Arrested in Lisbon: 48 hours, and a drug law unlike any other
Portuguese procedure gives the examining magistrate the exclusive power to question a detained suspect within 48 hours of the arrest. And Portugal treats possession of drugs for personal use as an administrative matter rather than a criminal one — which visitors constantly misunderstand in both directions.
The Portuguese clock
| Step | Rule | Note |
|---|---|---|
| Questioning before the magistrate | Within 48 hours of the arrest | Reserved to the examining magistrate |
| Who investigates | The Public Prosecutor, assisted by the criminal police | The prosecutor directs |
| The magistrate's role | Questioning, and measures affecting liberty | Reserved acts |
| Measures | From reporting duties to pre-trial detention | Ordered by the magistrate |
| Lawyer and interpreter | Rights implemented under EU directives | Ask expressly |
What decriminalisation actually means
Portugal removed criminal penalties for possession of small quantities for personal use. The conduct is not lawful: it is an administrative offence, dealt with by a panel that can impose measures and refer the person to treatment. The substances are still seized.
Two misunderstandings follow, and both produce cases. Visitors assume drugs are legal here, which they are not; and they assume the same treatment applies to supply, which it does not — trafficking is fully criminal and prosecuted severely.
There is also a hard border effect: carrying anything bought here to another country is an export at one end and an importation at the other, and importation into Italy is treated as set out in the guide on drug charges.
What actually happens in Lisbon
- Street sales to tourists, which frequently involve substances that are not what they were said to be, and which are a supply offence for the seller.
- Nightlife in Bairro Alto and Cais do Sodré: fights, theft accusations, public order.
- The port and the cruise terminal, with arrivals cases and customs matters.
- The airport: customs, luggage and arrests on international alerts.
- The resident foreign community, with the cases of residents rather than visitors: driving, neighbours, property, tax.
- Property and investment disputes, which turn into fraud complaints.
Where an Italian lawyer comes in
Only a lawyer admitted in Portugal can appear before its courts. What an Italian lawyer does is the other half: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a European Arrest Warrant issued by Italy, an alert in circulation. The arrangement is described in how a correspondent case is run, and the surrender framework in the guide on the European Arrest Warrant.
Frequently asked questions
Are drugs legal in Portugal?
No. Possession of small quantities for personal use is an administrative offence rather than a crime, and the substances are still seized. Supply is fully criminal.
How long before I see a magistrate?
Questioning before the examining magistrate must take place within forty-eight hours of the arrest.
Can I take what I bought to another country?
No. Crossing a border makes it an export at one end and an importation at the other, and importation is treated far more seriously than possession.
Who directs the investigation?
The Public Prosecutor, assisted by the criminal police. Certain acts, including questioning a detained suspect, are reserved to the examining magistrate.
If this is happening now
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