Fiches Belges

The freezing of bank accounts must be ordered by the investigation court. It may take place, generally, at any moment of the proceedings and during the execution of a search on banking premises and also when it is necessary to prevent a money laundering offense from being committed (in this case, the judge may authorize the temporary freezing of bank operations).

The applicable law on freezing of assets is the Criminal Procedural Code (article 181), which refers to this measure for national cases. The freezing of bank accounts is also ruled in Law 83/2017, of 18.08, that establishes measures to combat money laundering and the financing of terrorism. 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. Freezing of bank accounts 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 bank accounts to be frozen are simultaneously intended for evidence and future confiscation. - Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005) , 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 investigating judge or the trial judge, depending on the stage in the proceedings; • As the executing State The investigation judge competent in the area where are located the premises of the bank where the account is based.. (Article 11 of Law No 25/2009 of 5 June 2009).

Portuguese or Spanish (only in case of EIO)

No specific deadlines.

The decision of freezing the bank accounts can be recognized even when it is issued against a simple suspect.