Portugal

Law No. 144/99, of 31 August, on International Judicial Cooperation in Criminal Matters

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 99
Documents and procedure

1. The request must be submitted by the Central Authority to the Minister of Justice for examination.

2. The request must be accompanied by a certificate or an authenticated copy of the judgement to be enforced, the statement of consent of the person concerned where the provisions of sub-paragraph j) of paragraph 1 of Article 96 apply, as well as information concerning the length of provisional arrest or the length of the sentence already served.

3. If the judgement concerns more than one person or imposes several criminal reactions, the request shall be accompanied by a certificate or an authenticated copy of that part of the judgement in respect of which enforcement is sought.

4. Should the Minister of Justice deem the request admissible, the file must be forwarded via the Attorney-General to the public prosecutor attached to the competent ""Tribunal da Relação"l" in accordance with the provisions of Article 235 of the Code of Criminal Procedure, for the public prosecutor to promote the implementation of the procedure concerning review and confirmation of the judgement.

5. The public prosecutor shall request that the sentenced person, or his counsel, be heard and state their views on the request, unless consent has already been given by that person or unless the original request for the delegation of powers to enforce came from that person.

Keywords

Contents of request



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