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 100
Review and confirmation of foreign judgements

1. Foreign judgements shall be enforceable only after they are reviewed and confirmed, according to the provisions of the Code of Criminal Procedure and the provisions of sub-paragraphs a) and c) of paragraph 2 of Article 6 of this law.

2. When deciding on the review and confirmation of a foreign judgement, the court shall be bound by the findings as to the facts, insofar as they are deemed to be proved by the foreign judgement ;
shall not convert a sanction involving deprivation of liberty into a pecuniary sanction ;
shall in no circumstances aggravate the sanction imposed by the foreign court.

3. If the court deems that the facts are not clear, or are insufficient, or that there are facts that are missing, it shall request the necessary supplementary information ; confirmation of the judgement shall be denied where the information mentioned in the preceding paragraph is not possible to obtain.

4. The co-operation procedures provided for in this Chapter shall be of an urgent nature and shall not be interrupted during periods of judicial recess.

5. Where the request concerns a person under arrest, a decision must be taken within six months of the date in which the request reached the court.

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.

7. If an appeal is made, the delays mentioned in paragraphs 5 and 6 above shall be extended respectively by three months and one month.

Keywords

Non-modification of sentence by State



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