Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Португалия

Transfer of proceedings (1001)

1. MEASURE IMPLEMENTATION

Португалия

Is this measure possible in your Member State under International Judicial Cooperation?

This measure is possible according with the internal law on international cooperation, even if Portugal didn't ratify the European Convention on Transfer of criminal proceedings (ETS 073).

2. LEGAL FRAMEWORK

Португалия

International legal framework applicable for this measure in your Member State

Internal applicable Law as well as reciprocity will be the basis for this transmission. It can also be combined with a refusal for extradition; in such case the transmission will have a legal basis on article 6 nº2 of the European Convention on EXtradition.

3. COMPETENT AUTHORITY TO:

Португалия

* receive the request/decision for judicial cooperation

This form of judicial cooperation is ruled as a traditional form of cooperation. Therefore requests to transmit to Portugal a criminal proceeding must be addressed to the Prosecutor General's Office, that is the central authority for international cooperation in criminal matters.

* execute/recognise the measure (if other than the receiving authority)

The request to transmit a criminal proceeding must be considered admissible by the Minister of Justice and afterwards will be submitted to the local competent Court to decide; this decision can be appealed. Only then will a Portuguese criminal procedure be started. The criminal reaction provided in the Portuguese law shall be applicable to the act for which criminal proceedings are taken or are continued in Portugal, save if the law of the requesting State is more favourable.

4. ACCEPTED LANGUAGES

Португалия

Accepted languages for the request/decision

The request shall be transmitted in Portuguese or instructed with a translation into Portuguese.

5. EXECUTION DEADLINE

Португалия

Deadlines for the execution of the request/decision (where applicable)

Since a Portuguese procedure will be started all procedural time limits will be applicable.

6. CONCISE LEGAL PRACTICAL INFORMATION

Португалия

a. Special requirements

General requirements are seth forth in article 80 nº1 of Law 144/99 that states that criminal proceedings may be taken or continued in Portugal for an act committed outside the Portuguese territory, subject to the general requirements provided for in the law, as well as the specific requirements that follow: a) recourse to extradition is excluded; b) the foreign State must have provided guarantees that it shall not take proceedings against the person concerned, for the same facts, if a final judgement is rendered by a Portuguese court in respect of the same person and for the same facts; c) the facts for which criminal proceedings are requested must amount to an offence under both the law of the foreign State and under Portuguese law; d) the maximum period of the punishment, or the measure, involving deprivation of liberty that is applicable with respect to the facts must be at least one year, or the maximum level of the pecuniary sanction involved must be at least the equivalent of 30 units of account in criminal procedure; e) the person concerned must be a Portuguese national, or otherwise must have his habitual residence in Portugal; f) acceptance of the request must be justified in terms of either the interest of good administration of justice or a better chance of rehabilitation of the person concerned should that person be sentenced.

b. Other useful information

Article 85 of Law 144/99 from August 31st states that the judicial decision to the effect of continuing the foreign criminal proceedings automatically gives the same validity to the procedural steps taken abroad, as those taken before a Portuguese judicial authority, save where such steps would be considered inadmissible under the terms of the Portuguese criminal procedure law.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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