Portugal

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

Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters


Article 1
Subject-matter

1. This law shall apply to the following forms of international judicial co-operation in criminal matters:

a) extradition;
b) transfer of proceedings in criminal matters;
c) enforcement of criminal judgments;
d) transfer of persons sentenced to any punishment, or measure, involving deprivation of liberty;
e) supervision of conditionally sentenced or conditionally released persons;
f) mutual legal assistance in criminal matters.

2. The provisions of paragraph 1 shall apply, as appropriate, to the co-operation between Portugal and any international judicial entities established within the framework of treaties or conventions that bind the Portuguese State.

3. The provisions of this law shall apply as subsidiary provisions to co-operation in matters pertaining (a) to offences of a criminal nature, during the stage of the procedure that is conducted before an administrative authority, and (b) to offences of a regulatory nature that give rise to proceedings that are subject to review before a court of law.


Article 2
Scope

1. Enforcement of this law shall be subject to the protection of the interests of sovereignty, security, ordre public, or other, constitutionally defined, interests of the Portuguese Republic.


2. No right to compel any form of international co-operation in criminal matters shall derive from this law.


Article 3
Primacy of international treaties, conventions and agreements

1. The forms of co-operation mentioned in Article 1 above shall be carried out in accordance with the provisions of the international treaties, conventions and agreements that bind the Portuguese State and, where such provisions are non-existent or do not suffice the provisions of this law.

2. The provisions of the Code of Criminal Procedure shall apply as subsidiary provisions.

Keywords

Applicability



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