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Portugal
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Last reviewed on 28 September 2021 by EJN Secretariat
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2002/584/JHA: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States Implemented   1 Jan 2004

Notification under arts. 6.3, 7.2 and 25.2 EAW by Portugal

Law no. 65/2003 of 23 August Approves the legal regime of the European Arrest Warrant (giving effect to the council framework decision no. 2002/584/JHA of 13 June) - Penal code, amended September 2007

Implementation of Framework Decision on EAW by Member States. April 2020

2009/299/JHA: Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial Implemented   ---
2000/383/JHA: Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (replaced by Directive 2014/62/EU)   - -

Framework Decision replaced by Directive  2014/62/EU, implemented by: 

  • Law 39/2016 of 19 December
  • Penal Code
-
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (replaced by Directive 2012/29/EU) Implemented   -

Framework Decision replaced by Directive 2012/29/EU, implemented by:

  • Law 130/2015 of 4 September
  • Procedural Penal Code
-
[replaced by Directive 2019/713] 2001/413/JHA: Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment Implemented   -
  • Law 59/2007 of 4 September
  • Penal Code
  • Procedural Penal Code
-
2001/500/JHA: Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime Implemented   -
  • Law 25/2008 of 4 September
  • Penal Code
  • Procedural Penal Code
-
2002/465/JHA: Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (JIT) Implemented   -

Law 144/99 of 31 August

-
2002/475/JHA: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (repealed and replaced by Directive 2017/541) Implemented   -
  • Law 52/2003 of 22 August
  • Penal Code
  • Procedural Penal Code
-
2002/629/JHA: Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings (replaced by Directive 2011/36)   - -

Framework Decision replaced by Directive 2011/36/EU, (table of status of implementation), which this country has implemented through:

  • Law 60/2013 of 25 August
  • Penal Code
  • Law 101/2001 of 25 August
  • Law 45/2011 of 24 June
-
2002/946/JHA: Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence Implemented   -

Law 23/2007 of 4 July

Report from the Commission on the implementation of this Framework Decision.

2003/568/JHA: Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector Implemented   -

Law 20/2008 of 21 April

-
2003/577/JHA: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (Still applicable for Denmark and Ireland; for other MS replaced by Regulation 2018/1805) Implemented   5 Jun 2009

Notification by Portugal on the implementation of the Framework Decision on Freezing Orders

 

Notification by Portugal on Competent National Authorities within the frame of the Framework Decision 2003/577/JHA of 22 July 2003

Law 25/2009 of 5 June

Complementary information provided by the Council Secretariat

2004/68/JHA: Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (replaced by Directive 2011/93/EU) Implemented   -

Parliament Resolution nr. 75/2012 of 28 May

Framework Decision replaced by Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography of 13 December 2011 , and replacing Council Framework Decision 2004/68/JHA (table of status of implementation) which this country has implemented.

2004/757/JHA: Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking Implemented   -
  • Decree-Law 15/1993 of 22 January
  • Penal Code
-
2005/212/JHA: Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property Implemented   -
  • Law 5/2002 of 11 February
  • Penal Code
-
2005/222/JHA: Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (replaced by Directive 2013/40/EU) Implemented   -

Framework Decision replaced by 2013/40/EU, implemented by Law 109/2009 of 15 September

-
2005/214/JHA: Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties Implemented   1 Nov 2009

Notification by Portugal on the implementation of the Framework Decision on Financial Penalties

-

Complementary information provided by the Council Secretariat

2006/783/JHA: Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (Still applicable for Denmark and Ireland; for other MS replaced by Regulation 2018/1805) Implemented   31 Aug 2009

Notification by Portugal on the implementation of the Framework Decision on Confiscation orders

 

Notification by Portugal on Competent Authorities within the frame of the Framework Decision 2006/783/JHA of 6 October 2006

Law 88/2009 of 31 August

Complementary information provided by the Council Secretariat

2006/960/JHA: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence Implemented   -

Law 74/2009 of 18 December

-
2008/675/JHA: Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings Implemented   1 Nov 2010

Notification of the implementation of Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings. Portugal

