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The Fourth Amendment To Decree-Law No. 423/91, Of 30 October, National Law Transposing The Directive No. 2004/80/ec Of The Council Of 29 April 2004 Relating To Compensation To Crime Victims.

Original Language Title: Procede à quarta alteração ao Decreto-Lei n.º 423/91, de 30 de Outubro, transpondo para a ordem jurídica nacional a Directiva n.º 2004/80/CE, do Conselho, de 29 de Abril de 2004, relativa à indemnização das vítimas da criminalidade.

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PROPOSED LAW NO. 55 /X

Exhibition of Motives

With this proposed law proceeds to the transposition of Directive No 2004 /80/CE

of the Council of April 29, 2004 on the compensation of the victims of

crime, proposing, to this end, the amendment of the Decree-Law No. 423/91, 30 of

October, which created a compensation scheme, on the part of the Portuguese state, to the

victims of violent crime.

Directive No. 2004 /80/CE imposes that all Member States of the European Union

ensure that their national legislation provides for the existence of a regime of

compensation, on the part of the state, to the victims of violent felony crimes practiced

in the respective territories. It is also the aim of the Directive to establish a system of

cooperation between the Member States, which would undermine the practical difficulties and

language that may overlap in cross-border situations, in the sense of ensuring

that, in the European space, victims of crime can draw on an authority

in your State-member of residence to access fair and appropriate compensation,

yet the crime has occurred on the territory of another Member State.

As the domestic legal order already has an indemnity scheme, by

part of the State, the victims of violent crime, the transposition of the said Directive

implies only the creation of rules regarding access to compensation in situations

cross-border.

For this, it is proposed, on the one hand, the amendment of the Decree-Law No. 423/91, of 30 of

October, in the direction of providing victims of violent crime practiced in the territory of

another member state of the European Union the possibility of submitting their application

of compensation to the Portuguese commission for the protection of victims of crime, provided that

have their usual residence in Portugal. In this case, and in accordance with the provisions

in the Directive, the granting of the indemnity rests with the Member State in whose territory the

crime has been committed, competing for the Portuguese commission of protection for the victims of

crimes to collaborate with the competent authority of that State-member in the instruction of the

request.

On the other hand, in the case of intentional acts of violence practiced in territory

portuguese or on board Portuguese ships or aircraft, it is proposed to pass the

allow the victim of serious bodily injury or, in the event of death, the person to whom

2

the civil law grants right to food or that, pursuant to Law No. 7/2001, of 11 of

May, live together in de facto union with the victim, present claim for compensation

before the competent authority of the Member State of the European Union in which it has the

your habitual residence. This application is transmitted by that authority to the committee

Portuguese for protection of victims of crime, which carries out, with the collaboration of that

authority, the statement of the request. The compensation is arbitrated and paid by the State

Portuguese.

In the task of transposition of the rules on formalities and broadcasting languages

of the claims for compensation, the options adopted follow closely the discipline verted

in the Directive.

In addition to the changes that are imposed in virtue of the need to transpose the

Directive No. 2004 /80/CE, take the ensejo to propose the correction of

certain aspects that the various years of the Law Decree-Law No 423/91 of 30

of October, they demonstrated to be able to be improved.

Thus, the amendment of Article 1 is proposed, in the sense of, on the one hand, ensuring the

rights of persons living in de facto union with the victim, by sidelining the

Remissive application of the most demanding and tight regime of Article 2020 of the Code

Civil; on the other, a new paragraph 6 is adopted, determining that, in cases where the act

intentional violence substantiate a crime against freedom and self-determination

sexual, the verification of the requirement set out in paragraph 1 (a) may be waived. This

change relates to the fact that, in this type of crimes, does not occur, by rule, a

permanent disability or a temporary and absolute incapacity for the work of

at least thirty days or the death of the victim, justifying it, yet, and given to

seriousness of the crime in question, the allocation by the State of an indemnity.

It is further proposed to amend Article 4 on expiry of the expiry date,

determining that the minor at the date of the intentional act of violence may present the

application for the granting of the compensation from the State until one year after a hit

the age of majority or being emancipated. It is intended, in this way, to obviate possible incury

of the legal representatives of the minor.

The proposed amendments to Articles 2 and 5 relate to the need to strengthen

objective mechanisms that allow to affine, in a fair and appropriate manner, the amount of the

compensation that, in each case, must be arbitrated.

3

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

This Law amenages the Decree-Law No. 423/91 of October 30, as amended by the Laws n.

