criminal offence or convicted. Where the law does not lay down a specific destination for the confiscated objects the judge may order their complete or partial destruction or removal from circulation. The property and other advantages deriving from the offense will be confiscated as well without any other requirements. A special extended forfeiture is possible in cases of drug trafficking, terrorism and terrorist organization, arms trafficking, corruption, embezzlement, money laundering, criminal association, smuggling, trafficking in stolen vehicles, promotion and instigation of the prostitution of minors, trafficking in minors, counterfeiting of money and other similar values (law no. 5/2002 of 11 January).

2. LEGAL FRAMEWORK

Portugali

International legal framework applicable for this measure in your Member State

Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders

3. COMPETENT AUTHORITY TO:

Portugali

* receive the request/decision for judicial cooperation

The court competent in the area where the property to be confiscated - or the most goods - is located.

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

The court competent in the area where the property to be confiscated - or the most goods - is 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

1. In case of offences other than those covered by paragraph 1 of article 6 of the FD , Portugal may not execute the decision of confiscation order if the acts giving rise to the confiscation order do not constitute an offence which permits confiscation under its law, whatever its constituent elements or however it is described under the law of the issuing State; 2. If the request for confiscation concerns a specific item of property, the competent authorities of the issuing and the executing States may agree that confiscation in the executing State may take the form of a requirement to pay a sum of money corresponding to the value of the property; 3. If a confiscation order concerns an amount of money, the competent authority shall, if payment is not obtained, execute the confiscation order on any item of property available for that purpose; 4. If a confiscation order concerns an amount of money, the competent authority shall, if necessary, convert the amount to be confiscated into Euro at the rate of exchange obtaining at the time when the confiscation order was issued; 5. The competent judicial authority may refuse to recognise and execute the confiscation order if it is established that: execution of the confiscation order would be contrary to the principle of ne bis in idem; the rights of any interested party, including bona fide third parties, under the internal law make it impossible to execute the confiscation order; according to the certificate provided for, the person concerned did not appear personally and was not represented by a legal counsellor in the proceedings resulting in the confiscation order, unless: i) the certificate states that the person was informed personally, or via his representative, according to national law, the date and local of the trial, in order to may be possible to say that he or she knew that the confiscation order can be produce on his or her absence; ii) the person knew te date and local of the trial and was represented in by a legal counsellor; iii) the person knew the confiscation order and informed that he or she can have the right to a new trial or an appeal which allows the review the case, including other evidences, but having expressly stated that not contest the confiscation order or not having required a retrial or appeal; there is immunity or privilege foreseen which would prevent the execution of a domestic confiscation order on the property concerned.

b. Other useful information

N/A

Last reviewed on 6 heinäkuu 2016 by EJN:n sihteeristö

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 EJN. Kaikki oikeudet pidätetään.