Key Benefits:
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PROPOSED LAW NO. 143 /X
Exhibition of Motives
It is a given that crime has changed. Social transformations, policies and
economic have changed the previous paradigms of combating all forms of illicit
criminals. Its transnational character has crossed the limits previously imposed by the
traditional borders. They are example of these evidence, terrorism, corruption, the
money laundering, the laundering of advantages of illicit provenance and the
trafficking in narcotics that are, nowadays, extremely complex phenomena and of
international contours and ramifications.
In Judicial Police, after the general precepts that presided over his gestation,
legally consigned to the Decree-Law No. 35042 of October 20, 1945, the
moment is of concentration, rationalization and specialization of means, following the
defined by the Criminal Investigation Organization Act (Law No. 21/2000, of 10 of
August).
Seven years decorated about the previous Organic Law (Decree-Law No. 275-A/2000, of 9 of
November), it becomes necessary to update and appropriate the Organic structure of the Police
Judicial to the new characteristics of criminality, betting on its specificity
functional.
In this sense and in such a way as to increase the operationality and specialization of PJ are
created national units, with the special mission, specifically, of combat to
organised crime, in place of the previous central directorates, concentrating
in those units the combating of terrorism, corruption and trafficking in narcotics,
taking into account the new characteristics of criminality and socially gravy nature
of those criminal illegitimate, which require adequate responses and intervention from the point of view
of operationality.
Still in accordance with the logic of structural reorganisation of services, taking into account the
need for rationalization of resources towards achieving greater efficiency and
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effectiveness in the activities developed, units with new assignments are created and
different ambit of acting.
Thus, the territorial units correspond, "roughly way", to the previous directorships, but
with more extensive competences, depending on the transfer of the responsibility of the
combat a few more generic areas of crime, formerly of competence
of the central directions.
The previous criminal investigation departments have given way to regional units and
local units, in the hierarchical dependence and coordination of territorial units, with
fundamentally operational characteristics, by aligning the respective structures
internal and aiming to enable significant gains in the level of efficiency of the activities of
research.
The research support units and support units have come to occupy the place of the
previous central departments and supporting departments.
In this scope and in direct dependence of the National Directorate are still placed the School
of Police Judiciary-previous Higher Institute of Police Judiciary and Criminal Sciences
-constituting itself as an organic unit specialized in the training of employees
of the Police Judiciary and other criminal police bodies, without forgetting the component of the
international cooperation, the Unit for the Prevention and Technological Support, the Unit of
Financial Information
Thus being and in the framework of the guidelines set out by the Restructuring Programme of the
Central Government of the State (PRACE) and the objectives of the Government Programme in the
touching on administrative modernization, improvement of the quality of public services with
efficiency gains, it matters to realize the effort of consecrated structural rationalization
in the Decree-Law No. 206/2006 of October 27, which approved the organic law of the Ministry
of Justice, advancing in the definition of the organizational models of the services they integrate
the respective structure.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
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Title I
General provisions
CHAPTER I
Nature, mission and assignments
Article 1.
Nature
The Judicial Police, abbreviated by PJ, upper body of criminal police
organized hierarchically in the dependence of the Minister of Justice, is a central service
of the direct administration of the State, endowed with administrative autonomy.
Article 2.
Mission and attributions
1-A PJ has for mission to co-adjuve the judicial authorities in the research, develop and
to promote the actions of prevention, detection and research of its competence or that
be committed to you by the competent judicial authorities.
2-A PJ pursues the assignments set out in this Law, pursuant to the Law of
Organization of Criminal Investigation and the Criminal Policy Framework Act.
Article 3.
Co-adjuvation of the judicial authorities
1-A PJ coadjuts the judicial authorities in prosecutions for crimes whose detection
or research tasked with it or when it appears necessary to practise acts
which precedents the trial and which require knowledge or technical means
special.
2-For the purposes of the provisions of the preceding paragraph, PJ acts in the process under the direction of the
judicial authorities and in their functional dependence, without prejudice to the respective
hierarchical organization and technical autonomy.
