Measure Implementation

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

There are no mandatory grounds for refusal of the recognition/execution of a supervision measure. The optional grounds of refusal are basically the following: a) the fact that the certificate is incomplete, b)an eventual breach of the principle of ne bis in idem, c) the facts under investigation in the foreign state are not punished as criminal offence in Portugal (with the exception of the offences mentioned in article 14 of the FD that won´t be verified on double criminality), d) the criminal proceedings are statute-barred under the internal law, if Portugal has jurisdiction over the facts, e) the existence of an immunity of the defendant that under Portuguese law would prevent the execution of the supervision measure, f) the person subject to the supervision measure would not be be charged in Portugal by reason of age;

Legal Framework

International legal framework applicable for this measure in your Member State

Law 36/2015, 4th May of 2015

Competent Authority

* receive the request/decision for judicial cooperation

Criminal investigation judge or chambers, by reference to the court of residence of the defendant (or of the last known residence).If it is not possible to determine the residence, the Local Criminal Court of Lisbon will be competent.

Accepted languages

Accepted languages for the request/decision

The certificate and its content must be received in the Portuguese language.

Execution deadline

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

The court must take a decision on the execution of the decision in 20 days. If an appeal is lodged in the issuing State the time limit for recognition shall be extended by another 20 working days. If the certificate is incomplete, the decision may be postponed between 30 and 60 days, in order to allow its correction .

Concise legal practical information

Special requirements

The law in the frame of issuing, recognition and monitoring of the execution of decisions on supervision measures as an alternative to provisional detention, is specific to EU Member States

Last reviewed on 29 November 2022 by EJN Secretariat

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