Questionnaire Portugal
I.15 Does the prosecution service have the power to give instructions to the police, which cases have to be further investigated and which cases have to be discontinued?
The criminal police agencies act under functional
dependence on and direct guidance of the public prosecutor, although it can
give functional-like instructions only.
This means that the public prosecutor can order any steps it deems necessary. However, he cannot give instructions on the time and manner in which they are to be executed as there is no organisational and hierarchical dependence between the public prosecutor and the criminal police agencies (sect. 2(4) Act 21/2000).
This means that the public prosecutor can order any steps it deems necessary. However, he cannot give instructions on the time and manner in which they are to be executed as there is no organisational and hierarchical dependence between the public prosecutor and the criminal police agencies (sect. 2(4) Act 21/2000).