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Article 4.
Prevention and criminal detection
1-In the matter of prevention and criminal detection, it is incumbent on PJ:
a) To promote and carry out actions aimed at fostering general prevention and reducing the
number of victims of the practice of crimes, motivating citizens to adopt
precautions and to reduce the acts and situations that facilitate or precipitated the
occurrence of criminal conducts;
b) Proceed to appropriate representations to the clarification of situations and the collection of
probatory elements.
2-Within the scope of criminal prevention PJ proceeds to the detection and deterrence of situations
conducive to the practice of crimes, particularly through surveillance and surveillance of
places likely to propitiate the practice of criminal unlawful acts, without prejudice to the
assignments of the remaining criminal police bodies.
3-In the exercise of the actions referred to in the preceding paragraph, PJ has access to the
information required for the characterization, identification and location of situations,
may proceed to the identification of persons and carry out vigilances, if necessary, with
resource to all means and techniques of sound and image recording, as well as magazines
and searches, pursuant to the provisions of the Code of Criminal Procedure and legislation
complement.
Article 5.
Criminal investigation
1-PJ's competences relating to criminal investigation are those defined in the Law of
Organization of Criminal Investigation.
2-Compete still told PJ to ensure the operation of the INTERPOL Offices and
EUROPOL for the effects of its own mission and for sharing information in the
framework defined by the Internal Security Act.
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Article 6.
Duty of cooperation
1-A PJ is subject to the duty of cooperation under the law.
2-Public and private entities, in the persons of the respective representatives, shall
provide PJ with the cooperation that is justifiably requested to them.
3-The persons and entities carrying out functions of surveillance, protection and security to
people, goods and public or private facilities have the special duty to collaborate with
the PJ.
Article 7.
International cooperation
Within the framework of the international police cooperation instruments the PJ can establish
cooperative relations in the different fields of its activity.
Article 8.
Criminal information system
1-A PJ has a national framework criminal information system, targeting the
treatment and dissemination of information, to be regular in a diploma of their own.
2-The system referred to in the preceding paragraph is articulated and will have appropriate interoperability
with the remaining legally anticipated criminal information systems.
Article 9.
Right of access to information
1-A PJ directly accede to information relating to constant civil and criminal identification
of the magnetic files of the civil and criminal identification services and provides
mandatorily collaboration in the analysis of automatic treatment applications of the
information with an interest for the prevention and criminal investigation, when carried out
by the Institute of Information Technologies in Justice, I. P.
2-A PJ may access, in the terms of the applicable standards and procedures, the information of
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criminal interest contained in the computer files of other national bodies and
international, celebrating cooperation protocols whenever necessary.
Article 10.
Duty of comparance
1-Any person, when duly notified or summoned by PJ, has a duty to
attend the designated day, time and place, under penalty of the sanctions provided for in the law
criminal procedure, with the exception of the situations provided for in the law or international treaty.
2-In case of urgency, the notification or convocation referred to in the preceding paragraph may
be made by any means intended to give notice of the fact, including by
via telephone; in the latter case, the entity making the notification or convocation
identifies itself and gives account of the role it plays, as well as the elements that
allow the call to integrate with the act for which it is summoned and to carry out, if it wants to,
contrapproves it that it is an official and true telephone call, owing to the washing
quota in the auto as to the medium used.
3-When notifying you or the person summoned to have to move to a place that is
situate outside the comarch of your residence, place of work or from the place where to meet,
the PJ shall ensure the necessary means of transport and the assistance due, provided that
this has been requested to you.
CHAPTER II
Criminal police officials
Article 11.
Criminal police officials
1-Are criminal police authorities, in the terms and for the effects of the Code of Procedure
Penal:
a) National Director;
b) National Directors adjoining;
c) Directors of national units;
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d) Directors of the territorial units;
e) Sub-directors of the territorial units;
f) Aides for criminal investigation;
g) Senior coordinators of criminal investigation;
h) Criminal investigation coordinators;
i) Inspectors-bosses.
