Fiches Belges

The provisions of Portuguese law are limited to the setting up of JITs only between Member States. However, third States may reach agreement with a Portuguese JIT based on a bilateral cooperation treaty or a multilateral convention, e. g. the UN Convention against Transnational Organized Crime.

Law 144/98 of 31 August (article 145º, nºs 5, 6, 7 and 9, modified by Law 104/2001) on joint investigation team (JITs) within the Framework of the European Union and articles 145º-A e 145º-B (modified by Law 48/2003 of 22 August). Criminal Procedure Code – articles 229º till 233º. Law 109/2009 of 15 September, Cybercrime Law.

COMPETENT AUTHORITY(IES) TO AUTHORISE THE SETTING-UP OF A JIT a) the Prosecutor General (on behalf of Ministry of Justice) regarding the investigation of crimes falling outside the jurisdiction of the Central Department of Investigation and Prosecution when there is a criminal investigation open. b) the judicial authority (public prosecutor) deciding autonomously on the setting up of a JIT in cases when it has jurisdiction (e.g. terrorism cases or cases concerning serious crimes with a national or international dimension) in any Member State; c) the National Members of EUROJUST – article 6º, a), iv, of Council Framework Decision of 13 June 2002 on joint investigation teams (2002/465/JHA) (2002 EU FD on JITs); d) the College of National Members of EUROJUST, regarding criminal cases and crimes – Article 2º of EUROPOL Convention of 26 July (e.g. Traffic in Narcotic Drugs and Psychotropic Substances, money laundering, criminal association in illegal emigration, traffic of human beings and traffic of stolen cars – Article 7º, a, iv, of Council Framework Decision of 13 June 2002 on joint investigation teams (2002/465/JHA) (2002 EU FD on JITs).

N/A

There are no specific provisions on the duration of a JIT other than those provided by article 13 (1) of the 2000 EU MLA Convention and by Article 1 (1) of the 2002 EU FD on JITs.

A request to Portugal for setting up a JIT can be made by another State, by an EU body, e.g. Eurojust (in this case, if the Portuguese authorities decide to refuse the request, they must provide grounds for the refusal) or Europol (in this case there is no obligation to explain the grounds for refusal). The request must indicate the information outlined in Article 14 of the 1959 MLA Convention. Additionally, a proposal for the composition of the team should be included. There is no limited list of crimes allowing the setting-up of a JIT. Typically, JITs are set up to combat organized crime, namely trafficking in drugs, trafficking in human beings and terrorism or organized and international finance and economic criminality.