Portugal

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

Part IV
Enforcement of criminal judgements

CHAPTER III
Proceeds of fines, confiscated property and provisional measures

Article 110
Proceeds of fines and confiscated property

1. The proceeds of any fines imposed by foreign sentences enforced in Portugal shall revert to the Portuguese State.

2. If however the sentencing State so requires, such proceeds may be rendered to it on the condition that under the same circumstances reciprocity would apply.

3. The provisions of both preceding paragraphs shall apply mutatis mutandis where the enforcement of a Portuguese sentence is transferred to a foreign State.

4. Property confiscated shall revert to the State of enforcement, but may however be remitted to the sentencing State if it so requires, if the property is of special interest to it and if reciprocity is ensured.

Article 111
Coercive measures

1. At the request of the public prosecutor and in the framework of the procedure for the review and confirmation of a foreign judgement for the purpose of enforcement of a sentence involving deprivation of liberty, the ""Tribunal da Relação"l" may decide to impose on the sentenced person such coercive measures as it deems fit, if that person is in Portugal.

2. Where provisional arrest is the coercive measure imposed, the measure shall be ended after expiration of the time-limits provided for in paragraphs 4 and 5 of Article 100, if by that time the decision of confirmation is still not forthcoming.

3. Provisional arrest may in such a case be replaced by another coercive measure, in conformity with the law of criminal procedure.

4. Any decision concerning coercive measures shall be open to an appeal.

Article 112
Provisional measures

1. At the request of the public prosecutor, the court may decide to impose such provisional measures as it deems necessary in order to ensure the possibility of enforcing a sentence where the safe-keeping of property is at stake.

2. Any decision taken upon such a request shall be open to an appeal ; appeals against decisions imposing such measures shall not suspend the implementation thereof.

Article 113
Provisional measures taken abroad

1. The request for transfer of the enforcement of a Portuguese judgement to a foreign State may be accompanied by a request that coercive measures be taken with respect to the sentenced person, should the latter be on the territory of that State.

2. The provisions of the preceding paragraph shall also apply to any provisional measures aimed at ensuring the possibility of enforcing a sentence where the safekeeping of property is at stake.

Keywords

Enforcement of sentences imposed



EDIT.