Part V
Supervision of conditionally sentenced or conditionally released offenders
CHAPTER I
General
Article 126
Principles
1. International co-operation with a view to the supervision of conditionally sentenced or conditionally released offenders habitually resident on the territory of the State to which such co-operation is requested, shall be admissible under the terms of the provisions of the Articles that follow.
2. Co-operation as mentioned in the preceding paragraph shall aim at:
a) facilitating the social rehabilitation of the offender through the adoption of adequate measures;
b) supervising the behaviour of the person concerned with a view either to order a criminal reaction on that person or to enforce a criminal reaction already ordered.
Article 127
Subject-matter
1. Co-operation provided for in this Part may consist in one of the following modalities:
a) supervision of the sentenced person;
b) supervision and eventual enforcement of the sentence, or
c) full enforcement of the sentence.
2. Where a request for co-operation under one of the above-mentioned modalities is received, it may be refused and one of the other modalities, if deemed to be more adequate, proposed in its stead; such a counter-proposal shall have no effect unless it is accepted by the requesting State.
Article 128
Competence
Co-operation shall be made subject to a request from the State on whose territory the judgement was rendered.
Article 129
Double incrimination
The offence with respect to which the request for co-operation is made must be punishable under both the law of the requesting and the requested State.
Article 130
Optional refusal
Notwithstanding the general requirements provided for in this law, co-operation requested to Portugal may be refused if:
a) the decision with respect to which the request is made was taken in absentia and there was no legal possibility to have a new trial or for an appeal;
b) that decision is not compatible with the underlying principles of the Portuguese criminal law, notably if in view of the age of the person concerned, that person shall not have been subject to criminal proceedings in Portugal.
Article 131
Request
1. Any request made to Portugal shall be submitted by the Central Authority to the Minister of Justice.
2. The Minister of Justice may request an opinion from any agency that is empowered to follow the measures imposed in the sentence.
3. If the Minister of Justice accepts the request, the Attorney-General's Office shall forward it to the public prosecutor attached to the ""Tribunal da Relação" that has jurisdiction in the area of the residence of the person concerned for obtaining a judicial decision on the admissibility of the request.
Article 132
Information
1. The decision on the request for co-operation shall be immediately communicated by the Central Authority to the requesting State and, in case of total or partial refusal, reasons shall be given.
2. Where the request is accepted, the Central Authority shall also communicate to the requesting State any circumstances that might affect either the implementation of the supervision measures or the enforcement of the sentence.
Enforcement of sentences imposed
National procedures re enforcement of sentences imposed
EDIT.