The possibility of authorities using seized assets in the context of criminal investigations is provided for in Portuguese legislation since January 2007, through Decree-Law No. 11/2007. This law allows certain assets declared forfeited to the State to be allocated to criminal police bodies, including weapons, ammunition, vehicles, aircraft, vessels, and telecommunications and computer equipment, among others that are of interest for the exercise of the legal powers of the authorities.
The topic returned to the headlines after it became known that Luís Neves, the current Minister of Internal Administration, drives a Volkswagen Golf GTD seized from Rúben Oliveira, known as Xuxas, in a case related to drug trafficking. The Judicial Police is also reported to have declared other assets seized in the same case operationally useful, including eight televisions, 15 gym equipment items, two chairs, and three sofas.
The legislation establishes that the provisional use of seized assets may begin from the moment of seizure, through a declaration of operational utility issued by a reasoned order of the senior responsible official of the institution. However, the assets must be likely to be declared forfeited to the State at the end of the proceedings, and the interested parties must be notified before the use begins.
Luís Neves defended that the use of seized assets is provided for in the legislation and revealed that, as director of the PJ, he declared over 800 vehicles and other assets operationally useful. The proceedings involving the vehicle he currently drives have not yet concluded, being before the Court of Appeal.