  • Law 144/99 of 31 August
  • Penal Code
-
2008/841/JHA: Council Framework Decision 2008/841/JHA of 24 October 2008 for organised crime Implemented   -

Law 5/2002 of 11 January

-
2008/909/JHA: Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement Implemented   17 Dec 2015

Notification by Portugal on the implementation of the Framework Decision on Transfer of prisoners

Law 158/2015 of 17 September

Complementary information provided by the Council Secretariat

Complementary information: Declarations under Article 7(4) -double criminality- and Article 28(2) -transitional provision-

2008/913/JHA: Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law Implemented   -
  • Law 109/2009 of 15 September
  • Penal Code
  • Law 39/2009 of 30 July
-
2008/919/JHA: Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (repealed and replaced by Directive 2017/541) Implemented   ---
2008/947/JHA: Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions Implemented   -

Law 158/2015 of 17 September

Complementary information provided by the Council Secretariat

2008/977/JHA: Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters Implemented  

Notification by Portugal of the implementation of the Framework Decision on Probation Decisions.

Law 67/1998 of 26 October

-
2009/315/JHA: Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of exchange of information extracted from the criminal record between Member States Implemented   -

Law 37/2015 of 5 May

-
2009/829/JHA: Council Framework Decision 2009/829/JHA of 23 October 2009 for supervision measures Implemented  

Notification by Portugal on the implementation of the Framework Decision on Supervision Measures

Law 36/2015 of 4 May

Complementary information provided by the Council Secretariat

2009/948/JHA: Council Framework Decision 2009/948/JHA of 30 November 2009 for conflicts of jurisdiction Implemented   -

Law 144/99 of 31 August

Complementary information provided by the Council Secretariat

2001/40/EC: Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals Implemented   -

National Implementing Measures provided to the European Commission

Law 23/2007 of 4 July

-
2002/90/EC: Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence Implemented   -

National Implementing Measures provided to the European Commission

Law 23/2007 of 4 July

-
2004/80/EC: Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims Implemented   -

Law 31/2006 of 21 July

-
2005/35/EC: Directive 2005/35/EC of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements Implemented   -

National Implementing Measures provided to the European Commission

-
2005/60/EC: Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (replaced by Directive (EU) 2015/849) Implemented   -

Law 25/2008, of 5 June

-
2006/70/EC: Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC Implemented   -

Law 25/2008 of 5 June

-
2008/99/EC: Directive 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law Implemented   -
  • Law 81/2015 of 3 August
  • Penal Code
-
2009/123/EC: Directive 2009/123/EC of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements Implemented   -

National Implementing Measures provided to the European Commission

-
2010/64/EU: Directive 2010/64/EU of 20 October 2010 on the right to interpretation and translation in criminal proceedings Implemented   -

National Implementing Measures provided to the European Commission

-
2011/36/EU: Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings, and replacing Council Framework Decision 2002/629/JHA Implemented   6 Apr 2013 -

National Implementing Measures provided to the European Commission

-
2011/82/EU: Directive 2011/82/EU of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences Implemented   -

Law no. 4/2014, of 7 February, establishing the principles and rules of cross-border exchange of information related to the commission of road traffic offences using a vehicle registered in a member state other than the one where the offence was committed

-
2011/92/EU: Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA Implemented   -

National Implementing Measures provided to the European Commission

-
2011/99/EU: Directive 2011/99/EU of 13 December 2011 on the European Protection Order Implemented  

Notification on the implementation of the Directive on the European Protection Order by Portugal

National Implementing Measures provided to the European Commission

-
2012/13/EU: Directive 2012/13/EU of 22 May 2012 on the right to information in criminal proceedings Implemented   -

National Implementing Measures provided to the European Commission

-
2012/29/EU: Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime Implemented   -

National Implementing Measures provided to the European Commission

-
2013/32/EU: Directive on common procedures for granting and withdrawing international protection of 26 June 2013 Implemented   -

Law 27/2008 of 30 June

-
2013/40/EU: Directive 2013/40/EU of 12 August 2013 on attacks against information systems replacing Council Framework Decision 2005/222/JHA Implemented   -

National Implementing Measures provided to the European Commission

-
2013/48/EU: Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons Implemented   -

National Implementing Measures provided to the European Commission

-
2014/42/EU: Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union Implemented   -

National Implementing Measures (NIM) provided to the European Commission: Law 30/2017, 30 of May

-
2014/41/EU: Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters Implemented   22 Aug 2017

Notification of the transposition of Directive 2014/41/EU on European Investigation Order in criminal matters by Portugal. Accepted languages

Notification of the transposition of Directive 2014/41/EU on European Investigation Order in criminal matters by Portugal. Competent Authorities

Notification from Portugal related to EPPO

Law no. 88/2017, published in the Official Journal of Portugal (Diario da Republica) no. 160/21 August 2017.