10/96, of March 23, para. 136/99, of August 28, and by the Decree-Law No. 62/2004, of

March 22, transposing to the national legal order Directive No 2004 /80/CE of the

Council of April 29, 2004 on the compensation of victims of the

criminality.

Article 2.

Amendment of Decree-Law No 423/91 of October 30

Articles 1, 2, 4 and 5 of the Decree-Law No. 423/91 of October 30, as amended by the

Laws No. 10/96 of March 23, para. 136/99, of August 28, and by the Decree-Law n.

62/2004, of March 22, shall be replaced by the following:

" Article 1.

[...]

1-The victims of serious bodily injury resulting directly from acts

intentional of violence practiced in Portuguese territory or on board of

ships or Portuguese aircraft, as well as, in the case of death, the

persons to whom, in accordance with Article 2009 (1) of the Civil Code, it is

granted a right to food and those which, pursuant to Law No. 7/2001,

of May 11, living together in de facto union with the victim, may

apply for the granting of compensation by the State, albeit not if

have constituted or may not constitute assistants in the process

penal, verified the following requirements:

a) [...];

b) Having the injury provoked a considerable disturbance from the level of

life of the victim or, in the case of death, of the applicant;

4

c) [...].

2-[...].

3-[...].

4-[...].

5-[...].

6-When the intentional act of violence sets up a crime against the

freedom and sexual self-determination, verification can be dispensed

of the requirement set out in the a) of paragraph 1 if exceptional circumstances

and duly substantiated so they advise you.

Article 2.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-A The fixation of the compensation for outgoing profits has as a reference

income tax returns referred to in para. b) of paragraph 2 of the

article 5 para.

7-In the event that no compensation has been granted in the case

Criminal or outside of it by fact solely attributable to the applicant,

in particular by not having deducted claim for a cible indemnity or

by him have given up, the upper limit of the amount of compensation to

granting by the State is reduced to half, save when

exceptional and duly substantiated circumstances advise the

contrary.

Article 4.

[...]

1-[...].

5

2-The minor at the date of the intentional act of violence may submit the application

of granting compensation from the state up to a year after

reached the age of majority or being emancipated.

3-If criminal proceedings have been instituted, the time limits referred to us

previous numbers may be extended and expire after an

year on the decision that brings you term.

4-[ Previous Article No 3 ].

5-[ Previous Article No 4 ].

Article 5.

[...]

1-[...].

2-The application must be accompanied by all the useful elements

justifications, namely:

a) [...];

b) Copy of the victim's income tax statement relating to the year

previous to the practice of facts, as well as, in the case of death, of the

applicant;

c) [...].

3-[...].

4-[...]. "

Article 3.

Addition to Decree-Law No 423/91 of October 30

They are deferred to Decree-Law No. 423/91 of October 30, as amended by Laws No 10/96,

of March 23, paragraph 136/99, of August 28, and by the Decree-Law No. 62/2004, 22 of

March, Articles 12-12-B, 12.-C and 12.-D, with the following wording:

" Article 12.

Applicants with habitual residence in another Member State of the European Union

1-In the cases referred to in Article 1 (1), when the applicant has the

your usual residence in another member state of the European Union and have

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submitted to the competent authority of that State application for a grant

of compensation to be paid by the Portuguese state, is incumbent on the commission

referred to in Article 6 para.

a) Receive the application transmitted by the competent authority of the

State-member of the applicant's habitual residence;

b) To charge, within 10 days, the receipt of the application to the applicant and to the

competent authority of the State-member of your residence

customary and communicate the contacts of the committee and the likely deadline

of the decision of the application;

c) Instruct the request;

d) Communicate to the applicant and the competent authority of the State-

member of his / her habitual residence the decision of the Minister of Justice

on the granting of the indemnity.

2-For the purposes of the provisions of the c) from the previous number, the commission

may, if necessary:

a) Request the competent authority of the State-member of the residence

customary of the applicant who promotes the hearing of this or any

another person, specifically a witness or an expert, well

as the sending of the respective minutes of hearing;

b) Hear directly from the applicant or any other person, by

videoconference, requesting the competent authority of the State-

member of the applicant's habitual residence for collaboration

necessary.

Article 12-B

Compensation to be granted by another Member State of the European Union

1-In the event that a violent felony crime has been practiced in the territory of

a other member state of the European Union, the application for the grant

of compensation to be paid by that State may be submitted to the

commission referred to in Article 6, provided that the applicant has his or her

customary residence in Portugal.

