Portugal

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

Part IV
Enforcement of criminal judgements

CHAPTER IV
Transfer of sentenced persons

Section I
Common provisions

Article 114
Scope

This Chapter applies to the enforcement of criminal judgements where such enforcement carries with it the transfer of a person sentenced to a sanction or measure involving deprivation of liberty and where the transfer results from the person's request or depends on the person's consent.

Article 115
Principles

1. If the general requirements provided for in this law and in the following articles are met, any person sentenced by a foreign court to a sanction or a measure involving deprivation of liberty may be transferred to Portugal in order to serve the sentence imposed on him.

2. In the same way and for the same purposes, any person sentenced in Portugal to a sanction or measure involving deprivation of liberty may be transferred to the territory of a foreign State.

3. The transfer may be requested either by a foreign State or by Portugal, in both cases provided that it is either at the request or with the express consent of the sentenced person.

4. The transfer is also subject to the existence of an agreement between the State in which the person was sentenced and the State to which the transfer should be requested.

Article 116
Information to sentenced persons

The prison administration shall inform all foreign persons sentenced in Portugal of their right to request their transfer in conformity with this law.

Keywords

Transfer of sentenced person to State



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