Portugal asset seizure laws face criticism over temporary use

A legal framework established nearly twenty years ago under Decreto-Lei n. º 11/2007 allows criminal police agencies to temporarily use assets seized during criminal or administrative proceedings. Under a declaration of ‘operational utility,’ items such as vehicles and computers can be utilized by authorities from the moment of seizure until a final decision is made regarding state forfeiture or restitution to the owner.

Critics argue this practice constitutes an abusive temporary confiscation. While seizure is intended as a precautionary measure to preserve evidence or prevent criminal activity, the current law allows the state to use property it does not own. This often leads to the deterioration and devaluation of assets through use. Furthermore, the lack of independent oversight is a concern, as the decision to declare an asset ‘operationally useful’ is made by the same institution that intends to benefit from its use. This creates a conflict of interest that weakens control, particularly when the owner is a good-faith third party, such as a victim of vehicle theft whose car is subsequently seized and used by the state.