Fichas Belgas
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: Portugal

Probation measures (904)

1. MEASURE IMPLEMENTATION

Portugal

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

Yes. According with Law 36/2015 from May 4th 2015, that transposed the Frame Work Decision 2009/829/JHA on the application, between Member States of the European Union, of the principle of recognition to decisions on supervision measures as an alternative to provisional detention, this form of cooperation became possible.

2. LEGAL FRAMEWORK

Portugal

International legal framework applicable for this measure in your Member State

Frame Work Decision 2009/829/JHA on the application, between Member States of the European Union, of the principle of recognition to decisions on supervision measures as analternative to provisional detention, this form of cooperation became possible

3. COMPETENT AUTHORITY TO:

Portugal

* receive the request/decision for judicial cooperation

Article 5 of the Law states that Instruction Courts are competent to receive and follow the execution of a supervision measure. In case there is not a Instruction Court in place the Criminal Section of Local Courts will be competent. The territorial criteria will be the residence or the last residence of the defendant; in case it's ignored the local Criminal Court of Lisboa will be competent. The Law identified a central authority - Direcção Geral de Reinserção e Serviços Prisionais - to assist the executing authorities.

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

N/A

4. ACCEPTED LANGUAGES

Portugal

Accepted languages for the request/decision

The certificate as well as its content must be received in Portuguese or with a translation into Portuguese.

5. EXECUTION DEADLINE

Portugal

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

Article 18 of the Law states that the competent 1st instance Court must take a decision on the recognition of the foreign decision as well as all measures needed to follow up its execution in a maximum delay of 20 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugal

a. Special requirements

The Law stays close to the text of the Frame work decision, so no special situations deserve to be mentioned. As in other instruments based on mutual recognition, offences included in the list shall not be verified in terms of double incrimination. Outside the list cooperation will only be possible for offences also previewed in the Portuguese criminal law (article 3 nº2). Non mandatory grounds for refusal include ne bis in idem, lapse of time when Portuguese Courts are also competent, limits to criminal responsability due to age or imunity or certificate unclear or incomplete that hasn't been ammended in a reasonable delay, between 30 and 60 days. Measures that are not previewed in the Portuguese internal procedural law may be adapted.

b. Other useful information

Information on the Portuguese applicable Law can be found in the website of the Gabinete de Documentação e Direito Comparado (http://www.gddc.pt/legislacao-lingua-portuguesa/portugues.html).

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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