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

Lasken kuulustelu (705)

1. MEASURE IMPLEMENTATION

Portugali

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

In the event of evidence being given by a minor under the age of 16, during a trial, this is carried out solely before the Presiding Judge. In the event of evidence being given by a minor under the age of 18 relative to a sexual crime, an expert report on the minor’s character may be drawn up. If, because of his/her young age, a witness is shown to be particularly vulnerable, he/she must be assisted by a duly qualified person. The protection measures applicable in this case may include collecting statements from this person without showing her/him on video, his image or voice or both being concealed or not and even without his identity being revealed. These are exceptional measures and cannot be applied unless they prove necessary and adequate in a concrete case for providing protection to persons and making the aims of the trial. It is also possible, on request of the prosecutor, for the investigative judge, to hear the minor, victim or witness, in a preliminary stage of the proceeding, to "future memory", regardingf the adversarial principle .

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

The participation of foreign legal authorities and criminal police in actions associated with criminal proceedings which have to be carried out on Portuguese territory may be authorised by the Minister of Justice; this participation is permitted exclusively by way of assistance to the competent Portuguese legal authority or criminal police responsible for such activities and their presence is always compulsory; the provisions of Portuguese criminal proceedings must be adhered to and the condition of reciprocity must be met.

Last reviewed on 6 heinäkuu 2016 by EJN:n sihteeristö

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