2-Presented the application, it is incumbent on the committee to:

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a) Informing the applicant about the mode of filling the

form of the claim for damages and on the documents

necessary proving;

b) Transmit the form and the documents referred to in para.

previous, within 10 days, to the competent authority of the State-

member on whose territory the crime was practiced;

c) Assist the applicant in the response to requests for information

supplementary requests requested by the competent authority of the State-

member on whose territory the crime was practiced, transmitting the

responses, at the request of the applicant, directly to that authority;

d) Provide, the request of the competent authority of the State-

member on whose territory the crime was practiced, the hearing of the

applicant or from any other person, transmitting the minutes of the

hearing from that authority;

e) Collaborate with the competent authority of the Member State in

whose territory the crime was practiced whenever this opte for the

direct hearing of the applicant or any other person, in

compliance with the legislation of that State, namely

via telephone or videoconference;

f) Receive the decision on the claim for compensation transmitted by the

competent authority of the Member State in whose territory the

crime was practiced.

3-A The commission does not carry out any assessment of the application.

4-A The compensation is not arbitrated or paid by the Portuguese State.

Article 12-C

Formalities in the transmission of applications

1-The applications and decisions referred to in Articles 12-to and 12-B are

transmitted through standardised forms approved by decision

of the European Commission, published in the Official Journal of the European Union.

2-The forms and documents submitted in the terms of the articles

12.-A and 12.-B are dispensed with legalization or any other

equivalent formality.

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3-The services requested and provided by the committee referred to in Article 6,

under the provisions of Articles 12-A and 12.-B, do not give way to

any request for a refund of charges or expenses.

Article 12-D

Language in cross-border situations

1-Without prejudice to the provisions of the following number, the forms and others

documents transmitted by the committee referred to in Article 6, to

effects of the provisions of Articles 12-to and 12-B, are drawn up in one of the

following languages:

a) Official language of the Member State of the European Union to which

those forms and documents are sent;

b) Another language of that Member State, provided that it corresponds to a

of the languages of community institutions;

c) Another language, as long as it corresponds to one of the languages of the

community institutions, and that member state to have

declared to accept, pursuant to paragraph 1 (b) of Article 13 of the

Council Directive No 2004 /80/CE of April 29, 2004.

2-The full text of the decision and the minutes of hearing, referred to,

respectively, in the d) of Article 12 (1)-A and in point (s) d) from the

n. 2 of Article 12-B, they may be transmitted in Portuguese or English.

3-Without prejudice to the provisions of the following numbers, the committee may

refuse receipt of the forms and documents transmitted to

effects of the provisions of Articles 12-A and 12.-B when the same no

are written in Portuguese or in English.

4-A the committee may not refuse the receipt of the minutes of hearing referred to in

n Article 12 (2), provided that it is drawn up in a language

that corresponds to one of the languages of the Community institutions.

5-A the committee may not refuse the receipt of the decision referred to in point (f)

of Article 12 (2)-B, provided that it is drawn up in a language

provided for in the legislation of the Member State that transmits it. "

Article 4.

Republication

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It is republished, in annex, which is an integral part of this Law, the Decree-Law n.

423/91, of October 30, with the current wording.

Article 5.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of January 5, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

Decree-Law No. 423/91, of October 30

Article 1.

Compensation, on the part of the state, to victims of violent crime

1-The victims of serious bodily injury resulting directly from intentional acts

of violence practiced in Portuguese territory or on board ships or aircraft

Portuguese, as well as, in the case of death, the persons to whom, under the terms of paragraph 1 of the

article 2009 of the Civil Code, is granted a right to food and those which, in the

terms of Law No. 7/2001 of May 11, living together in de facto union with the victim,

may apply for the granting of compensation by the State, albeit not if

have constituted or are unable to constitute assistants in the criminal proceedings,

verified the following requirements:

a) Of the lesion has resulted in a permanent disability, an inability

temporary and absolute for the work of at least 30 days or the death;

b) Having the injury provoked a considerable disturbance of the standard of living of the

victim or, in the case of death, of the applicant;

c) They have not obtained effective redress of the damage in sentence execution

condensation relating to the application deducted pursuant to Articles 71 to 84 of the

Code of Criminal Procedure or, if it is reasonably to predict that the delinquent

and responsible civilians will not repair the damage, without it being possible to obtain from another

source a real and sufficient repair.