2-The criminal investigation personnel not referenced in the preceding paragraph may, with
compliance with the legal provisions, proceed to the identification of any person.
Article 12.
Procedural skills
1-The criminal police authorities referred to in paragraph 1 of the previous article have still
special competence for, in the scope of dispatch of generic delegation of
competence of criminal investigation, order:
a) The achievement of expertise to be carried out by official bodies, safeguarded the
expertise pertaining to psychiatric issues, on personality and autopsy
médico-legal;
b) The realization of magazines and searches, with the exception of domiciliaries and those carried out
in a lawyer's office, in a doctor's office or in establishment
hospitalar or banking;
c) Seizures, except for correspondence, or those taking place in office of
lawyer, in a doctor's office or in hospital or banking establishment;
d) The detention outside the flagrant offence in cases where imprisonment is admissible
preventive and:
i) There are elements that make fusing the fear of escape or not possible,
given the situation of urgency and danger of delay, wait for the intervention of the
judicial authority; or
ii) In the course of magazines or searches are seized of the suspect objects
that they have served or were meant to serve the practice of a crime
or constitute your product, profit, price or reward.
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2-A realization of any of the acts provided for in the preceding paragraph shall be complied with,
subsidally, to the tramping of the Code of Criminal Procedure, has to be immediately
communicated to the titular judicial authority of the direction of the process for the purposes and under
the cominations of the criminal procedural law and, in the case of point d) of the previous number, the
detained has to be submitted within the legally provided time of the judicial authority
competent, without prejudice to this, if you so understand, determine the presentation
immediate.
3-A all the time, the judicial authority holder of the direction of the proceedings may condition
the exercise or avocation of the powers provided for in paragraph 1, in accordance with Article 7 (7)
2. of Law No. 21/2000 of August 10.
Article 13.
Secret of justice and professional
1-The procedural acts of criminal investigation and coadjuvation of the authorities
judicial matters are subject to the secret of justice under the law.
2-Employers in service at PJ cannot make public revelations concerning
processes or on reserved indidole materials, save what is provided for in this
diploma on public information and actions of a preventive nature with the population and
still the provisions of the laws of criminal procedure.
3-The statements to which you rent the previous number, when admissible, depend on prior
permission from the National Director or the Deputy National Directors, under penalty of
disciplinary procedure, without prejudice to the criminal liability to which there is a place.
4-The actions of prevention and the counter-ordinational, disciplinary, inquiry-making processes,
of syndication, of enquiries as well as of inspection, are subject to secrecy
professional, under the general law.
CHAPTER III
Rights and duties
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Article 14.
Special duties
They are special duties of PJ staff:
a) Ensure the life and physical integrity of detainees or people who find themselves under
your custody or protection in the strict respect of the honour and dignity of the person
human;
b) Acting without discrimination on the grounds of ancestry, sex, race, language, territory
of origin, religion, political or ideological beliefs, instruction, situation
economic or social condition;
c) Identify yourself as an employee of PJ at the time they proceed to
identification or detention;
d) Observe strictly, and with due diligence, the tramway, the deadlines and
requirements required by law, where they proceed to the detention of someone;
e) Acting with the necessary decision and preparedness, when your performance depends
prevent the practice of serious, immediate and irreparable damage by observing the
principles of suitability, opportunity and proportionality in the use of the
means available;
f) Acting with the necessary determination, but without resorting to force more than the
strictly reasonable to fulfill a legally required or authorized task.
Article 15.
Identification
1-A identification of the criminal police authorities and research staff
criminal is done through badge and free-transit card.
2-In public actions, the officials referred to in the preceding paragraph shall identify themselves through
of any means that unambiguously reveal their quality.
3-A identification of employees not included in the previous figures is done by
or own model card intermediate.
4-The models and means of identification referred to in the previous figures are approved
by porterie of the member of the Government responsible for the area of Justice.
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Article 16.
Temporary dispensation of identification
1-A PJ may temporarily dispense with the need for revelation of identity and of
quality of its research employees, the material means and the
equipment used.
