'Amnesty compatibility' in document 'Portugal - Law 144/99'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 101
Applicable law; effects of enforcement

4. Both the foreign State and Portugal may exercise the right of amnesty, pardon or commutation.

5. The court which is empowered to enforce the judgement shall end the enforcement:

a) as soon as it comes to its knowledge that the sentenced person was granted amnesty, pardon or commutation in such a way as to justify the end of the enforcement of the sentence and the ancillary

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 101
Applicable law ; effects of enforcement

4. Both the foreign State and Portugal may exercise the right of amnesty, pardon or commutation.

5. The court which is empowered to enforce the judgement shall end the enforcement :
as soon as it comes to its knowledge that the sentenced person was granted amnesty, pardon or commutation in such a way as to justify the end of the enforcement of the sentence and the ancillary sanctions ;

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER III
Supervision and enforcement of sentences

Article 139
Amnesty, pardon and commutation

Amnesty, general pardon and commutation may be granted either by the foreign State or Portugal.

RELEVANT ROME STATUTE PROVISIONS

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;