2-The right of compensation remains even if it is not known the identity of the

author of the intentional acts of violence or, for another reason, he can't be

accused or convicted.

3-They may also apply for compensation to persons who have assisted

voluntarily the victim or collaborated with the authorities on the prevention of the

infringement, prosecution or detention of the delinquent, verified the requirements

constants of points a) a c) of paragraph 1.

4-A The granting of the compensation to the persons referred to in the preceding paragraph shall not depend

of the granting of compensation to the victims of injury.

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5-There will be no place for the application of the provisions of this diploma when the damage is

caused by a motor ground vehicle, as well as if the rules are applicable

about accidents at work or in service.

6-When the intentional act of violence sets up a crime against freedom and

sexual self-determination, verification of the requisite requirement in the

point ( a) of paragraph 1 if exceptional and duly substantiated circumstances so

the advising.

Article 2.

Amount of compensation

1-A compensation on the part of the State is restricted to the patrimonial damage resulting from the

injury and will be fixed in terms of equity, having as maximum limits, for each

aggrieved, the amount corresponding to double the ratio of the relationship, to the cases of

death or serious bodily injury.

2-In cases of death or injury of several persons as a result of the same fact, the

compensation on the part of the State has as a ceiling the amount

corresponding to double the handle of the relationship for each of them, with the maximum

total of the sextuple of the relationship's remit.

3-If the indemnity is fixed in the form of annual income, the maximum limit is one

room of the remit of the relationship by each slug, and may not exceed three quarters of the

elated from the relationship when they are several lessees by virtue of the same fact.

4-It will be taken into account all the importance received from another source,

particularly of the delinquent or social security; however, with

respect to private life insurance or personal accidents, only to the extent that the

equity the display.

5-In cases referred to in Article 1 (3), there will also be a

compensation for damage of things of considerable value, having as a limit

maximum the amount corresponding to the remit of the relationship.

6-A The fixing of the indemnity for outgoing profits has as a reference the statements

income tax tax referred to in para. b) of Article 5 (2).

7-In the event that no compensation has been granted in the criminal proceedings or

out of it by fact solely attributable to the applicant, notably by not having

deducted claim for cable damages or for his having given up, the ceiling

of the amount of the compensation to be granted by the State is reduced to half, save

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when exceptional and duly substantiated circumstances advise the

contrary.

Article 3.

Exclusion or reduction of compensation

The compensation by the State may be reduced or excluded taking into account the

conduct of the victim or the applicant before, during or after the practice of the facts, their

relations with the author or his medium, or if it is shown to be contrary to the feeling of justice

or to the public order.

Article 4.

Expiry and provision of provision

1-Under penalty of expiry, the application for the granting of compensation by the State

shall be submitted within one year from the date of the fact.

2-The minor at the date of the intentional act of violence may submit the application for

provision of the compensation from the State until one year after it hit

majority or be emancipated.

3-If criminal proceedings have been instituted, the time limits referred to in the figures

previous ones can be extended and expire after a year has elapsed on the decision

that puts you term.

4-In any case, the Minister of Justice may relive the applicant of the effect of the

lapse when justified moral circumstances or materials have prevented

the submission of the application in good time.

5-In the event of an urgency, provision of a provision on account of the

compensation to be fixed thereafter, upstream not more than one quarter of the limit

maximum.

Article 5.

Application and attached documents

1-A The granting of compensation by the State depends on the requirement of the

persons referred to in Article 1 or the Public Prosecutor's Office.

13

2-The application must be accompanied by all the justifying useful elements,

particularly:

a) Indication of the amount of the indemnity sought;

b) Copy of the tax return of the victim's income relating to the year before the

practice of the facts, as well as, in the case of death, that of the applicant;

c) Indication of any importance already received, as well as of persons or

public or private entities likely to, in whole or in part, come to

carry out benefits in relation to the damage.

3-If you have been deducted request for compensation in the criminal proceedings or outside of it, us

cases in which the law admits it, the application must inform whether it has been granted any

compensation and what your amount.

4-In the event of the falsity of the information referred to in the preceding paragraph, the State has

right to the refund of the amount eventually paid to the applicants, owing

to exercise it by cable action within one year from the date on which you have

knowledge of falsity.

Article 6.

Competence and instruction of the application

1-A The granting of the indemnity is the competence of the Minister of Justice.

2-A The instruction of the application competes in a commission consisting of a magistrate

judicial nominee appointed by the Superior Council of Magistrature, who presides, by a

counsel or trainee lawyer designated by the Order of Lawyers and by a

senior official of the Ministry of Justice, designated by the Minister.

