The Means of Obtaining Evidence Provided by the Portuguese Cybercrime Law (Law no. 109/2009 of 15 September 2009)

Authors

  • Duarte Rodrigues Nunes Judge. PhD in Criminal Law and Criminal Procedure. Investigator (Centre for Research in Criminal Law and Criminal Sciences and Centre for Legal Research of Cyberspace, Faculty of Law of Lisbon)

DOI:

https://doi.org/10.12775/CLR.2018.010

Keywords

Cybercrime, Criminal investigation, Computer data, Interception of communications, Seizure, Computer search

Abstract

The Portuguese legislator has provided, for the first time, in the Portuguese legal system, means of obtaining evidence specific for Cybercrime in Law no. 109/2009, of September 15, in which Framework Decision no. 2005/222/JHA, of the Council of February 24, concerning attacks against information systems and the Convention on Cybercrime of the Council of Europe were transposed to the Portuguese legal system. While the legislator’s options are considered to be mostly correct, there are some critical issues. In the present Article, the legal regime of these means of obtaining of evidence is critically analyzed.

Comparative Law Review

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Published

2019-02-19

How to Cite

1.
NUNES, Duarte Rodrigues. The Means of Obtaining Evidence Provided by the Portuguese Cybercrime Law (Law no. 109/2009 of 15 September 2009). Comparative Law Review. Online. 19 February 2019. Vol. 24, pp. 249-286. [Accessed 1 July 2025]. DOI 10.12775/CLR.2018.010.

Issue

Vol. 24 (2018)

Section

ARTICLES AND SHORTER NOTES

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