Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER II
Supervision


Article 133
Supervision measures

1. The foreign State that requests no more than supervision shall inform the Portuguese authorities of the conditions imposed on the offender and, if applicable, of the supervisory measures with which the latter must comply during the period of probation.

2. Where the request is accepted, the prescribed supervisory measures shall, if necessary, be adapted by the court to the measures provided for in the Portuguese law.

3. In no case may the supervisory measures applied by Portugal, as regards either their nature or their duration, be more severe than those prescribed in the decision taken in the foreign State.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER II
Supervision


Article 134
Consequences of accepting a request

Acceptance of a request for supervision shall carry the following duties:

a) to ensure co-operation between the authorities and bodies responsible, on the Portuguese territory, for supervising and assisting offenders;
b) to inform the requesting State of all measures taken and their implementation.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER II
Supervision

Article 133
Supervision measures

1. The foreign State that requests no more than supervision shall inform the Portuguese authorities of the conditions imposed on the offender and, if applicable, of the supervisory measures with which the latter must comply during the period of probation.

2. Where the request is accepted, the prescribed supervisory measures shall, if necessary, be adapted by the court to the measures provided for in the Portuguese law.

3. In no case may the supervisory measures applied by Portugal, as regards either their nature or their duration, be more severe than those prescribed in the decision taken in the foreign State.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER II
Supervision

Article 134
Consequences of accepting a request

Acceptance of a request for supervision shall carry the following duties :

a) to ensure co-operation between the authorities and bodies responsible, on the Portuguese territory, for supervising and assisting offenders ;
b) to inform the requesting State of all measures taken and their implementation.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

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.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days’ notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.