Questionnaire Portugal
I.13 Which coercive measures?
In general, recourse to coercive measures such as
searches of persons and premises, seizures and arrests, depends upon prior
authorisation or orders of the investigation judge within his respective
powers.
Apart from arrests and searches of persons and premises in red-handed situations, the criminal police agencies can apply these coercive measures only where it proves impossible to have recourse in due time to the competent judicial authority and the collection of evidence is imperilled. They can also be applied in cases such as terrorism or violent or highly organised crime, where it is reasonable to believe that a crime likely to endanger the life or the physical integrity of any person is about to be committed (sects. 251, 249 and 174 CCP).
Apart from arrests and searches of persons and premises in red-handed situations, the criminal police agencies can apply these coercive measures only where it proves impossible to have recourse in due time to the competent judicial authority and the collection of evidence is imperilled. They can also be applied in cases such as terrorism or violent or highly organised crime, where it is reasonable to believe that a crime likely to endanger the life or the physical integrity of any person is about to be committed (sects. 251, 249 and 174 CCP).
