minors : 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.
victims : The concept of “victim” finds its legal expression in the person against whom the crime was committed, considered as the holder of interests specially protected by the penal code and in the person of the injured party/plaintiff claiming damages in a criminal action, understood to be the person who has suffered injury, loss or damage as a result of a crime. The victim also has a special status in criminal proceedings, in the capacity of “person present” (private accuser). Statements may also be taken from “persons present” and plaintiffs claiming damages in a criminal action at the request of the latter or of the accused or if the competent legal authority finds this necessary; the “person present” and the plaintiffs claiming damages must comply with the obligation to tell the truth, violation of which is a criminal offence. The giving of statements by the victim as “person present” or plaintiff claiming damages is subject to the rules governing evidence supplied by witnesses except where this is obviously inapplicable and where the law would have provided differently, and is not preceded by taking the oath.
• accused : But the summons for a person to appear in order to participate in foreign criminal proceedings as suspect/accused does not create an obligation on its recipient. The Portuguese authority rejects the notification if the letter contains the threat of penalties or if the measures necessary for the safety of this person are not guaranteed.The accused may be notified through his defending counsel except in the case of notifications for the application of coercive measures and patrimonial guarantee, accusation, halt proceedings, decision to investigate and fixing a date for the judgement and sentencing decision. These actions have to be personally notified as well as to his legal counsel.
• suspects :The first judicial examination of the suspect detained is carried out by the examining magistrate within 48 hours of arrest. The suspect is presented before the judge by the prosecuting magistrate. The examination takes place in the presence of the defence lawyer. The judicial examination aims to check the legal conditions of the detention, to decide on the application of any rectrictive measure an to inform the accused of his rights, the facts and the evidence. There may be a preliminary non-judicial examination of the suspect detained who will be presented to the prosecuting magistrate; it is certain that unless the accused is released he will have to be indicted before the examining magistrate within the period stated above. The other examinations of the suspect detained and examinations of non-arrested suspects are carried out, during the investigation, by the prosecuting magistrate, and during the trial by the judge. During the investigation these examinations may be carried out by the criminal police to whom the investigating magistrate have delegated this procedure. When a suspect has to be questioned, the communication must have a minimum delay of 3 days, unless in case of justified urgence.
• person under special protection: exceptionally, the witness protection law may be applied, wich includes the possibility of questioning by teleconference, the masking of the image and distortion of the voice
• scope of persons who could not be interrogated: minors of 16th
• person who cooperated with the inquiry: inquired as witnesses
• conditions of the foreign authorities to participat: they can participate as an adjunct to the investigation,with the authorization from the Minister of Justice of Portugal ( article 145 of Law 144/99, on International Judicial Cooperation in Criminal Matters).