'Willingness to accept sentenced persons' 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 95
Principle

1. Final and enforceable foreign criminal judgements may be enforced in Portugal under the conditions laid down in this law.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER I
General


Article 126
Principles

1. International co-operation with a view to the supervision of conditionally sentenced or conditionally released offenders habitually resident on the territory of the State to which such co-operation is requested,
shall be admissible under the terms of the provisions of the Articles that follow.

2. Co-operation as mentioned in the preceding paragraph shall aim at:

a) facilitating the social rehabilitation of the offender through the adoption of adequate measures;
b) supervising the behaviour of the person concerned with a view either to order a criminal reaction on that person or to enforce a criminal reaction already ordered.


Article 127
Subject-matter

1. Co-operation provided for in this Part may consist in one of the following modalities:

a) supervision of the sentenced person;
b) supervision and eventual enforcement of the sentence, or
c) full enforcement of the sentence.

2. Where a request for co-operation under one of the above-mentioned modalities is received, it may be refused and one of the other modalities, if deemed to be more adequate, proposed in its stead; such a counter-proposal shall have no effect unless it is accepted by the requesting State.


Article 128
Competence

Co-operation shall be made subject to a request from the State on whose territory the judgement was rendered.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 95
Principle

1. Final and enforceable foreign criminal judgements may be enforced in Portugal under the conditions laid down in this law.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER I
General

Article 126
Principles

1. International co-operation with a view to the supervision of conditionally sentenced or conditionally released offenders habitually resident on the territory of the State to which such co-operation is requested, shall be admissible under the terms of the provisions of the Articles that follow.

2. Co-operation as mentioned in the preceding paragraph shall aim at :
a) facilitating the social rehabilitation of the offender through the adoption of adequate measures ;
b) supervising the behaviour of the person concerned with a view either to order a criminal reaction on that person or to enforce a criminal reaction already ordered.

Article 127
Subject-matter

1. Co-operation provided for in this Part may consist in one of the following modalities :

a) supervision of the sentenced person ;
b) supervision and eventual enforcement of the sentence, or
c) full enforcement of the sentence.

2. Where a request for co-operation under one of the above-mentioned modalities is received, it may be refused and one of the other modalities, if deemed to be more adequate, proposed in its stead ; such a counter-proposal shall have no effect unless it is accepted by the requesting State.

Article 128
Competence

Co-operation shall be made subject to a request from the State on whose territory the judgement was rendered.

RELEVANT ROME STATUTE PROVISIONS

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.