Fiches Belges

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 10 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.

Law 158/2015, of 12 September

The Courts of Appeal located in the cities of Lisboa, Porto, Coimbra, Évora and Guimarães will receive and recognise the decision that imposed an alternative sanction to custodial sentences and probation decisions, for the purpose of supervising alternative sanctions and probation measures. Their competence is identified according to the residence of the person. If residence is uknown the Court of Appeal of Lisboa will be competent.

The certificate and its content must be received in portuguese.

The decision on the recognition to the judgement concerning alternative sanctions or to the decision concerning probation shal be taken in 60 days counted from the date the certificate and the decision have been received.

These rules are specific to the cooperation with European Countries Member States.