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Asset Forfeiture Laws in Portugal: A Comprehensive Overview
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Portugal has implemented various laws and regulations regarding asset forfeiture, enabling authorities to seize and confiscate assets linked to criminal activities. This article will explore the key provisions of these laws and how they work.
International Judicial Cooperation
According to Law No. 144/99 on International Judicial Cooperation in Criminal Matters, Portuguese authorities can only hand over property or money to foreign authorities if it is not required for a criminal investigation in Portugal. Additionally, any rights held by third parties or legitimate owners must be preserved.
Mutual Legal Assistance
Part V of the same law allows Portuguese authorities to trace and seize proceeds, objects, and instrumentalities of crimes at the request of a foreign authority. The provisions also enable the enforcement of decisions made by foreign courts imposing confiscation of assets related to an offense.
The Rome Statute
The Rome Statute, which Portugal has ratified, emphasizes the importance of cooperation among countries in tracing and seizing assets linked to criminal activities. Article 93 of the statute states that States Parties must comply with requests from the International Criminal Court (ICC) to provide assistance in relation to investigations or prosecutions, including:
- Identification
- Tracing
- Freezing
- Seizure
of proceeds, property, and assets.
Conclusion
Portugal’s asset forfeiture laws are designed to facilitate international cooperation and ensure that criminals cannot use their ill-gotten gains to evade justice. By understanding these laws and regulations, individuals and organizations can better navigate the complex legal landscape surrounding asset forfeiture in Portugal.
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