'Admissibility challenge - State investigation or prosecution' in document 'Portugal - Law 144/99'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters

Article 18
Optional refusal of international co-operation

1. International co-operation may be refused if the facts that substantiate the request are the subject of criminal proceedings, or if they should or may be the subject of criminal proceedings for which a Portuguese judicial authority has jurisdiction.

Part III
Transfer of criminal proceedings

CHAPTER I
Delegation of competence in criminal proceedings in favour of the Portuguese judicial authorities

Article 80
Specific requirements

2. Should the requirements laid down in the preceding paragraph be met, criminal proceedings may also be taken or continued in Portugal if :

a) criminal proceedings have already been instituted in Portugal against the same person for other facts, the latter being punishable with deprivation of liberty of at least one year, and the presence of the person before the court is guaranteed ;

RELEVANT ROME STATUTE PROVISIONS

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or
(c) A State from which acceptance of jurisdiction is required under article 12.