Search and seizure - national procedures for ICC proceedings

Portuguese Republic

Law No. 144/99, of 31 August, on International Judicial Cooperation in Criminal Matters

Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters


Article 11
Protection of confidentiality

1. In implementing a request for international co-operation submitted to Portugal, the provisions of the Code of Criminal Procedure and supplementary legislation concerning grounds of refusal to testify, seizure of property, telephone tapping, professional or State secrets, or any other cases in which confidentiality is protected, shall apply.

2. The provisions of the preceding paragraph shall apply to any information that according to the request, ought to be given by persons not involved in the foreign criminal proceedings.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 55
Objections of the person claimed

4. If property is seized, both the person claimed and the public prosecutor may put forward their views on the matter.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 56
Producing of evidence

1. Any steps requested or taken at the initiative of the judge, in particular steps taken in order to decide on the property seized, must be done within 15 days, in the presence of the person concerned, his counsel, an interpreter if necessary and the public prosecutor.


Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters

Article 11
Protection of confidentiality

1. In implementing a request for international co-operation submitted to Portugal, the provisions of the Code of Criminal Procedure and supplementary legislation concerning grounds of refusal to testify, seizure of property, telephone tapping, professional or State secrets, or any other cases in which confidentiality is protected, shall apply.

2. The provisions of the preceding paragraph shall apply to any information that according to the request, ought to be given by persons not involved in the foreign criminal proceedings.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 55
Objections of the person claimed

4. If property is seized, both the person claimed and the public prosecutor may put forward their views on the matter.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 56
Producing of evidence

1. Any steps requested or taken at the initiative of the judge, in particular steps taken in order to decide on the property seized, must be done within 15 days, in the presence of the person concerned, his counsel, an interpreter if necessary and the public prosecutor.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;