2-A PJ may determine the use of a coding system of the identity and category of the
research officials involved in the formalisation of procedural acts, without
injury of the respective decimation for procedural purposes, by determination of the
competent judicial authority.
3-A temporary dispensation of identification and the coding to which the figures refer
previous are regulated by porterie of the Government member responsible for the area of
Justice.
4-A authorisation of the temporary dispensation of identification and the encoding referred to in us
previous figures are the competence of the National Director.
Article 17.
Free-transit and right of access
1-To the officials mentioned in Article 11, when properly identified and in
service mission, is provided free entry in the places referred to in paragraph 2 of the article
4. and in those where actions for prevention, detection, or criminal investigation are carried out
and of judicial co-adjuvation.
2-For the realization of investigations or judicial coadjuvation, the
employees of PJ, when properly identified and in service mission have
right of access to any repartitions or public services, commercial enterprises or
industrial and other public or private facilities.
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Article 18.
Use of weapons
1-A PJ can use weapons and ammunition of any kind.
2-Have a right to the use and possession of weapon of classes approved by joint porterie of the
members of the Government responsible for the areas of the Internal Administration and Justice,
regardless of leave, by staying obliged to its manifesto, under the law,
when the same are from your property:
a) The criminal police authorities referred to in Article 11 (1);
b) The criminal investigation personnel;
c) The security personnel;
d) Other personnel to be defined by dispatching of the National Director.
3-The recourse to firearms by PJ officials is regulated by the Decree-Law n.
457/99, of November 5.
Article 19.
Objects that revert in favour of PJ
The objects seized by PJ that come to be declared lost in favour of the State
sgives you affections under the terms of the Decree Law No. 11/2007 of January 19.
Article 20.
Impediments, refusals and escuses
1-The regime of impediments, refusals and escuses provided for in the Code of Criminal Procedure is
applicable, with due adaptations, to the personnel in office of duties in PJ.
2-A declaration of impediment and its application, as well as the requirement for
refusal and the request for escusa, are directed to the National Director.
Title II
Structure, organs and services
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CHAPTER I
General provisions
Article 21.
Type of internal organization
The internal organization of PJ services obeys the hierarchized structure model.
Article 22.
Structure
1-A PJ comprises:
a) The National Directorate;
b) The national units;
c) The territorial units;
d) The regional units;
e) The local units;
f) The units of support for research;
g) The support units.
2-The competencies of PJ's units are established in joint portaria to be approved
by the members of the Government responsible for the areas of Finance and Justice.
3-A The headquarters and the geographical area of intervention of PJ's units are established in
would pore to approve of the member of the Government responsible for the area of Justice.
4-PJ units can be arranged in areas, sectors or nuclei, being their
maximum number defined by portaria of the member of the Government responsible for the area of
Justice.
CHAPTER II
Organs and competences
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Article 23.
Organs
The National Directorate of PJ comprises the following bodies:
a) The National Director;
b) The Deputy National Directors who co-adjured the National Director;
c) The Superior Council of the Police Judiciary, the supporting body to the National Director,
with advisory character.
Article 24.
National Director
Without prejudice to the powers conferred upon it by law or in it delegated or
subdelegated, it also competes with the National Director:
a) Coordinate the PJ's joint with the forces and services of security and services
customs, in the matter of organised crime;
b) To propose to the Minister of Justice measures to enhance effectiveness in combat
to criminality, specifically protocols of reciprocal cooperation and plans to
joint acting with the other criminal police bodies;
c) Assign or redistribute criminal investigation competencies between the units
organic and reallocate ongoing investigation processes;
d) Presiding over the Superior Council of the Police Judiciary.
Article 25.
National Directors adjoining
It is incumbent on the national directors to join:
a) The exercise of the competences delegated to it or subdelegated by the
National Director, and this should identify whom he competes to replace him with in his
missing and impediments;
b) Exercise the superior coordination of the structures so that they are designated by the
National Director, specifically in the administrative, financial and
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operational.
Article 26.
