Portugal

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

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance


Article 154
Summons to appear

1. Suspect or accused persons, witnesses or experts who are summoned to appear for the purposes of foreign criminal proceedings, service of which has been requested, may fail to appear.

2. When the summons are served, the person concerned shall be informed of his right not to appear.

3. The Portuguese authority shall refuse to service any summons where the person concerned is threatened with sanctions or where the safety of the person concerned is not safeguarded.

4. Consent to appear, if it is given, shall be freely given by way of a written statement.

5. Requests shall indicate the allowances and remunerations, as well as the travelling and subsistence expenses, to be paid out; they ought to be transmitted reasonably in advance so that they can be received 50 days at least before the date at which the person should appear.

6. In urgent cases, the time-limits indicated in the preceding paragraph may be shortened.

7. The allowances, remunerations and expenses mentioned in paragraph 5 above shall be calculated as from the place of residence of the person concerned and shall be at the rates provided for in the law of the State where the hearing is intended to take place.

Keywords

Facilitating voluntary appearance of persons - authority - ICC proceedings



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