3-They may not constitute the commission persons who have intervenor in any

process instituted by the fact that gives rise to the claim for damages.

Article 7.

Powers of the committee

1-A the committee referred to in the previous article carries out all useful representations to

the instruction of the application and, in particular:

a) Listens to the applicants and those responsible for the compensation;

14

b) Request copies of complaints and stakes relating to criminal facts and

of any pieces of criminal proceedings instituted, yet outstanding of

final decision;

c) Request information about the professional, financial or social situation of the

responsible for the remediation of the damage to any person, natural or legal, and

to any public services.

2-Mediating permission of the Minister of Justice, the committee may still request the

information that repute necessary to the tax administration or to establishments of

credit, when the indemnity officer refuses to provide them and there are

founded reasons in the sense that the same has assets or resources that it intends to

hide.

3-The information requested is not objectiable to professional or banking secrecy.

4-Information obtained from the previous figures may not be used for purposes

different from the statement of the application, and its disclosure being prohibited.

Article 8.

Deadlines

1-A The instruction is completed within three months, save for an extension authorized by the

Minister of Justice, for serviceable reasons and on the basis of reasoned proposal

of the committee.

2-Completed the instruction, the process is sent to the Minister of Justice, accompanied

of opinion on the granting of the indemnity and the respective amount.

3-Before the instruction has been completed, may the committee suggest to the Minister of Justice a

provision of a provision in accordance with Article 4 (4).

Article 9.

Sub-rogation

The State becomes subrogated in the rights of the aggrieved against the author of the intentional acts

of violence and people with merely civil responsibility, within the limits of the

compensation provided.

Article 10.

Refund

15

1-When the victim, subsequently to the payment of the provision or compensation,

obtains, to any title, a repair or effective compensation of the damage

suffered, shall the Minister of Justice, upon opinion of the committee referred to in the article

6., require the reimbursement, in whole or in part, of the importances received, with the proviso of the

provisions of Article 2 (2)

2-The provisions of the preceding paragraph shall apply to the case in which, having been handed over to

provision, if ascertained thereafter that the compensation was not granted for lack

of the requirements referred to in Article 1 para.

3-Of the decisions referred to in the preceding paragraphs shall be contentious appeal, in the terms

general.

Article 11.

False information

Whoever obtains or tries to obtain compensation under the present diploma with

basis in information that knows to be false or inaccurate is punishable with imprisonment up to three

years or fine, without prejudice to the provisions of Article 5 (4).

Article 12.

Application in space

If the facts referred to in Article 1 have been practiced abroad, they apply

provisions of this diploma when the aggrieved person is of nationality

Portuguese, provided that you are not entitled to compensation by the State in whose territory the

damage was produced.

Article 12-The

Applicants with habitual residence in another Member State of the European Union

1-In the cases referred to in Article 1 (1), when the applicant has his / her residence

customary in another member state of the European Union and has submitted to the authority

competent from that State request for the granting of compensation to be paid by the State

Portuguese, is incumbent on the committee referred to in Article 6.

16

a) Receive the application transmitted by the competent authority of the Member State

of the habitual residence of the applicant;

b) To charge, within 10 days, the receipt of the application to the applicant and the authority

competent from the State-member of your habitual residence and communicate the

contacts of the commission and the likely deadline of the decision of the application;

c) Instruct the request;

d) Communicate to the applicant and the competent authority of the Member State of their

habitual residence the decision of the Minister of Justice on the granting of the

compensation.

2-For the purposes of the provisions of paragraph (c) of the preceding paragraph, the committee may, if

required:

a) Request the competent authority of the State-member of the habitual residence of the

applicant who promotes the hearing of this or any other person,

specifically a witness or an expert, as well as the sending of the

respective minutes of hearing;

b) Hear directly from the applicant or any other person, by

videoconference, requesting the competent authority of the State-member of the

customary residence of the applicant the necessary collaboration.

Article 12-B

Compensation to be granted by another Member State of the European Union

1-In the event that a violent felony offence has been practiced in the territory of another

Member state of the European Union, the application for the granting of compensation to

pay for that State may be submitted to the committee referred to in Article 6, since

that the applicant has his / her habitual residence in Portugal.