Top Council of the Police Judiciary
1-The Superior Council of the Police Judiciary, abbreviated by CSPJ, is
comprised of nate members and elected members.
2-Are nate members:
a) The National Director, who presides;
b) Two of the Deputy National Directors;
c) Two of the Directors of the national units;
d) Four Directors of the territorial units;
e) The Director of the School of Police Judiciary.
3-The nate members referred to in points b) and c) of the previous number are assigned by the
National Director.
4-Are elected members:
a) An upper coordinator of criminal investigation;
b) A criminal investigation coordinator;
c) Two inspectors-bosses;
d) Five inspectors;
e) Six representatives of the other personnel.
5-Compete to the CSPJ:
a) Draw up the project of its internal regiment, to be approved by the member of the
Government responsible for the area of Justice;
b) Give advice, when requested by the National Director, on the subjects of
interest for PJ, specifically in regard to and improvement of its
conditions of operation;
c) To give an advisory, on an advisory basis, on the legislative projects that say
respect to PJ, when for this is requested by the National Director;
d) Issue opinion on proposals for assignment of mention of exceptional merit,
insignia or titles and concession of other agraciings;
e) Issue opinion when proposed the application of disciplinary penalty of retirement
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compulsive or disclaimant;
f) Present to the National Director suggestions on measures relating to dignified
of the services and the improvement of the social and working conditions of the PJ staff.
6-The standards relating to the electoral system and mandate of the elected members of the CSPJ
are contained in internal regulation to be approved by the member of the Government responsible for the
area of Justice.
CHAPTER III
Services
Article 27.
Services of the National Directorate
The National Directorate of PJ comprises the following services, which work in the
dependency of the National Director:
a) The School of Police Judiciary;
b) The Unit for Prevention and Technological Support;
c) The Financial Information Unit;
d) The Planning Unit, Technical Assessments and Documentation.
Article 28.
National units
1-In PJ there are the following national units:
a) The National Counter-Terrorism Unit;
b) The National Unity of Combat to Corruption;
c) The National Unit to Combat Trafficking in Narcotic Drugs.
2-National units may dispose of extensions or operational facilities outside the
location of the respective headquarters.
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Article 29.
Territorial, regional and local units
1-The competences, headquarters and geographical area of intervention of the territorial units,
regional and local PJ are established in the terms of the portaries referred to in paragraphs 2 and
3 of Article 22 para.
2-Regional and local units work in reliance on a career employee
of criminal investigation, pursuant to the terms set by the National Director.
Article 30.
Research support units
In PJ there are the following research support units:
a) The Criminal Investigation Information Unit;
b) The International Cooperation Unit;
c) The Technical and Scientific Police Unit;
d) The Telecommunications and Informatics Unit.
Article 31.
Support units
In PJ there are the following support units:
a) The Financial, Patrimonial and Security Administration Unit;
b) The Human Resources and Public Relations Unit;
c) The Financial and Accounting Forensics Unit;
d) The Disciplinary and Inspection Unit.
CHAPTER IV
Direction of services
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Article 32.
Directors of national units
It is incumbent on the directors of national units:
a) Represent, direct, guide and coordinate at the national level the actions of prevention,
of detection and investigation and coadjuvation of the judicial authorities
relatively to crimes of their competence , on the terms to be established by
national Directors adjoining;
b) Present to the National Director, until March 15, the annual report;
c) Exercising the powers delegated and underdelegated by the National Director;
d) Exercising the remaining powers conferred upon them by law or
regulation.
Article 33.
Directors of the territorial units
1-Compete to the Directors of the territorial units:
a) Represent, direct, guide and coordinate the actions of prevention, detection,
investigation and the coadjuvation of the judicial authorities regarding the crimes of the
competence of the territorial unit;
b) Coordinate the regional and local units that are adstrated to them, in the terms
set by the National Director;
c) Present to the National Director, until March 15, the annual report that must
integrate the description of the activities carried out by the regional units and
existing sites in the dependence of the respective territorial unit.
d) Exercising the powers delegated and underdelegated by the National Director;
e) Exercising the remaining powers conferred upon them by law or
regulation.
