Questionnaire Portugal

I.12 Which special investigation methods?

Only in cases of serious crime and with the authorisation of the judicial authorities the police can use special investigation methods.
Infiltration during the investigation phase requires prior authorisation of the public prosecutor, and subsequent validation by the investigation judge (sect. 3(3) Act 101/2001).
Special investigation methods requiring the disclosure of otherwise confidential information, for example by the welfare authorities, credit institutions, finance companies or Inland Revenue officers, require authorisation of the public prosecutor (sect. 2(2) Act 5/2002).
Access to bank account details, on the other hand, is always subject to the authorisation or orders of the investigation judge (sect. 4 Act 5/2002).
Audio and visual recordings can be made without the person’s consent with the authorisation or under the instructions of the investigation judge (sect. 6 Act 5/2002).