Fiches Belges

Under Portuguese law, in addition to freezing for the purpose of securing evidence (see A.31), can be frozen instruments, products or profits related to the commission of a crime with the purpose to their future confiscation or restitution to the victims or legitimate owners. Freezing measures are authorised, ordered or validated by order of the public prosecutor or investigative judge. Police forces may seize objects during searches or when there is urgency or danger in delay. Police can also carry freezing measures when there is a well-founded fear of disappearance, destruction, damage, destruction, concealment or transfer of assets Seizures or freezing measures made by the police shall validated by the judicial authority within a maximum period of seventy-two hours. Cars, boats or aircrafts or other valuable (exceeding €5.100,00) freezing assets are handled by the Asset Administration Office.

The applicable law on freezing of assets is the Criminal Procedural Code (article 178-186), which refers to this measure for national cases. In cases of mutual recognition the Portuguese applicable law is Law 25/2009 of 5 June, on mutual recognition of judicial decisions in criminal matters in the European Union, which regulates freezing orders Freezing of assets under international judicial cooperation should be ordered or requested under the framework of: - Regulation (EU) 2018/1805 of the European Parliament and the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders issued in respect of participant Member States; - Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; - in other cases; - - Directive 2014/41/EU of the European Parliament and the Council of 3 April 2014 regarding the European Investigation Order in criminal matters with regard to participating Member States; - When assets to be frozen are simultaneously intended for evidence and future confiscation. - Convention of 29 May 2000 on Mutual Legal Assistance in Criminal Matters between the Member States of the European Union and European Convention of 20 April 1959 on Mutual Assistance in Criminal Matters - in other cases;

For the purposes of the mutual recognition of a freezing order, the competent national authorities are as follows: • As the issuing State The Portuguese judicial authority competent for the same order relating to property situated in Portugal (Article 4 of Law No 25/2009 of 5 June 2009), i.e. the public prosecutor’s office, the investigating judge or the trial judge, depending on the nature of the property to be frozen and the stage in the proceedings; • As the executing State The court with jurisdiction to carry out criminal investigations in the area where the property that is the subject of the freezing order was on the date of the order, in the area where most of the properties are located or, if that is not possible, the court that first took cognizance of the freezing order. (Article 11 of Law No 25/2009 of 5 June 2009).

Portuguese or Spanish (only in case of EIO)

No specific deadlines.

The freezing of assets on the premises of medical practitioners and lawyers shall be presided by the investigative judge with the presence of an appointed agent from the Medical or Lawyers Orders. The judge shall also make the freezing of assets in banking premises personally.