Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

The expertise is ordered, officiously or at the request of the procedural intervenients, by order of the judicial authority, containing the indication of the object of the expertise and the questions that the experts must answer, as well as the indication of the institution, laboratory The expertise is ordered, officiously or at the request of the procedural intervenients, by order of the judicial authority, containing the indication of the object of the expertise and the questions that the experts must answer, as well as the indication of the institution, laboratory or the name of the experts who will carry out the expertise.  During the investigation phase, the competent authority to order the expertise will be the Public Prosecutor's Office.  The expert is obliged to perform the function for which he has been competently appointed.  When the expert does not present the report within the prescribed period or when he negligently performs the task entrusted to him, he may be replaced (this decision cannot be appealed).  Gross violation of the expert's duties may be sanctioned with the payment of a certain amount.

Legal Framework

International legal framework applicable for this measure in your Member State

Criminal Procedure Code-articles 151º-163º

Competent Authority

* receive the request/decision for judicial cooperation

Prosecutor or judge, depending on the respective procedural stage

Accepted languages

Accepted languages for the request/decision

Portuguese

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

N/A

Concise legal practical information

Special requirements

Expert judgment is presumed to be excluded from the free appreciation of evidence

Last reviewed on 30 November 2022 by EJN Secretariat

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