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Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 1
Subject-matter
1. This law shall apply to the following forms of international judicial co-operation in criminal matters:
a) extradition;
b) transfer of proceedings in criminal matters;
c) enforcement of criminal judgments;
d) transfer of persons sentenced to any punishment, or measure, involving deprivation of liberty;
e) supervision of conditionally sentenced or conditionally released persons;
f) mutual legal assistance in criminal matters.
2. The provisions of paragraph 1 shall apply, as appropriate, to the co-operation between Portugal and any international judicial entities established within the framework of treaties or conventions that bind the Portuguese State.
Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 1
Subject-matter
1. This law shall apply to the following forms of international judicial co-operation in criminal matters:
a) extradition;
b) transfer of proceedings in criminal matters;
c) enforcement of criminal judgments;
d) transfer of persons sentenced to any punishment, or measure, involving deprivation of liberty;
e) supervision of conditionally sentenced or conditionally released persons;
f) mutual legal assistance in criminal matters.
2. The provisions of paragraph 1 shall apply, as appropriate, to the co-operation between Portugal and any international judicial entities established within the framework of treaties or conventions that bind the Portuguese State.
3. The provisions of this law shall apply as subsidiary provisions to co-operation in matters pertaining (a) to offences of a criminal nature, during the stage of the procedure that is conducted before an administrative authority, and (b) to offences of a regulatory nature that give rise to proceedings that are subject to review before a court of law.
Article 2
Scope
1. Enforcement of this law shall be subject to the protection of the interests of sovereignty, security, ordre public, or other, constitutionally defined, interests of the Portuguese Republic.
2. No right to compel any form of international co-operation in criminal matters shall derive from this law.
Article 3
Primacy of international treaties, conventions and agreements
1. The forms of co-operation mentioned in Article 1 above shall be carried out in accordance with the provisions of the international treaties, conventions and agreements that bind the Portuguese State and, where such provisions are non-existent or do not suffice the provisions of this law.
2. The provisions of the Code of Criminal Procedure shall apply as subsidiary provisions.
Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 11
Protection of confidentiality
1. In implementing a request for international co-operation submitted to Portugal, the provisions of the Code of Criminal Procedure and supplementary legislation concerning grounds of refusal to testify, seizure of property, telephone tapping, professional or State secrets, or any other cases in which confidentiality is protected, shall apply.
2. The provisions of the preceding paragraph shall apply to any information that according to the request, ought to be given by persons not involved in the foreign criminal proceedings.
Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 12
Applicable law
1. The following shall have legal effect in Portugal:
a) any facts that, under the law of the requesting State, interrupt or suspend time-limitation periods;
b) any complaint submitted in due time to a foreign authority, in cases where a complaint is regarded as a requirement under Portuguese law.
2. Where the Portuguese law alone regards the complaint as a requirement for prosecution and where the person entitled to complain objects, no criminal reaction shall be imposed or enforced in Portugal.
Part III
Transfer of criminal proceedings
CHAPTER I
Delegation of competence in criminal proceedings in favour of the Portuguese judicial authorities
Article 81
Applicable law
The criminal reaction provided in the Portuguese law shall be applicable to the act for which criminal proceedings are taken or are continued in Portugal under the conditions mentioned in the preceding Article, save if the law of the requesting State is more favourable.
Part V
Supervision of conditionally sentenced or conditionally released offenders
CHAPTER IV
Full enforcement of the sentence
Article 140
Applicable provisions
Where the foreign State requests the full enforcement of the sentence, the provisions of paragraphs 2 to 5 of Article 137 and Articles 138 and 139 shall apply mutatis mutandis.
CHAPTER V
Co-operation requested by Portugal
Article 141
Applicable provisions
1. Once a request made by Portugal is accepted, the Central Authority shall so inform the authorities responsible for following the implementation of the measures imposed in the sentence with a view to them establishing direct contacts with their foreign counterparts.
2. The provisions of the preceding Chapters shall apply, mutatis mutandis, to the requests for co-operation made by Portugal.
