Part I
General

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


Article 14
Compensation

Portuguese law shall apply to compensation for illegal or unjustifiable deprivation of liberty, or for other damages suffered by the suspect or the accused person,

a) during proceedings initiated in Portugal as a consequence of a request for co-operation made to Portugal;
b) during proceedings initiated abroad as a consequence of a request for co-operation made by a Portuguese authority.

Part I
General

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

Article 14
Compensation

Portuguese law shall apply to compensation for illegal or unjustifiable deprivation of liberty, or for other damages suffered by the suspect or the accused person,

a) during proceedings initiated in Portugal as a consequence of a request for co-operation made to Portugal ;
b) during proceedings initiated abroad as a consequence of a request for co-operation made by a Portuguese authority.

Article 85
Compensation to an arrested or convicted person
1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.