Measure Implementation

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

The mandatory grounds for refusal are basically the following: a) the fact that the certificate is incomplete, b)an eventual breach 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 7 of the FD that won´t be verified on double criminality d) the criminal proceedings are statute-barred under the internal law, and Portugal has jurisdiction over the facts, e) there is an immunity of the defendant that under Portuguese law would prevent the execution of the decision, the person subject to the decision would not be be charged in Portugal by reason of age, f) trial in absentia, except if : the defendant was summoned of the scheduled date, or if it may be unequivocally established that the person was informed that a decision would be handed down in his/her absence, if the person was summoned of the trial and was represented by a counsellor, or if the person has a right to a re-trial, after being served with the sentence.

Legal Framework

International legal framework applicable for this measure in your Member State

Law 158/2015, of 12 September

Competent Authority

* receive the request/decision for judicial cooperation

Courts of Appeal located in the cities of Lisboa, Porto, Coimbra, Évora and Guimarães are competent to receive and execute foreign custodial decisions. Their competence is identified according to the residence of the person. If residence is uknown the Court of Appeal of Lisboa will be competent.

Accepted languages

Accepted languages for the request/decision

The certificate and its content must be received in Portuguese

Execution deadline

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

The decision on the recognition of the judgment and enforcement of the sentence shall be taken within 90 days as of the receipt of the judgment and certificate.

Concise legal practical information

Special requirements

These rules are specific to the cooperation with European Union Member States

Last reviewed on 29 November 2022 by EJN Secretariat

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