Fiches Belges

Procedural documents can be directly sent to the addressee by post or, when expressly required, by any other manner if compatible with the portuguese law. The criminal proceedings must be public from the moment the charges are brought at the examination stage, or if there is no examination, from the moment when it may no longer be requested, if the proceedings are not to be declared null and void. No information about the proceedings shall be disclosed until that moment.The proceedings is made public from the acceptance of the request for examination where the latter has been requested by the accused provided that he has not declared in his request that he is opposed to the disclosure.In the situations specified in the Code of Criminal Procedure certain documents may also be disclosed during the stages of the proceedings covered by secrecy. However if this item aims at providing for information on how to request documents from the Portuguese authoritiws the current legal basis is the Directive 2014/41 /UE

Directive 2014/41/UE and Law 88/2017 that adopted its solutions in a domestic Law.

Depending on the phase of the procedure, the Prosecutor, the Judge of Instruction or the Juge.

Portuguese and Spanish due to bilateral declarations based on reciprocity between Portugal and Spain.

General execution of an EIO

Outside of the EU 1959 COE Convention, multilateral and bilateral treaties apply. They are complemented by domestic Law 144/99 from august 31st.