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: Portugali

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Portugali

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

Yes. Since the coming into force of Law 158/2015 from September 17th that transposed Frame Work Decision 2008/909/JHA this measure became possible.

2. LEGAL FRAMEWORK

Portugali

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union.

3. COMPETENT AUTHORITY TO:

Portugali

* receive the request/decision for judicial cooperation

According with article 13 of Law 158/2015 from September 17th the Courts of Appeal (Lisboa, Porto, Coimbra, Évora and Guimarães) are competent to receive and give execution to requests concerning the recognition of foreign custodial decisions. This competence will be territorialy identified according with the residence of the person. If his or her whereabouts are not known the Court of Appeal of Lisboa will be competent.

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

N/A

4. ACCEPTED LANGUAGES

Portugali

Accepted languages for the request/decision

The certificate as well as its content must be received in Portuguese.

5. EXECUTION DEADLINE

Portugali

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

Article 20 of the Law states that the competent Court of Appeal must take immediatly decisions needed for the foreign decision to be recognised and, in any case, must decide within a time limit of 90 days. When, by extraordinary reasons, this time limit can not be respected, the issuing authority must be informed about the reasons and the expected date where decision will be taken.

6. CONCISE LEGAL PRACTICAL INFORMATION

Portugali

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

So far no situations where confidentiality or proportionality have been analised, have been identified. 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 heinäkuu 2016 by EJN:n sihteeristö

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