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

Todistajien kuulustelu: videokonferenssi (703)

1. MEASURE IMPLEMENTATION

Portugali

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

If circumstances show this to be advisable, provided there is an agreement between Portugal and the foreign state or international legal body, the hearing can be carried out using telecommunication resources in real time in accordance with the Portuguese law on criminal proceedings. Under exceptional circumstances the Presiding Judge may automatically or on request demand the collection of statements from witnesses, victims, “persons present”, plaintiffs claiming damages in a criminal case and experts in cases where a) these persons are resident outside the area of competence of the court; b) there are no reasons to believe that their presence at the hearing is essential to establish the truth; c) serious difficulties, employment or personal inconvenience are foreseeable if they attend. If the essential technical resources are available, statements can be taken simultaneously at the judgement hearing using telecommunications in real time. If it proves necessary to provide protection measures for witnesses during criminal proceedings, if their life, physical or psychological well-being, liberty or patrimony of considerable value are endangered, the measure may be executed with face and voice distorcion and must be made in the presence of the judge or the court.

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 prosecuting magistrate or Judge, depending on whether the action takes place before the judgement hearing or during it.

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

N/A

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

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 Portuguese law and does not inflict serious loss or damage on the persons affected by the proceedings.

b. Other useful information

N/A

Last reviewed on 6 heinäkuu 2016 by EJN:n sihteeristö
  • © 2017 EJN. Kaikki oikeudet pidätetään.