Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 8
Discontinuation of criminal proceedings
1. Co-operation shall not be admissible where, either in Portugal or in another State in which criminal proceedings concerning the same facts have been initiated:
a) Either the proceedings ended with a final sentence of acquittal, or were otherwise definitively discontinued;
b) either the sentence was carried out, or it cannot be carried out according to the law of the State in which it was passed;
c) the criminal proceedings were discontinued on any other grounds, unless an international convention provides that discontinuation of proceedings under such grounds does not prevent the requested State from engaging in co-operation.
2. The provisions of sub-paragraphs a) and b) of the preceding paragraph shall have no effect where the request by the foreign authority is made for purposes of the judicial review of a sentence and the grounds for such a review are identical to those that are provided for under Portuguese law.
3. The provisions of sub-paragraph a) of paragraph 1 above shall not preclude co-operation where the latter is sought for the purpose of re-opening proceedings, in accordance with the law.
Ne bis in idem
Ne bis in idem - ICC
EDIT.