Customs Seizure of Goods in Portugal

This page is for a person or company whose goods, vehicle or cash were seized by Portuguese customs at an airport, port, border or parcel depot. It explains why seizures happen, the administrative and criminal tracks and how release is pursued.
lawyers in Portugal
3
clients' rating in Portugal
4.97 ★

About Customs Seizure of Goods in Portugal

Customs seizure of goods in Portugal, in Portuguese apreensão by the Alfândega, which is part of the tax and customs authority (AT), covers goods seized by customs, a vehicle seized at a border or port, and cash seized at an airport for lack of a declaration. The seizure is the first step of either an administrative process (processo de contraordenação) or a criminal investigation, and the owner's aim is usually the return of the property (restituição) or at least a fair outcome on its value. This page is information, not legal advice. Some older lists and lawyer pages call this service “Seizure of Goods”.

Who needs this

A traveller whose luggage, cash or purchases were held, an online buyer whose parcel was stopped, a person moving to Portugal whose vehicle or household goods were seized, a transport company whose lorry or boat carried goods under suspicion, and anyone who received a letter saying that seized goods will be forfeited to the state (perda a favor do Estado).

How it works in Portugal

  1. The seizure record. Customs draw up a record (auto de apreensão) describing the goods, the reason and the suspected offence. Keeping a copy, and asking for one if none was given, is the first step.
  2. The administrative track. For a contraordenação aduaneira the AT runs the process and decides on a fine (coima) and on the goods: return, sometimes against payment of duties or a security (garantia), or forfeiture. The owner can file a written defence and later challenge the decision in court.
  3. The criminal track. Where the facts point to smuggling, money laundering or another crime, the goods stay seized as evidence and the public prosecutor or the court decides on their return.
  4. Vehicles and tools. A vehicle used to carry the goods can be seized as an instrument of the offence, including a rented or company vehicle, which brings the hire company or employer into the process.

What to pay attention to

Deadlines to respond are short and start from the notification, which may go to an address in Portugal rather than abroad. Perishable or stored goods generate costs and may be sold or destroyed before the case ends. Proof of ownership, purchase and origin is what moves a release request. Undeclared cash is treated under its own rules, with the possibility of seizure even where the money is lawful.

What an English-speaking lawyer does

The lawyer obtains the seizure record and the file, identifies the track and the authority in charge, files the defence or the release request, offers a security where that allows an early return, represents the owner before the court and deals with the AT while the owner is abroad under a power of attorney. Fines imposed by other public bodies are described under fines and administrative penalties; seized substances follow the rules under drug possession and trafficking offences. More on criminal law in Portugal.

Questions and answers

Can I get my goods back while the case is open?

Sometimes, against payment of the duties or a security, when the goods are not needed as evidence and are not prohibited. The lawyer asks the authority in charge and argues the request.

Customs seized my cash at Lisbon airport. Is the money lost?

Not necessarily. The money is held during the administrative process; proof of its lawful origin and purpose supports a request for its return, with or without a fine, unless a criminal investigation keeps it as evidence.

My rental car was seized because of what a passenger carried. What now?

The hire company is the owner and will usually be notified; the hirer may face the company's claim under the contract and may need to show that they did not know about the goods. Both relationships need attention at once.

3 lawyers who provide Customs Seizure of Goods in Portugal

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

  • Elsa, lawyer in Lisbon

    Elsa

    Lawyer · Lisbon, Portugal

    • 640 cases handled
    • 29+ years in practice
    • Speaks: English, Portuguese
    • Law, Autonoma University Lisbon
    • 4.88(11 reviews)
    Contact Elsa
  • Carolina, lawyer in Lisbon

    Carolina

    Lawyer · Lisbon, Portugal

    • 366 cases handled
    • 4+ years in practice
    • Speaks: Spanish, English, Portuguese
    • Law, University of Coimbra
    • 4.91(11 reviews)
    Contact Carolina
  • Jorge, lawyer in Porto

    Jorge

    Lawyer · Porto, Portugal

    • 116 cases handled
    • 9+ years in practice
    • Speaks: English, Portuguese
    • Law, Coimbra
    • 5.00(6 reviews)
    Contact Jorge
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