2-On the lines and impediments or in the case of vacancy of the place, the director of unity
territorial is replaced temporarily by the subdirector of the territorial unit.
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Article 34.
Directors of units
It is incumbent on the directors of units:
a) Represent, direct, guide and coordinate at the national level the activities of the
respective units, within the framework of their competences;
b) Present to the National Director, until March 15, the annual report;
c) Exercising the powers delegated and underdelegated by the National Director;
d) Exercising the remaining powers conferred upon them by law or
regulation.
Article 35.
Sub-directors of the territorial units
It is incumbent upon the sub-directors of the territorial units, to co-adjuvate the directors of the respective
unit.
Article 36.
Heads of area
It is incumbent on the heads of area, specifically:
a) Co-adjuvate directly the respective director;
b) To head and steer the organic unit in the areas of the respective competence;
c) Issue information and opinions that are requested by the respective director.
Article 37.
Places of direction
The upper and intermediate direction seats are set in portaria to be approved by the
members responsible for the areas of Finance and Justice.
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Title III
Provement
Article 38.
General rule
The recruitment of the leading and managerial staff of PJ is carried out by choice, on the terms
of the following Articles, as per the provisions of Article 10 of Law No. 21/2000, 10 of
August.
Article 39.
National Director
1-The National Director is propped up, by joint dispatch of the Prime Minister and the
member Government responsible for the area of Justice, from among judicial magistrates or the
Prosecutor's Office, criminal investigation advisors and senior coordinators of
criminal or licentiate research in law of recognized competence
professional and experience for the performance of the functions, linked or not to the
Public Administration.
2-The post is propped up in commission of service for a period of three years, renewable by
equal periods.
3-A The renewal of the service commission should be communicated to the person concerned up to 30 days
prior to your term, by ceasing the same automatically at the end of the respective period
if the tutelage minister has not expressly expressed the intention to renew it,
case in which the leader will remain in the exercise of day-to-day management functions until the
appointment of the new holder of the post.
4-For the purpose of possible renewal of the service commission, it shall owe the competent
be informed, in advance of 90 days, of the expiration of each commission, ceasing
this automatically at the end of the respective period whenever it is not given
compliance with that formality.
5-At any time, the service commission may be given by finda by dispatching the
minister of tutelage, on the initiative of this or the application of the person concerned.
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Article 40.
National Directors adjoining
1-The adjoining national directors shall be provided by dispatch of the member of the Government
responsible for the area of the Justies., on a proposal from the National Director, from among:
a) Judicial magistrates;
b) Magistrates of the Prosecutor's Office;
c) Aides for criminal investigation;
d) Senior coordinators of criminal investigation;
e) Holders of appropriate degree certificate, of recognized professional competence and
experience for the performance of the functions, linked or not to the Administration
Public.
2-The provision shall apply to the provisions of paragraphs 2, 3 and 4 of the preceding Article.
3-At any time, the service commission may be given by finda by dispatching the
tutelage minister, on the initiative of this, on the proposal of the National Director, or the
application of the person concerned.
Article 41.
Directors of national units
1-Directors of national units are provided by dispatch of the member of the Government
responsible for the area of the Justies., on a proposal from the National Director, from among:
a) Judicial magistrates;
b) Magistrates of the Prosecutor's Office;
c) Aides for criminal investigation;
d) Senior coordinators of criminal investigation;
e) Criminal investigation coordinators with more than five years of service in the
category.
2-The Director of the School of Police Judiciary is propped from:
a) Judicial magistrates;
b) Magistrates of the Prosecutor's Office;
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c) Aides for criminal investigation;
d) Senior coordinators of criminal investigation;
e) Holders of appropriate degree certificate, of recognized professional competence and
experience for the performance of roles.
3-The Director of the Unit for the Prevention and Technological Support is propped from:
a) Aides for criminal investigation;
b) Senior coordinators of criminal investigation;
c) Criminal investigation coordinators with more than five years of service in the
category.