2-Presented the application, it is incumbent on the committee to:

a) Informing the applicant about the mode of filling out the application form

of compensation and on the necessary supporting documents;

b) Transmit the form and the documents referred to in the previous paragraph

of 10 days, to the competent authority of the Member State in whose territory the

crime has been practiced;

c) Assist the applicant in the response to requests for supplementary information

requested by the competent authority of the Member State in whose territory the

17

crime was practiced, transmitting the responses, at the request of the applicant,

directly to that authority;

d) Provide, the request of the competent authority of the Member State in

whose territory the crime was practiced, the hearing of the applicant or of any

another person, transmitting the minutes of the hearing to that authority;

e) To collaborate with the competent authority of the Member State on whose territory the

crime has been practiced whenever this opts for the direct hearing of the applicant or

of any other person, in accordance with the legislation of that State,

particularly through telephone or video conferencing;

f) Receive the decision on the request for compensation transmitted by the authority

competent of the Member State in whose territory the crime was practiced.

3-A The commission does not carry out any assessment of the application.

4-A The compensation is not arbitrated or paid by the Portuguese State.

Article 12-C

Formalities in the transmission of applications

1-The applications and decisions referred to in Articles 12-A and 12.-B are transmitted

through standardised forms approved by decision of the European Commission,

published in the Official Journal of the European Union.

2-The forms and documents submitted pursuant to Articles 12-A and 12-B

are dispensed with legalization or any other equivalent formality.

3-The services requested and provided by the committee referred to in Article 6, under the

provisions of Articles 12-A and 12-B, do not give way to any request for a refund

of charges or expenses.

Article 12-D

Language in cross-border situations

1-Without prejudice to the provisions of the following number, the forms and other documents

transmitted by the committee referred to in Article 6, for the purposes of the provisions of the Articles

12.-A and 12.-B, are drawn up in one of the following languages:

a) Official language of the Member State of the European Union to which those

forms and documents are sent;

18

b) Another language of that Member State, provided that it corresponds to one of the languages

of the Community institutions;

c) Another language, as long as it corresponds to one of the languages of the institutions

Community, and that Member State has declared it to accept, pursuant to the

point ( b) of Article 13 (1) of the Council Directive 2004 /80/CE of 29 of

April 2004.

2-The full text of the decision and the minutes of hearing, referred to, respectively, in the

d) of Article 12 (1)-A and in point (s) d) of Article 12 (2)-B, may be

transmitted in Portuguese or English.

3-Without prejudice to the provisions of the following numbers, the committee may refuse to receive the receipt

of the forms and documents transmitted for the purposes of the provisions of Articles 12-

A and 12.-B when the same are not written in Portuguese or in English.

4-A the committee may not refuse the receipt of the minutes of hearing referred to in paragraph 2 of the

article 12, provided that it is drawn up in a language that corresponds to a

of the languages of community institutions.

5-A the committee may not refuse the receipt of the decision referred to in para. f) of paragraph 2 of the

article 12-B, provided that it is drawn up in a language provided for in the legislation

of the member state that transmits it.

Article 13.

Charges

1-Charges resulting from the implementation of this diploma will be considered spent

of justice and supported through a special appropriation inscribed annually in the

budget of the Ministry of Justice, chapter " Cabinets of the members of the government and

support services ".

2-As long as the corresponding appropriations are not entered in the State Budget,

will be the same supported by the Office of Financial Management of the Ministry of

Justice.

3-In all sentencing sentencing in criminal proceedings, the court will convict the

argued to pay an amount equivalent to 1% of the applicable rate of justice, to which

will be considered own revenue from the General Vault of the Courts.

Article 14.

Application in time

19

The expiry set out in Article 4 may not be relied upon in respect of facts

practiced after January 1, 1991, on condition that the claim for compensation is

presented within six months from the date of the entry into force of the present

diploma.

Article 15.

Exemption from preparedness and expense and gratuitousness of documents

1-The processes for granting compensation by the State shall be exempt from

prepares and costs.

2-Documents required for the instruction of the application are free of charge and of them must appear

expressly that they are issued for execution of the provisions of this diploma.

Article 16.

[Amendment to Article 508 of the Civil Code]

Article 17.

[Amendment to Article 82 of the Code of Criminal Procedure]

Article 18.

Regulation

The recruitment of the support staff of the committee referred to in Article 6, the

remuneration of its members and, well so, their installation and operation will be

object of regulatory decree.

Article 19.

Entry into force

This diploma, with the exception of the provisions of the preceding Article, shall come into force in the

date of the publication of the regulatory decree in that said.