Useful tools and information for the practical application of the European Investigation Order (EIO) directive

2014/62/EU: Directive 2014/62/EU of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law and replacing Council Framework Decision 2000/383/JHA Implemented   -
  • Law 39/2016 of 19 December
  • Penal Code
-
2014/66/EU: Directive on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer of 15 May 2014 Implemented   -

Law No. 102/2017, of 28 August, which makes the fifth amendment to Law No. 23/2007, of 4 July, which approves the legal regime for the entry, stay, exit and removal of foreigners from national territory

-
Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive)   - ---
2015/413/EU: Directive 2015/413/EU of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences (replaced by Directive 2019/713) Implemented   -

National Implementing Measures provided to the European Commission

-
2015/849/EU: Directive 2015/849/EU of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012, and repealing Directive 2005/60/EC Implemented   -

Law No. 83/2017, of 18 August, which establishes measures to combat money laundering and terrorist financing and amends the Criminal Code and the Industrial Property

-
2016/343/EU: Directive 2016/343/EU of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings Implemented   -

Constitution of the Portuguese Republic

Criminal Code

-
(EU) 2016/680: Directive (EU) 2016/680 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA Implemented   -

Law No. 59/2019, of 8 August, approving the rules on the processing of personal data for the purpose of prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties

-
2017/541/EU: Directive 2017/541/EU of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA Implemented   -

Law No. 16/2019, of 4 February, which makes the fifth amendment to Law No. 52/2003, of 22 August (Law on Combating Terrorism)

-
2016/681/EU: Directive 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime Implemented   -

Law no. 21/2019, of 25 February, which regulates the transfer by air carriers of passenger name record data, as well as the processing of such data, and makes the third amendment to

Law no. 53/2008, of 29 August, which approves the Internal Security Law

-
2016/800/EU: Directive 2016/800/EU of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings Implemented   -

Law no. 33/2019, of May 22, which makes the thirty-third amendment to the Code of Criminal Procedure, approved by Decree-Law no. 78/87, of February 17

-
2016/1919/EU: Directive 2016/1919/EU of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings Implemented   -

Law 34/2004 of 29 July 2004, establishing the regime of access to law and courts

Law 65/2003 of 23 August 2003, which proves the legal regime of the European Arrest Warrant

Code of Criminal Procedure

-
2017/1371/EU: Directive 2017/1371/EU of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law Implemented   -

Law No. 34/87 of 16 July on the Crimes of Responsibility of Political Officers

Law No. 18/2008 of 29 January (republished by Decree-Law No. 111-B/2017 of 31 August)

Public Procurement Code

Law No. 5/2002 of 11 January establishing measures to combat organised and economic-financial crime

-
2018/843/EU: Directive (EU) 2018/843 of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU Implemented   -

Law no. 58/2020, of 31 August (amending several laws)

-
2018/1673/EU: Directive 2018/1673/EU of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law. Implemented   -

Law no. 58/2020, of 31 August (amending several laws)

-
2019/713/EU Directive of the European Parliament and the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment replacing Council Framework Decision 2001/413/JHA   - ---
2019/884/EU: Directive (EU) 2019/884 of the European Parliament and of the Council of 17 April 2019 amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third-country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA Planned   process ongoing --

Assessement exercise on going

2008/978/JHA: Council Framework Decision 2008/978/JHA of 18 December 2008 on the European Evidence Warrant (EEW) for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters. – repealed by Regulation (EU) 2016/95 of 20 January 2016 repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters. Implemented   ---
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