PORTUGAL Law and Practice Contributed by: Bárbara Marinho e Pinto, Amanda Bueno Almeida and Lua Mota Santos, Rogério Alves & Associados Sociedade de Advogados, SP, RL
tigation, may only be subject to preventive seizure under Article 228 of the Portuguese Code of Criminal Procedure. Given the impact of seizures on constitutionally pro - tected rights and guarantees, their execution is sub - ject to authorisation or validation by the competent authority (either the judge or the prosecutor), as out - lined in numbers 3 to 6 of Articles 178, 267, 268 and Article 1 (b) of the Portuguese Code of Criminal Pro - cedure. Exceptionally, searches can be carried out by crimi - nal police bodies but in these urgent cases such acts must be validated within 72 hours (Article 178 (4)(6) of the Portuguese Code of Criminal Procedure). According to Article 177 of the Portuguese Code of Criminal Procedure, house searches can only be ordered or authorised by a judge and must be carried out between 7am and 9pm (outside these hours, that is, during the night between 9pm and 7am, they can only be carried out in exceptional cases, as provided for in the same article). 2.3 Obtaining Disclosure of Documents and Evidence From Third Parties If a party seeks to include documents that are deemed relevant to the case but are held by a third party in the proceedings, they must request the competent judicial authority to take the necessary measures to obtain them. 2.4 Procedural Orders It follows from Article 61 (1)(a) of the Portuguese Code of Criminal Procedure that the defendant has the right to be present at procedural acts that directly concern them. However, there are exceptions to this rule, in particular regarding the seizure of assets without hearing the opposing party. The seizure of assets without hear - ing the opposing party ( arresto sem audiência do réu/ arguido ) is an urgent protective measure provided for in Article 228 of the Portuguese Code of Criminal Procedure and Articles 391 to 396 of the Portuguese Code of Civil Procedure. It is intended to prevent the dissipation or concealment of assets before a court
judgment is delivered. The court may order the provi - sional seizure of assets ex parte (without prior notice or hearing of the defendant) where there is a serious risk of irreparable harm or of asset dissipation. After the seizure, the defendant must be notified promptly and given an opportunity to be heard or to challenge the order. 2.5 Criminal Redress Under Portuguese law, victims of fraud often seek redress through the criminal justice system by filing a civil compensation claim ( pedido de indemnização civil ) within the criminal proceedings. This allows the court to rule on both criminal responsibility and civil liability in a single process, which is generally more efficient and cost-effective. Victims may also partici - pate as private prosecutor ( assistente ) to help influ - ence the proceedings. This mechanism is widely used in fraud cases where financial harm is central to offence. When civil and criminal proceedings run in paral - lel, Portuguese courts may suspend the civil action until the criminal case concludes, especially when the criminal outcome is relevant to determining civil liability. Criminal conviction can have binding effects on civil proceedings regarding factual findings, but an acquittal does not necessarily prevent a separate civil claim. However, delays in the criminal process can slow down victims’ access to compensation, prompt - ing some to pursue standalone civil actions for faster results. 2.6 Judgment Without Trial Under Portuguese criminal law, a judgment cannot be obtained purely by default or without a trial, even if the defendant does not participate or the defence appears unmeritorious. That said, if the defendant is absent without justification, the trial may proceed in their absence ( julgamento à revelia ) under Article 333 of the Portuguese Code of Criminal Procedure, provided the court confirms the defendant was prop - erly notified and their rights are safeguarded. Even in such cases, the court must hear the prosecution’s evidence, examine witnesses, and deliberate as in any other trial. Thus, while proceedings may continue without the defendant, a full trial is still required before a criminal judgment can be rendered.
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