Portugal

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

Part I
General

CHAPTER II
General rules of procedure


Article 21
Procedure

1. The "Procuradoria-Geral da República" (Attorney-General's Office) is hereby designated to be the Central Authority for the purpose of receiving and transmitting any requests for co-operation covered by this law, as well as for all communications relating thereto.

2. Any request for co-operation made to Portugal shall be forwarded to the Minister of Justice by the Attorney-General with a view to its admissibility being decided upon.

3. Any request for co-operation made by Portuguese authorities shall be forwarded to the Minister of Justice by the Attorney-General.

4. The provisions of paragraph 1 shall not prejudice direct contacts relating to requests for co-operation, as mentioned in Article 1.1.f).


Article 22
Communication of requests

1. For the communication of requests, the use, where available, of adequate telematic means, including telefax, shall be permitted, subject to the authenticity, confidentiality and reliability of the data transmitted being assured and subject to an agreement between the requesting and the requested State.

2. The provisions of the preceding paragraph shall not prejudice the use of urgent channels as provided for in Article 29.2.


Article 23
Requests

1. Requests for international co-operation shall indicate:

a) The requesting as well as the requested authorities, even if the indication of the latter may be in general terms;
b) the purpose of and the reasons for the request;
c) the legal qualification of the facts on the grounds of which the request is made;
d) the identification of the suspect, the accused or the sentenced person, of the person whose extradition or transfer is requested, as well as the identification of the witness or the expert whose evidence is sought;
e) a description of the facts, including time and place, proportional to the importance of the co-operation requested;
f) the text of the legal provisions applicable in the requesting State;
g) any relevant documents.

2. The authentication of the documents shall not be required.

3. The competent authority may require that a formally irregular or an incomplete request be modified or completed, without that precluding the possibility of taking provisional measures whenever such measures should not await the revised request.

4. The requirement mentioned in sub-paragraph f) of paragraph 1 above may be dispensed with where the form of co-operation requested is that which is mentioned in Article 1.1.f).


Article 24
Admissibility

1. Any decision by the Minister of Justice that declares the request admissible shall not bind the judicial authorities.

2. Any decision that declares the request inadmissible must be motivated and may not be appealed against.

3. The decisions mentioned in the preceding paragraph must be communicated by the Central Authority to the national or foreign requesting authority.


Article 25
Municipal jurisdiction for international co-operation

1. The jurisdiction of the Portuguese authorities, both for requesting international co-operation and for executing a request made to Portugal shall be determined in accordance with the provisions of the following Parts.

2. The provisions of the Code of Criminal Procedure, supplementary legislation thereto, as well as the legislation relating to offences of a regulatory nature shall apply as subsidiary provisions.

Keywords

Request for cooperation



EDIT.