Part VI
Mutual legal assistance in criminal matters
CHAPTER I
Provisions common to different forms of assistance
Article 146
Applicable law
1. Requests for assistance addressed to Portugal shall be carried out in conformity with the Portuguese law.
2. However, where the foreign State so requests explicitly or where it results from an international agreement, treaty or convention, the assistance sought may be given in conformity with the law of that State, if such is not incompatible with the fundamental principles of Portuguese law and if it does not carry serious prejudice to the parties involved.
3. Requests for assistance shall be refused where the assistance sought implies measures that are banned under Portuguese law or might carry penal or disciplinary sanctions.
Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 1
Subject-matter
1. This law shall apply to the following forms of international judicial co-peration in criminal matters :
a) extradition ;
b) transfer of proceedings in criminal matters ;
c) enforcement of criminal judgements ;
d) transfer of persons sentenced to any punishment, or measure, involving deprivation of liberty ;
e) supervision of conditionally sentenced or conditionally released persons ;
f) mutual legal assistance in criminal matters.
2. The provisions of paragraph 1 shall apply, as appropriate, to the co-operation between Portugal and any international judicial entities established within the framework of treaties or conventions that bind the Portuguese State.
Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 2
Scope
1. Enforcement of this law shall be subject to the protection of the interests of sovereignty, security, ordre public, or other, constitutionally defined, interests of the Portuguese Republic.
2. No right to compel any form of international co-operation in criminal matters shall derive from this law.
Article 3
Primacy of international treaties, conventions and agreements
1. The forms of co-operation mentioned in Article 1 above shall be carried out in accordance with the provisions of the international treaties, conventions and agreements that bind the Portuguese State and, where such provisions are non-existent or do not suffice, the provisions of this law.
2. The provisions of the Code of Criminal Procedure shall apply as subsidiary provisions.
Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 11
Protection of confidentiality
1. In implementing a request for international co-operation submitted to Portugal, the provisions of the Code of Criminal Procedure and supplementary legislation concerning grounds of refusal to testify, seizure of property, telephone tapping, professional or State secrets, or any other cases in which confidentiality is protected, shall apply.
2. The provisions of the preceding paragraph shall apply to any information that according to the request, ought to be given by persons not involved in the foreign criminal proceedings.
Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 12
Applicable law
1. The following shall have legal effect in Portugal :
a) any facts that, under the law of the requesting State, interrupt or suspend time-limitation periods ;
b) any complaint submitted in due time to a foreign authority, in cases where a complaint is regarded as a requirement under Portuguese law.
2. Where the Portuguese law alone regards the complaint as a requirement for prosecution and where the person entitled to complain objects, no criminal reaction shall be imposed or enforced in Portugal.
Part III
Transfer of criminal proceedings
CHAPTER I
Delegation of competence in criminal proceedings in favour of the Portuguese judicial authorities
Article 81
Applicable law
The criminal reaction provided in the Portuguese law shall be applicable to the act for which criminal proceedings are taken or are continued in Portugal under the conditions mentioned in the preceding Article, save if the law of the requesting State is more favourable.
Part V
Supervision of conditionally sentenced or conditionally released offenders
CHAPTER IV
Full enforcement of the sentence
Article 140
Applicable provisions
Where the foreign State requests the full enforcement of the sentence, the provisions of paragraphs 2 to 5 of Article 137 and Articles 138 and 139 shall apply mutatis mutandis.
CHAPTER V
Co-operation requested by Portugal
Article 141
Applicable provisions
1. Once a request made by Portugal is accepted, the Central Authority shall so inform the authorities responsible for following the implementation of the measures imposed in the sentence with a view to them establishing direct contacts with their foreign counterparts.
2. The provisions of the preceding Chapters shall apply, mutatis mutandis, to the requests for co-operation made by Portugal.
Part VI
Mutual legal assistance in criminal matters
CHAPTER I
Provisions common to different forms of assistance
Article 146
Applicable law
1. Requests for assistance addressed to Portugal shall be carried out in conformity with the Portuguese law.
2. However, where the foreign State so requests explicitly or where it results from an international agreement, treaty or convention, the assistance sought may be given in conformity with the law of that State, if such is not incompatible with the fundamental principles of Portuguese law and if it does not carry serious prejudice to the parties involved.
3. Requests for assistance shall be refused where the assistance sought implies measures that are banned under Portuguese law or might carry penal or disciplinary sanctions.