Fiches Belges

Grounds for acceptance are established in article 80 and they are exclusion of extradition, assurances given by the requesting State that it will not proceed against the person for the same facts, double criminality, facts punishable with a minimum of one year of imprisonment, the suspect is a Portuguese national or lives currently in Portugal and good administration of justice is served by the transmission of proceedings. In case theses conditions are not verified the transfer of proceedings will not be accepted. General conditions for cooperation apply.

Law 144/99 from august 31st is the only legal basis for cooperation, from the Portuguese authorities concerning transfer of proceedings, since Portugal is not a State Party to the 1972 COE Convention on Transfer of Proceedings. Reciprocity applies.

The Portuguese acceptance system is composed of two phases: the first, that is an administrativ phase includes a legal advise from the Prosecutor General and a decision to be taken by the Minister of Justice (article 83). The second phase is a judicial phase; after a contradictory procedure the final decision on the acceptance is taken by a Judge (article 83 nº8) that, in case the request is granted, will validate evidence gathered abroad in conformity with Portuguese procedural rules (article 85)

Portuguese; French, English and Spanish may be considered on basis of reciprocity.

No specific deadlines.

Since this is the only legal basis there is no difference between cooperation within or outside the EU.