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 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 I
General

CHAPTER II
General rules of procedure

Article 25
Municipal jurisdiction for international co-operation

1. The jurisdiction of the Portuguese authorities, both for requesting international co-operation and for executing a request made to Portugal shall be determined in accordance with the provisions of the following Parts.

2. The provisions of the Code of Criminal Procedure, supplementary legislation thereto, as well as the legislation relating to offences of a regulatory nature shall apply as subsidiary provisions.

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 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.