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 28
Handing over of property or money

1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.

2. Handing over may be delayed; property and money may be handed over on condition that they are returned.

3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.

4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.

5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.

Keywords

Enforcement of forfeiture orders
Enforcement of sentences imposed
Other forms of cooperation
Transfer of forfeitures to the ICC
Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders
Production of evidence - authority - ICC proceedings
Production of evidence - national procedures for ICC proceedings
Forfeiture of assets - authority - ICC proceedings
Forfeiture of assets - national procedures for ICC proceedings



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