Fiches Belges

Confrontation between those accused, the accused and the “person present” (private accuser), between witnesses or amongst these, the accused, the “person present” and plaintiffs claiming damages is permitted if there are contradictions between their statements and this step appears useful in ascertaining the truth. This confrontation is carried out automatically or on request.

Directive 2014/41/EU on EIOs (Art. 3); Art 11(1) 1959 Convention

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

Portuguese

N/A

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 the fundamental principles of Portuguese law and does not inflict serious loss or damage on the persons affected by the proceedings. When it has copied the statements, the body which presides over this action requests the persons confronting one another to confirm or modify them and, if the occasion arises, to dispute those of the other persons; it then asks them the questions which it deems necessary to clarify the truth. 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.