Fiches Belges

Restitution of assets can be determined when it is no longer necessary to hold the frozen assets as evidence or other purpose (for ex., if the goods will not be later confiscated), they can be returned to the owner, which may be the victim, a third party or even the defendant. The restitution is possible at any stage of the procedure.

The applicable law on restitution of assets is the Criminal Procedural Code (article 186), which refers to this measure for national cases. Restitution 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 (article 29), issued in respect of participant Member States; - Convention of 29 May 2000 on Mutual Legal Assistance in Criminal Matters between the Member States of the European Union (article 8); - Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2010) (Art. 12)

The public prosecutor or the court depending on the stage of the procedure.

Portuguese

No specific deadlines.

MS from outside of the EU may use the COE 1990 or Warsaw Conventions. Rules from domestic Law 144/99 from august 31st apply on basis of reciprocity.