Measure Implementation

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

The mandatory grounds for refusal are basically the following: a)certificate is incomplete, b) an eventual breach the principle of ne bis in idem, c) there is an immunity of the defendant that under Portuguese law that would prevent the execution of the decision, d) the person subject to the decision would not be be charged in Portugal by reason of age, e) the person concerned has not been informed personally or through a representative, of his or her right to contest the case and of the time limits for appeal, f) trial in absentia, except if : the person concerned 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 after being served with the sentence, the person has a right to a re-trial. The optional grounds for refusal are the following: a) The facts under investigation are not punished under portuguese law (with the exception of the offences mentioned in article 5 of the FD, that won´t be verified on double criminality) b) the proceedings are statute-barred under the internal law, and Portugal has jurisdiction over the facts, c) the financial penalty is less than 70 euros, d)fundamental legal principles as enshrined in Article 6 of the Treaty on European Union have not been respected.

Legal Framework

International legal framework applicable for this measure in your Member State

Law 93/2009 of 1st September

Competent Authority

* receive the request/decision for judicial cooperation

Local Criminal Courts are competent to receive and give execution to requests on the enforcement of a financial penalty .

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)

No precise time limits have been fixed for the enforcement.

Concise legal practical information

Special requirements

These rules are specific in respect of cooperation with the EU MS.

Last reviewed on 2 November 2022 by EJN Secretariat

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