Fiches Belges

Voice and image recording is only admissible in situations where investigations are underway into crimes of drug trafficking, terrorism, terrorist organisations, international terrorism and terrorism financing, arms trafficking, influence peddling, undue receipt of advantage, corruption, including in the public and private sectors, international trade and sport, embezzlement, economic participation in business, money laundering, criminal association, child pornography, counterfeiting, use and acquisition of counterfeit cards, computer damage, computer sabotage, illegitimate access to a computer system, trafficking persons, counterfeiting currency, smuggling and trafficking in and tampering with stolen vehicles.

In the Portuguese legal system, it is admissible to obtain voice and image recordings of suspects and people who come into contact with them, by virtue of the provisions of art. 6 of Law 5/2002, of 11 January, to which the formalities foreseen in art. 188 of the Portuguese Code of Criminal Procedure also apply.

It must be ordered by a judge / investigating judge [art. 269, no. 1, f) of the CPP].

Portuguese or Spanish, if the request comes from Spain only.

The collection of voice and image is authorized for the period of time deemed appropriate for the investigation, which normally stands at 30 days, with the possibility of renewal, subject to a request for extension.

To carry out the recording of the voice and image, the police use the means at their disposal and present the results of the recording every 15 days (or summary of the conversation captured or images/photographs) to the Public Prosecutor's Office, who in turn transmits them to the judge within 48 hours.