'Reduction of national sentence following pre-trial detention - ICC proceedings' in document 'Portugal - Law 144/99'

Jump to:

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 13
Effect of arrest

1. Any period of remand in custody abroad as well as any arrest ordered abroad as a result of one or another of the forms of co-operation provided for in this law, shall be taken into account in the framework of the Portuguese proceedings or deducted from the sentence, under the terms of the Criminal Code, as if the deprivation of liberty had occurred in Portugal.

2. With a view to making it possible to take into consideration any period of remand in custody, as well as any period of sentence actually served, information as necessary shall be exchanged.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 100
Review and confirmation of foreign judgements

6. Where the request concerns the enforcement of a sentence involving deprivation of liberty, in the cases mentioned in paragraph 5 of Article 96, the delay provided for in the preceding paragraph shall be shortened to two months.

Part I
General

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

Article 13
Effect of arrest

1. Any period of remand in custody abroad as well as any arrest ordered abroad as a result of one or another of the forms of co-operation provided for in this law, shall be taken into account in the framework of the Portuguese proceedings or deducted from the sentence, under the terms of the Criminal Code, as if the deprivation of liberty had occurred in Portugal.

2. With a view to making it possible to take into consideration any period of remand in custody, as well as any period of sentence actually served, information as necessary shall be exchanged.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 100
Review and confirmation of foreign judgements

6. Where the request concerns the enforcement of a sentence involving deprivation of liberty, in the cases mentioned in paragraph 5 of Article 96, the delay provided for in the preceding paragraph shall be shortened to two months.

RELEVANT ROME STATUTE PROVISIONS

Article 78
Determination of the sentence
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.