Fiches Belges

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.

Directive 2014/41/EU on EIOs; EU MLA Convention 2000; Non-EU - Art 9 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001)

Prosecutor during the investigation phase of proceedings Judge during the trial phase of the proceedings

Portuguese and Spanish only for Spanish authorities, on basis of reciprocity declarations

N/A

For third States the applicable instruments are different. The 1959 COE Convention for all State Parties that are not MS of the EU; CPLP Convention for cooperation with Angola, Brasil, Cabo Verde, Guiné Bissau, Moçambique and São Tomé. Domestically Law 144/99 from august 1999 applies.