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

Execution of a Supervision Measure (905)

1. MEASURE IMPLEMENTATION

Portugal

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

Yes. According with Law 158/2015 from September 17th that transposed Frame Work Decision 2008/947 JHA this measure became possible.

2. LEGAL FRAMEWORK

Portugal

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to judgements and probation decisions with a view to the supervision of probation measures and alternative sanctions.

3. COMPETENT AUTHORITY TO:

Portugal

* receive the request/decision for judicial cooperation

According with article 34 nº1 of Law 158/2015 the territorial competent Courts of Appeal will receive and recognise the decision that imposed an alternativ sanction or allowed for a supervision measure.

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

According with article 34 nº2 of Law 158/2015 the territorial competent Criminal Sections of 1st instance Courts (Secção Criminal da Instância Local) , in the case of alternativ sanctions, or the territorial competent Executiv Courts (Tribunal de Execução de Penas), in the case of probation measures, are competent to give execution to the foreign decisions transmitted according with this Frame Work Decision.

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)

According with article 37 of Law 158/2015 Portuguese Courts of Appeal should give recognition to the judgement concerning alternativ sanctions or to the decision concerning probation in 60 days counted from the date the certificate and the foreign decision have been received. If this delay cannot be respected the Portuguese executing authority must inform the issuing authority on the reasons for this delay as well as give information on when it is expected to reach a final decision on the request for recognition.

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.

b. Other useful information

Information on this Law as well as its text 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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