4-The provision shall apply to the provisions of Article 40 (2) and (40), with due
adaptations.
Article 42.
Directors of territorial units
1-Directors of territorial units are provided by dispatching the member of the
Government responsible for the area of the Justies., on a proposal from the National Director, from among:
a) Judicial magistrates;
b) Magistrates of the Prosecutor's Office;
c) Aides for criminal investigation;
d) Senior coordinators of criminal investigation;
e) Criminal investigation coordinators with more than five years of service in the
category.
2-The provision shall apply to the provisions of Article 40 (2) and (40), with due
adaptations.
Article 43.
Directors of units
1-Directors of units are provided by dispatch of the member of the Government
responsible for the area of Justiça., on a proposal from the National Director.
2-Directors of the research support units are appointed from among:
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a) Aides for criminal investigation;
b) Senior coordinators of criminal investigation;
c) Criminal investigation coordinators with more than five years of service in the
category;
d) Holders of appropriate degree certificate, of recognized professional competence and
experience for the performance of the functions.
3-Directors of the support units are appointed from among:
a) Superior specialists with at least six years of service in career;
b) Holders of appropriate degree certificate, of recognized professional competence and
experience for the exercise of functions.
4-The Director of the Disciplinary and Inspection Unit is propped up from:
a) Judicial magistrates;
b) Magistrates of the Prosecutor's Office;
c) Aides for criminal investigation;
d) Senior coordinators of criminal investigation.
5-The provision shall apply to the provisions of Article 40 (2) and (40), with due
adaptations.
Article 44.
Sub-directors of territorial units
1-The sub-directors of territorial units are provided by dispatching the member of the
Government responsible for the area of the Justies., on a proposal from the National Director, from among:
a) Aides for criminal investigation;
b) Senior coordinators of criminal investigation;
c) Criminal investigation coordinators with more than five years of service in the
category.
2-The provision shall apply to the provisions of Article 40 (2) and (40), with due
adaptations.
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Article 45.
Heads of area
1-The heads of area are provided by choice, upon dispatch from the National Director,
from among superior specialists with at least five years of career service.
2-The head of area of the armament and security service in the Administration Unit
Financial, Patrimonial and Security is propped by choice, from among personnel of
criminal investigation with at least five years of career service.
Title IV
Financial provisions
Article 46.
Recipes
1-A PJ has the revenue from appropriations allocated to it in the
Budget of the State.
2-A PJ has the revenue from the transfers from the IGFIJ, IP.
3-A PJ is responsible for the fundraising of the following own revenue resulting from its
activity:
a) The importances charged for the sale of publications and promotion articles
institutional;
b) The amounts charged for activities or services provided, specifically,
trainings, performing of perices and examinations, extraction of certificates and
copies in support of paper or digital;
c) Any other recipes assigned to it by law, contract or other
title.
4-The amounts collected under the provisions of the preceding paragraph are paid to PJ of
agreement with the table approved by the member of the Government member responsible for the
area of Justice.
5-The revenue referred to in paragraphs 2 and 3 shall be consigned to the expenditure of PJ
during the implementation of the budget of the year to which they respect, and the balances may not
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used to transitate for the following year.
Article 47.
Expenses
They constitute expenditure of PJ those resulting from charges arising from the pursuit of the
assignments that are committed to him.
Article 48.
Rated expenses
1-A PJ may carry out expenses subject to the system of classified expenditure, defined in the
this article, in cases where the knowledge or disclosure of the identity of the
service providers may endanger your life or physical integrity, or the
knowledge of the circumstantialism of the achievement of the expenditure can compromise wants
effectiveness wants the safety of research activities and support for research.
2-The classified expenses are justified by document signed by the Director
National.
3-The remaining budget management rules of this type of expenditure are fixed by dispatching
set of the members of the Government responsible for the areas of Finance and Justice.
Title V
Final and transitional provisions
Article 49.
Directorate of criminal investigation departments
The service commissions of staff propped in the direction of the research departments
criminal cease on the date of entry into force of this Law, keeping officials
in the exercise of current management functions up to the appointment of new holder.
