Taking into account previous convictions

Portugal

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Portugal

Directorate-General for Justice Administration – Directorate for Criminal Identification Services

Address:

Av. D. João II, No 1.08.01 D/E, Floors 0, 9 to 14
1990-097 Lisbon

Telephone: (+351) 217 906 200/1
Fax: (+351) 211 545 100

Email: correio.dsic@dgaj.mj.pt
Website: https://dgaj.justica.gov.pt/Registo-criminal/-Pedir-e-consultar-registo-criminal-de-pessoas

Under Law No 37/2015 of 5 May 2015, in addition to the data subject and any person demonstrating that they are lodging a request on the data subject’s behalf or in their interest, the following entities may access the information contained in criminal records, but solely for the purposes designated for each of them:

  1. Judges and prosecutors for the purposes of criminal investigations, the preparation of criminal and parole proceedings, decisions on adoption, guardianship, wardship, temporary foster care or guardianship placement (apadrinhamento civil), surrender, custody or placement of children or parental responsibility, and decisions on debt discharge in bankruptcy proceedings involving natural persons;
  2. Entities to which investigative work is delegated under criminal procedural law, or to which it falls to provide international cooperation in the prevention and prosecution of crime, within the exercise of those powers;
  3. Entities with the power to examine prisoners’ individual files, for that purpose;
  4. Community reintegration services, within the exercise of their remit;
  5. Entities with powers for guaranteeing domestic security and preventing sabotage, terrorism, spying or any deed which, by its nature, may alter or destroy the rule of law constitutionally established, solely within the exercise of their remit;
  6. Official entities not covered by the previous paragraphs, in the exercise of their public powers, where certificates cannot be obtained from the data subjects and subject to an authorisation from the Member of Government in charge of justice, and, for cases where the data relate to a legal person or equivalent, the public entities charged with regulating economic activity by the legal person or equivalent in so far as is strictly necessary to perform this regulatory duty and subject to an authorisation from the Member of Government in charge of justice;
  7. The central authorities in the Member States of the European Union as referred to in and for the purposes of Council Framework Decision 2009/315/JHA of 26 February 2009 when exercising the powers conferred on them by that Framework Decision;
  8. Foreign authorities or entities, subject to an authorisation from the Member of Government in charge of justice and under the same conditions as those applicable to the corresponding Portuguese authorities, as part of preparatory investigations in criminal proceedings;
  9. The official entities of the Member States of the European Union, under the same conditions as those applicable to the corresponding Portuguese authorities, for the purposes set out in Article 22(5) of Law 37/2006 of 9 August 2006, and also entities from another State, under the terms set out in conventions or international agreements in force, subject to reciprocal arrangements for the Portuguese authorities;
  10. Entities authorised by the Member of Government in charge of justice for the purpose of scientific or statistical research.

Data subjects requesting certificates must prove that they are the actual data subject, confirm their identity by presenting a citizenship or identity card or any identification document suitable for the purpose, and state the end to which the certificate is intended. Where the request is made via the electronic platform, the data subject proves their identity through authentication by means of the citizenship card or a digital mobile key (Law No 37/2015 of 5 May 2015).

Requests for a criminal record certificate may be made by the following on behalf of the data subject:

  1. Relatives of minors in the ascending line;
  2. Guardians of individuals lacking legal capacity;
  3. Any third party expressly authorised to do so by the data subject in a written document.

Relatives or guardians submitting a request as referred to in paragraphs (a) and (b) must demonstrate the capacity in which they are lodging the request, confirm their identity by presenting their citizenship or identity card or any other identification document suitable for that purpose, and state the end to which the certificate is intended.

A third party authorised to submit a request for a certificate by the data subject must present a declaration from the latter, duly signed and stating:

  1. the full name of the data subject and the number of his/her citizenship or identity card, or of any other suitable identification document;
  2. the full name of the authorised party and the number of his/her citizenship or identity card, or of any other suitable identification document;
  3. the declaration authorising the request for a certificate, stating to which end the certificate is intended.

In addition to the above-mentioned declaration, the authorised third party must present his/her identification document as referred to in the authorisation declaration, and also the identification document of the data subject validating their signature and identification data, or a certified copy thereof.

The information contained in the criminal record or absence thereof is disclosed by means of issuing an (electronic) criminal record certificate identifying the person to whom it refers and confirming the contents of the record relating to that person, or absence thereof, in accordance with the provisions of the law on criminal identification and in view of the purpose for which it is intended. Certificates are valid for three months from the date of issue and solely for the purpose indicated in the request and mentioned on the certificate (Law No 37/2015 of 5 May 2015 and Decree-Law No 171/2015 of 25 August 2015).ºº

You can submit a request for a criminal record certificate via the website, at the premises of the Directorate-General for Justice Administration, via the network of Citizens’ Advice Bureaux (Lojas do Cidadão) or Citizens’ Centres (Espaços do Cidadão) that provide this service, to the central units or local magistrates at the Registrar of the District Courts, or at the bureaux of the Integrated Network of Support to Citizens (Rede Integrada de Apoio ao Cidadão) in the Azores.

Last update: 28/09/2020

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