Portugal
Criminal investigations in Portugal
A two-phase, magistrate-directed model: the prosecution directs the investigation (inquérito), and an investigating judge conducts the optional judicial-investigation phase (instrução).
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Criminal investigation in Portugal is directed by the magistracy, not the police. The direction of the investigation "belongs to the competent judicial authority at each stage of the proceedings" (Law 49/2008, Article 2), and in the investigation phase (the inquérito) that authority is the Public Prosecution Service, which the criminal-police bodies assist and act under (Code of Criminal Procedure, Article 263). The police carry out the investigative acts under the prosecution's direction.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Code of Criminal Procedure (Código de Processo Penal), consolidated text
Portugal — consolidated Código de Processo Penal (official-origin text) · Legislation · link verified 2026-07-26
A consolidated Code of Criminal Procedure text, fetched as a PDF and text-extracted. Supports Art. 263(1) ("a direcção do inquérito cabe ao Ministério Público, assistido pelos órgãos de polícia criminal" — the Public Prosecution Service directs the investigation phase, assisted by the criminal-police bodies) and Art. 17 (the investigating judge, juiz de instrução, conducts the optional judicial-investigation phase, the instrução, and acts as guarantor of rights). Establishes the two-phase, magistrate-directed investigation model.
Law 49/2008 — Organisation of Criminal Investigation (LOIC), consolidated text
Diário da República (via the Polícia Judiciária official site) · Legislation · 2008-08-27 · link verified 2026-07-26
The consolidated LOIC text (an official Diário da República version hosted on the Polícia Judiciária site), fetched as a PDF and text-extracted, verified verbatim. Supports Art. 2(1) ("a direcção da investigação cabe à autoridade judiciária competente em cada fase do processo" — direction of the investigation belongs to the competent judicial authority at each stage) and Art. 2(4) (the criminal-police bodies act under the direction and functional dependence of that authority); Art. 3(1) naming the three general-competence criminal-police bodies — the Polícia Judiciária (PJ), the Guarda Nacional Republicana (GNR) and the Polícia de Segurança Pública (PSP); and Art. 7(2) reserving the most serious crimes to the Polícia Judiciária.