Part IV
Enforcement of criminal judgements
CHAPTER IV
Transfer of sentenced persons
Section II
Transfer out
Article 117
Information and supporting documents
1. Where the person concerned expresses his interest in being transferred to a foreign State, the Central Authority shall so inform that State with a view to obtaining its agreement; that information shall include :
a) name, date and place of birth, and nationality of the person concerned ;
b) his address in that State, where applicable ;
c) a statement of the facts upon which the sentence was based ;
d) the nature and duration of and date in which the person started serving the sanction or measure.
2. The following information shall also be forwarded to the foreign State : a certificate or an authenticated copy of the sentence and of the text of the legal provisions that apply to the case ; a statement indicating the duration of the sanction or measure that was already served, duration of provisional arrest, reduction of the sentence and any other facts pertaining to the enforcement of the sentence ; a statement on the consent of the person concerned to be transferred ; if applicable, any medical or social report relating to the person concerned and in particular to any medical treatment undergone by that person in Portugal and any recommendations as to the continuation of such treatment.
Article 118
Powers
1. The public prosecutor at the court for Execution of Penalties having jurisdiction, on his own initiative or at the request of the applicant, shall process the request for transfer.
2. Requests for transfer must be forwarded as soon as the sentence becomes enforceable.
3. Requests shall be forwarded by the Attorney-General's Office to the Minister of Justice for examination.
4. Where the circumstances of the case so justify, the Minister of Justice may request an opinion from the Attorney-General's Office, the prison administration and the Institute for Social Rehabilitation ; the opinions requested shall be produced within 10 days.
5. The person concerned shall be informed in writing of all the decisions taken subsequent to the request.
Article 119
Request and supporting documents
1. Where a person expressed to a foreign State the wish to be transferred, that State should forward, with the request, the following documents :
a) a statement indicating that the sentenced person either is a national of that State or has his habitual residence on its territory ;
b) a copy of the legal provisions from which it can be assumed that the facts upon which the Portuguese sentence was based also amount to a punishable offence in that State ;
c) any other pertinent documents.
2. The information listed in paragraph 2 of Article 117 shall be forwarded to the foreign State, save if the request is summarily rejected.
Article 120
Decision
1. Where the Minister of Justice deems the request to be admissible, it shall be forwarded by the Attorney-General's Office to the public prosecutor attached to the ""Tribunal da Relação"l" that has jurisdiction in the area of the prison where the person concerned is.
2.. The public prosecutor shall take steps to ensure that the person concerned is heard by the judge; the provisions of the Code of Criminal Procedure relating to the hearing of arrested persons shall apply.
3. The ""Tribunal da Relação"l" shall take a decision on the request, after having determined that the person concerned, fully knowledgeable of the legal consequences thereof, voluntarily consented to his transfer.
4. A consular agent or any official appointed with the agreement of the foreign state shall be granted the possibility of verifying whether or not the consent was given in conformity with the provisions of the preceding paragraph.
Article 121
Effects of transfer
1. The transfer of the person to a foreign State shall have the effect of suspending the enforcement of the sentence in Portugal.
2. Portugal may no longer enforce the sentence after the person has been transferred if the foreign State communicates that a judicial decision has deemed the sentence as having been fully enforced.
3. Where any court applies a measure of amnesty, pardon or commutation, the foreign State shall be informed accordingly through the Central Authority.
Section III
Transfer in
Article 122
Request
1. Where a person sentenced in a foreign State expresses his wish to be transferred to Portugal, the Attorney-General shall forward to the Minister of Justice the information mentioned in Article 117 that he will have received from that State for the purpose of the Minister examining the admissibility of the request.
2. The provisions of the preceding paragraph shall also apply in the cases in which the request comes from the foreign State.
3. The Minister of Justice may request an opinion from the Attorney-General's Office, the prison administration and the Institute for Social Rehabilitation; the opinions requested shall be produced within 10 days.
4. The provisions of paragraph 5 of Article 118 shall apply mutatis mutandis.
Article 123
Specific requirements
1. Once a request for transfer to Portugal is accepted, the file shall be forwarded through the Attorney-General's Office to the public prosecutor at the ""Tribunal da Relação"l" which has jurisdiction in the place of residence indicated by the person concerned, in order to engage a procedure of revision and confirmation of foreign sentence.
2. When the judicial decision on the review and confirmation of the foreign sentence becomes enforceable, that decision shall be transmitted by the Central Authority to the requesting State for the purpose of the transfer being carried out.
Section IV
Information concerning the enforcement and transit
Article 124
Information on the enforcement
1. All information concerning the enforcement of the sentence shall be transmitted to the requesting State; that information shall include :
a) the date on which enforcement of the sentenced has been completed, as decided upon by way of a judicial decision ;
b) if applicable, notice of the escape of the person concerned prior to the sentence having been fully enforced.
2. At the request of the State that requested the transfer, a special report on the way in which enforcement took place and the results thereof, shall be forwarded to it.
Article 125
Transit
Authorisation for the transit through the Portuguese territory of a person being transferred from one State to another may be granted, at the request of any such State ; the provisions of Article 43 shall apply mutatis mutandis.
Enforcement of sentences imposed
National procedures re enforcement of sentences imposed
EDIT.