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Article 50.
Support staff in support of the criminal investigation
The service commissions of the staff of support for the criminal investigation cease in the
date of entry into force of this Law, by holding the officials appointed in the
exercise of current management functions until the restructuring of the respective service.
Article 51.
Liaison officers
The ongoing service commissions of accredited liaison officers remain in force.
along with foreign states or international bodies.
Article 52.
Competitions and training courses
1-Maintain valid contests whose notice of openness has been published to date
of the entry into force of this Law, as well as the training courses that are to be found
under the same conditions.
2-For the purposes of the preceding number the assignments of the careers and categories consider themselves
reported to the provisions of the regulatory diploma in the Staff Regulations of PJ Staff.
3-The right to a monthly allowance equal to the value of the index 100 of the salary scale of the scheme
general public function, attributable to students not bound to the civil service that
attend training courses for admission to PJ, is secured by endowment to
enroll in the budget of PJ.
Article 53.
Restructuring of services
1-The personnel in office of duties at the Higher Institute of Police Judiciary and Sciences
Criminals is integrated into the PJ personnel framework.
2-Concontracted teaching staff is integrated into the career of superior agreement specialist
with rules to be set out in dispatching from the National Director.
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3-A succession of rights and obligations, as well as the reallocation of financial resources and
organizationof the Higher Institute of Police Judiciary and Criminal Sciences are
made under the law.
Article 54.
Regulation
1-The regulations in force for PJ continue to apply, with the necessary
adaptations, up to the publication of the regulations arising from the standards laid down in the
present law.
2-As long as no regulation referred to in the preceding paragraph is published
in force, with the necessary adaptations, the internal disciplinary regulations of the
operation of the Higher Institute of Police Judiciary and Criminal Sciences.
Article 55.
Rights and duties
To the official staff of the PJ apply the rights and duties enshrined in the Statute of the
Official Staff, specifically Articles 28 to 34 of Law No 2/2004 of January 15.
Article 56.
Safeguarding of rights
The efectivation of the right of access in the career of the employees provided in office
leaders and area kingpins, until the entry into force of this Law, is carried out upon
dispatch of the National Director, preceded by confirmation of the respective assumptions
by the Human Resources and Public Relations Unit.
Article 57.
Amendment to Decree-Law No 275-A/2000 of November 9
Article 84 of the Organic Law of the Police Judiciary, adopted by the Decree-Law No. 275-
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A/2000 of November 9, it shall be replaced by the following:
" Article 84.
[...]
1-[...].
2-[...].
3-[...].
4-By joint order of the Minister of Justice and the member of the Government who
tutelage the transport area, is fixed annually the charge arising from the
allocation of the right provided for in paragraphs 1 and 2, expenditure to be borne by the
budget of PJ. "
Article 58.
Repeal effects
Pursuant to Article 5 of the Decree-Law No. 201/2006 of October 27, they consider themselves to be
revoked on the date of entry into force of this Law:
a) Articles 1 to 61, 70, 112 to 117, 129 and 173 to 175 of the Decree-Law n.
275-A/2000, of November 9, in the wording conferred by Law No. 103/2001, of
August 25, Decree-Law No. 304/2002, of December 13 and Decree-Law
n. 43/2003, of March 13.
b) All normative provisions referring to the Higher Institute of Police
Judicial and Criminal Sciences, specifically the Decree-Law No. 37/78, of 20 of
February, Decree-Law No. 235/80 of July 18, Portaria No. 316/87, of 16 of
April, Decree-Law No. 54/88 of February 25, Decree-Law No. 88/88, of 10 of
March, Portaria No. 434/88, of July 6, Joint Dispatch 22/90-XI, from 5
of April, Regulatory Decree No. 13/91, of April 11, Portaria No. 1070/94, de
December 7 and Despacho Set No. 868/2003, September 2.
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Article 59.
Entry into force
This Law shall come into force within 30 days of the respective publication.
Seen and approved in Council of Ministers of May 24, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs