Authorizes The Government To Pass A Regulation Costs, Introducing Mechanisms Of Modernisation And Simplification Of The System Of Expense, To Revoke The Code Of Legal Costs And To Change The Codes Of Civil Procedure, Criminal Procedure And Proc

Original Language Title: Autoriza o Governo a aprovar um regulamento das custas processuais, introduzindo mecanismos de modernização e simplificação do sistema de custas, a revogar o Código das Custas Judiciais e a alterar os Códigos de Processo Civil, de Processo Penal e de Proc

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445794e5331594c6d527659773d3d&fich=ppl125-X.doc&Inline=false

1 PROPOSAL of law No. 125/X explanatory memorandum the present system of costs, in force since 1996, is based in approximately 200 regulatory provisions, the most integrated in the code of your legal costs. In addition to the code of legal costs, the matter is still regulated in the code of Civil procedure, the code of criminal procedure, the code of tax proceedings and processes. In fact, in the own code of legal costs, the same issues relating to justice, charges and fee payment of the account are repeatedly adjusted, so essentially identical, the purpose of the civil procedure, criminal procedure and the administrative and tax process. There are also special arrangements of the expense in relation to processes that run their terms in the Constitutional Court, regulated in Decree-Law No. 303/98, of 7 October and, with regard to the procedures for the execution of pecuniary obligations arising from contracts with a value not exceeding the purview of the relationship and order processes, regulated in Decree-Law No. 269/98 , of 1 September. Can still be provisions on the responsibility for the payment of costs, in particular as regards exemptions in many separate diplomas. The reform undertaken in 2003 had the enormous merit of decrease the index of dispersion existing regulations, but fell short of the desirable for working on the code of legal costs, initially thought only to court proceedings, which was based on a heavy structure, impossible to counter by mere legislative amendment processes. This reform is the result of a process of continuous monitoring and evaluation of the implementation of the system inserted by the 2003 review, having been taken into consideration the studies carried out by the Office of legislative policy and planning, which resulted in an evaluation report, November 2005, and the Final report of the inspection of the Court system, presented by the General Inspectorate of Justice Services in August 2006. From the alert, performed by such studies, for some practical problems in the implementation of the code of legal costs and for some aspects of the respective regime 2 dysfunctional broke for a broader reform, subordinate to the central objective of simplification that is part of the Government's plan to combat the complexity of processes and reduction of the volume of documents and the rigidity of the administrative practices , whose guidelines were essentially as follows: the fair and appropriate distribution) of the costs of Justice; (b)) and rationalisation of Moralizing recourse to the courts, with the differential treatment of litigants in mass; c) criteria of taxation more clear and objective; d) revaluation of the exemption system of expense; and simplification of the legal structure) the system of costs and unification of respective regulations; f) reduction in the number of executions by the expense. Within the framework of the objectives of standardization and simplification of the system of court costs, this reform has as main goal the unification of all quantitative rules and procedure on the expense payable in any case, regardless of nature, judicial, administrative or constitutional fiscal, in one degree – the new regulation of Costs – while maintaining some fundamental rules, whether substantive, on the laws of procedure. Thus, the core standards concerning the liability for payment of the expense can be found in the code of Civil procedure, the code of criminal procedure, which will apply, in the alternative, administrative and fiscal procedures and contra-ordenacionais processes, respectively. However, for all these processes, judicial operators can find simple and uniform rules in the Regulation of Costs, in relation to the quantification of the justice, the mode of payment of costs or the preparation of the correspectiva account. To avoid duplication of the practice of acts on the part of individuals and the Administration, it is also proposed the Elimination of the system of payment of the fee of Justice in two stages-initial and subsequent justice rate – passing the single payment be a justice for each intervener procedure at the beginning of the process. In this way, and because the continuation of the action, incident or resource are dependent on prior payment of Justice only, avoid also the numerous cases of non-compliance that have given rise to the multiplication of small plays for costs brought by prosecutors. 3 Yet in terms of simplification, it is proposed that rules the tax base for those cases in which there are no criteria, procedural law, for determining the value of the claim or for the causes in which it is impossible or difficult to determine. Given the high levels of litigation arising in Portugal, the reform aims to give continuity to the moralization plan and streamlining of recourse to the courts started with the 2003 review. In this context, it is proposed to adopt more drastic measures which aim to give a differential treatment to "mass litigation". One of the factors which contribute to the congestion of the judicial system is the ' colonization ' of the courts by a set of users whose activities represents a constant and unlimited source of debt collection procedures of little value. These recovery actions and their executions, which account for more than half of all the pending procedure illustrate an overview of excessive legal means without consideration by means of preventive Justice. Shows adequate, the establishment of a special justice rate for commercial legal persons that have an annual volume of entries, in court, in the previous year, more than 200 actions, procedures or executions. Such a solution does not put, however, concerned the principles of equality and the proportionality, constitutionally enshrined for access to justice, to the extent that the differentiated rate corresponds to a very intense use of the judicial system of generator costs of congestion in very different terms from the occasional use of the system. The application of a differentiated rate for frequent users of the judicial system finds justification in the need for reasonable treatment and proportional to the cost of congestion. That is, the system should have a balanced access for all users, who the cluttering more must support a cost plus. But not all the measures are damaging competition. This reform also seeks to encourage the use of alternative means of judicial resolution establishing benefits and reductions relating to the payment of costs. This reform, more than improve the existing system, intends to establish a whole new design and operation of the system costs. In this context, it is proposed the Elimination of the current distinction between process costs and costs of intervener procedure, whose usefulness is indecipherable to be only 1 4 concept of Justice. The rate of justice becomes, then, the value that each intervener should provide, for each process, in return for the provision of a service which is in charge of the courts. In General, also fit the justice rate value to the type of case and the costs, in particular, lead to the judicial system, a philosophy of distributive justice which should not be immune to system costs, while financing model and courts of Justice costs impact on their users. With the approval of the Regulation of Costs, the Government will approve new tables, whose criteria for fixing the value of justice are not limited to a mere correspondence in relation to the value of the action. It was noted that the value of the action is not a decisive element in consideration of the complexity of the process and in the generation of costs for the judicial system. Therefore, seeking a matching improvement in the rate of Justice, now a mixed system that is based on the value of the action, up to a maximum limit, and the possibility of correction of the justice rate in the case of particularly complex processes, regardless of the economic value assigned to the cause. Thus, in the case of special procedures, precautionary procedures or other incidents, the value of Justice ceases to be fixed by reference to the value of the action to adapt to the complexity of the procedure its affective. In order to continue the aims of the 2003 reform, in order to obtain greater procedural equality between citizens and the State, proposed a significant reduction in the possibility of prior dispensation from payment of the levy. Finally, still a drastic reduction of exemptions, through the identification of several cases of scattered rules that assign the benefit of the exemption of costs for a rigorous evaluation of the necessity of maintaining the same, pass the regular unified manner all cases of exemptions. The materials relating to costs may fall, generally, in subparagraph (b)) of paragraph 1 of article 165 of the Constitution, although the legislative tradition point the use of mere Ordinance for its regulation. However, the establishment of rates and procedural penalties for non-compliance with the same – refusal to petition or dispute in the Secretariat – implies the creation of conditions for the exercise of the right of access to the courts, provided for in article 20 of the Constitution 5. It appears therefore more appropriate for the Government to submit the proposed amendment to the system of the costs of the Assembly of the Republic. Requiring a law proposal, we decided to propose a draft law, taking into consideration the nature and specificity of the technique Costs. Were heard the Superior Council of the Magistracy, the High Council of the Public Ministry, the Board of Governors of the Administrative and tax Courts and the Bar Association. Were also heard the Association of bailiffs and the Council of bailiffs and the General Workers Union. The necessary steps were promoted to hearing the Chamber of bailiffs, the Trade Union Association of Portuguese Judges, of the Union of public prosecutors, the Justice officials ' Union, the Union of bailiffs and the General Confederation of Portuguese workers-National Intersindical. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter 1-Is the Government allowed to approve the Regulation of Costs and, to this end, the repeal of court fees Code approved by Decree-Law No. 224-A/96, of 26 November , as amended by Decree-Law No. 91/97, of 22 April, by law No 59/98, of 25 August, by decree-laws No. 304/99, of 6 August, no. 320-B/2000 of 15 December, no. 323/2001, of 17 December, no. 38/2003, 8 March and no 324/2003, of December 27 and by the laws No. 45/2004 , 19 August, no 60-A/2005, of 30 December, and no. 53-A/2006, of 29 December. 2-for the purposes set out in the preceding paragraph, the Government is authorized to amend the following provisions: 6 the Code of Civil Procedure), approved by Decree-Law No. 44,129, of 28 December 1961, as amended by decree-laws Nos. 47690, of 11 May 1967, and 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July , by decree-laws Nos. 261/75, of May 27, 165/76, March 1, 201/76, of 19 March, 366/76, of May 5, 605/76, of 24 July, 738/76, of 16 October, 368/77, September 3, and 533/77, of 30 December, by law No. 21/78, of May 3 , by decree-laws Nos. 513-X/79, of December 27, 207/80, of 1 July, 457/80, of 10 October, 400/82, of 23 September, 242/85, of 9 July, 381-A/85, of 28 September, and 177/86, of 2 July, by law No. 31/86, of 29 August, by decree-laws Nos. 92/88 , March 17, 321-B/90 of 15 October, 211/91, of July 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15 February, 329-A/95 of 12 December, 180/96, of 25 September, 375-A/99, of 20 September, and 183/2000, 10 August , by law No. 30-D/2000, of 20 December, by decree-laws No. 272/2001, of 13 October, and 323/2001, of 17 December, by Act No. 13/2002, of February 19, and by Decree-Law No 38/2003, 8 March 199/2003, of 10 September, 324/2003, of December 27 and 53/2004 , 18 March, and by law No. 6/2006 of 27 February and no. 14/2006 of 26 April; (b)) code of criminal procedure, approved by Decree-Law No. 78/87, of 17 February, amended by law No. 17/87, of 1 June, by Decree-Law No. 387-E/87, of 29 December, 212/89, of June 30, 17/91, of 10 January, 57/91 of 13 August, by law No. 57/91, of August 13 , by Decree-Law No. 423/91, of 30 October, 343/93, of 1 October and 317/95 of 28 November, by paragraphs 59/98, of 25 August, 3/99, of 13 January, 7/2000, may 27 and 30-E/2000, of 20 December, by Decree-Law No. 320-C/2000, of 15 December, by law No. 52/2003 , August 22, by Decree-Law No. 324/2003, of December 27, by organic law No. 2/2004, of 12 May and by law No....; (c)) code of tax proceedings and processes, approved by Decree-Law No. 433/99, of 26 October, as amended by laws Nos 3-B/2000, of April 4, 30-G/2000, of 29 December, 15/2001, of 5 June, 109-B/2001, of 27 December and 32-B/2002, of 30 December, by Decree-Law No 38/2003 , March 8 and 160/2003, of July 19, by paragraphs 55-B/2004, of july 30 December and 60-A/2005, of 30 December, by law No. 76-A/2006, of 29 March, by Decree-Law No. 238/2006, of 20 December, and by law No. 53-A/2006, of 29 December; d) all diplomas whose need of modification arising out of this Act.

Article 2 purpose and extent of legislative authorization 1-the meaning and extent of legislative authorization, with regard to the adoption of a new legal regime of costs, are as follows: a) meet in a single diploma all the procedural rules concerning the liability for costs, including the costs charged in court proceedings, administrative and tax and in the context of the procedures which are to take place in the Constitutional Court; b) establish a system of simplified procedural costs, based on the one-time payment of a fee and payment of charges to reflect the actual costs of Justice; c) Provide criteria for fixing the justice rate variables in function, not only of the value assigned to the process, but also the actual complexity; d) Provide criteria for fixing the rate of Justice taking into account the effects of "mass litigation", establishing higher values for companies that have an annual volume of entries in court the year before, exceeding 200, procedures or actions; and) establish the cast and exemptions from costs, revoking all cases of exemptions of expense provided for in separate laws and unifying the system of exemptions in regulation of Costs; f) significantly reduce the benefit of remission prior, keeping him just under the criminal process, which must take place in the Constitutional Court, in the cases provided for by the law of access to the law and the courts and with regard to State, in some processes that are carried out in the administrative and Tax Courts; 8 g) establish a system of benefits within the scope of the reduced rate of Justice, with a view to the creation of incentives for the use of alternative dispute resolution mechanisms, for the use of electronic means, to the adoption of procedural simplification measures, among others, by the conversion of the amounts paid by the parties by way of Justice rate in payment of charges; h) establish uniform rules concerning the fixing of procedural fines; I) Approve where tables included in the values of Justice. 2-the direction and extent of legislative authorization, with regard to amendment of the code of Civil procedure, are the following: a) Integrate in the Civil Procedure Code all standards which are not procedural and purposes concerning the responsibility for the payment of costs; (b)) Change the regime from execution by costs, increasing the possibility of overlapping of executions, with a view to greater procedural economy; c) change the rules concerning the fixing of fines of procedure with a view to the uniform criteria laid down by the Regulation of Costs, pursuant to paragraph (h)) of the preceding paragraph; d) change the rules concerning the non-payment of fee in cases where the process involves the establishment of legal representative and the self-assessment should be made directly by the party; and) Change the rules for fixing the value of the claim to the extent necessary for greater simplification and clarity in determining the value of the claim, bridging some gaps of procedural law with regard to proceedings in which it is petitioned the periodic benefits payments, inventory processes and Division of common thing, action for assignment of the address family house , and in cases concerning the establishment or transfer of the right of rental; f) Change the rules governing the accountability of the prevailing party for costs, exacerbating such liability when the author, and may propose declarative action special for pecuniary obligations, or resort to order process or other similar purposes provided for by law, opt for using the process of Declaration and when the author and must resort to processes of ADR , choose the recourse to judicial process; 9 g) change the rules concerning the responsibility of the losing party and the possibility of supporting the costs of the successful party, part of the agents ' fees; h) Review the distribution of responsibility for the payment of costs, indicating the cases in which it considers that the same should be shared equally between author and defendant; I) Introduce the possibility of applying a special penalty fee requirements, resources, complaints, requests for correction, clarification or reform are considered manifestly unfounded; j) Change the rules whose review if necessary for the adaptation of the code of Civil procedure the Regulation of Costs, pursuant to the preceding paragraph. 3-the meaning and extent of legislative authorization, with regard to amendment of the code of criminal procedure, are the following: a) reduce the scope of liability for the defendant's costs and the wizard, to strengthen the rights of defence of the accused and of the role of the Assistant, as the guarantor of the pursuit of Justice and monitoring of the activity of the Prosecutor in criminal proceedings; b) Extend the possibility of application of the penalty fee to the criminal proceedings; c) establish a system of procedural fines for procedural acts, extemporaneous allowing the application of the rules, in this respect, the code of Civil procedure; d) Alter the standards whose review is necessary for the adaptation of the code of criminal procedure the Regulation of Costs, pursuant to paragraph 1. 4-the meaning and extent of authorisation legislative amendment of the code of tax proceedings and processes, are the following: a) Establish that the value of consideration, for the purposes of costs or other law, tax executions, corresponds to the amount of the debt or of the remaining portion when there is partial annulment or, in any case, the product of the liquidated assets When is below; b) Predict a general subsidiary rule according to which, when there is no special provision, the value of the claim shall be fixed by the judge, taking into account the complexity of the 10 process and the economic condition of the company in question, with the ceiling on the value of the purview of the first instance of judicial courts; c) establish special rules for fixing the value of the claim, depending on the type of process.

Article 3 Duration the legislative authorization granted by this law lasts for 180 days.

Seen and approved by the Council of Ministers of 15 February 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 11 the present system of costs, in force since 1996, is based in approximately 200 regulatory provisions, the most integrated in the code of your legal costs. In addition to the code of legal costs, the matter is still regulated in the code of Civil procedure, the code of criminal procedure, the code of tax proceedings and processes. In fact, in the own code of legal costs, the same issues relating to justice, charges and fee payment of the account are repeatedly adjusted, so essentially identical, the purpose of the civil procedure, criminal procedure and the administrative and tax process. There are also special arrangements of the expense in relation to processes that run their terms in the Constitutional Court, regulated in Decree-Law No. 303/98, of 7 October and as regards procedures to require the fulfilment of pecuniary obligations arising from contracts with a value not exceeding the purview of the relationship and order processes, regulated in Decree-Law No. 269/98 , of 1 September. Can still be provisions on the responsibility for the payment of costs, in particular as regards exemptions in many separate diplomas. The reform undertaken in 2003 had the enormous merit of decrease the index of dispersion existing regulations, but fell short of the desirable for working on the code of legal costs, initially thought only to court proceedings, which was based on a heavy structure, impossible to counter by mere legislative amendment processes. This reform results so a process of continuous monitoring and evaluation of the implementation of the system inserted by the 2003 review, having been taken into consideration the studies carried out by the Office of legislative policy and planning, which resulted in an evaluation report, November 2005, and the Final report of the inspection of the Court system presented by the General Inspectorate of Justice Services in August 2006. From the alert, performed by such studies, for some practical problems in the implementation of the code of legal costs and to some dysfunctional aspects of its regime, broke for a broader reform, subordinate to the central objective of simplification that is part of the Government's plan to combat the complexity of processes and reduction of the volume of documents and the rigidity of the administrative practices , whose guidelines were essentially as follows: the fair and appropriate distribution) of the costs of Justice; 12 b) ethical standards and streamlining of recourse to the courts, with the differential treatment of litigants in mass; c) criteria of taxation more clear and objective; d) revaluation of the exemption system of expense; and simplification of the legal structure) the system of costs and unification of respective regulations; f) reduction in the number of executions by the expense. Within the framework of the objectives of standardization and simplification of the system of court costs, this reform sought to concentrate all the quantitative rules and procedure on the expense payable in any case, regardless of nature, judicial, administrative or constitutional fiscal, in one degree – the new regulation of Costs – while maintaining some fundamental rules, whether substantive, on the laws of procedure. Thus, the core standards concerning the liability for payment of the expense can be found in the code of Civil procedure and the code of criminal procedure, which will apply, in the alternative, administrative and fiscal procedures and contra-ordenacionais processes, respectively. However, for all these processes, judicial operators can find simple and uniform rules in the Regulation of Costs, in relation to the quantification of the justice, the mode of payment of costs or correspectiva account processing. To avoid duplication of the practice of acts on the part of individuals and the Administration, it was decided to eliminate the payment system of Justice in two stages-initial and subsequent justice rate – by providing for the payment of a fee for each intervener justice procedure at the beginning of the process. In this way, and because the continuation of the action, incident or resource are dependent on prior payment of Justice only, avoid also the numerous cases of non-compliance that have given rise to the multiplication of small plays for costs brought by prosecutors. Still with a view to simplification, the rules were created for fixing the tax base for those cases in which there are no criteria, procedural law, for determining the value of the claim or for the causes in which it is impossible or difficult to determine. Given the high levels of litigation arising in Portugal, the reform intended to continue the moralization plan and rationalise the use of 13 courts started with the 2003 review. In this context, it is proposed to adopt more drastic measures which aim to give a differentiated treatment in the face of "mass litigation". Shows adequate, the establishment of a special justice rate for commercial legal persons that have an annual volume of entries, in court, in the previous year, more than 200 actions, procedures or executions. Also created a penalty mechanism procedural actors dilatory reasons, "block" the courts with resources and manifestly unfounded applications. For these cases, the judge of the case may set a special penalty fee, which are costly to replace the justice rate that is owed by the process in question. But not all the measures are damaging competition. This reform also sought to encourage the use of alternative means of judicial resolution establishing benefits and reductions relating to the payment of costs. This reform, more than improve the existing system, intends to establish a whole new design and operation of the system costs. In this field, remove the current distinction between process costs and costs of intervener procedure, whose usefulness was indecipherable, be only a concept of Justice. The rate of Justice is now more clearly, the value that each intervener should provide, for each process, in return for the provision of a service. In General, also sought to adapt the justice rate value to the type of case and the costs, in particular each process brings to the judicial system, a philosophy of distributive justice which should not be immune to system costs, while financing model and courts of Justice costs impact on their users. According to the new tables, the value of the fee is not fixed on the basis of a mere correspondence in relation to the value of the action. It was noted that the value of the action is not a decisive element in consideration of the complexity of the process and in the generation of costs for the judicial system. Therefore, looking for a correspectividade improvement of Justice, now a mixed system that is based on the value of the action, up to a maximum limit, and the possibility of correction of the justice rate in the case of particularly complex processes, regardless of the economic value assigned to the cause. 14 Thus, in the case of special procedures, precautionary procedures or other incidents, the value of Justice ceases to be fixed by reference to the value of the action to adapt to the complexity of the procedure its affective. Seeking to continue the aims of the 2003 reform, in order to obtain greater procedural equality between citizens and the State, significantly reduced the possibility of prior dispensation from payment of the levy. Finally, it was still a drastic reduction of exemptions, identifying the various cases of scattered rules that assign the benefit of the exemption of costs for a rigorous evaluation of the necessity of maintaining the same, pass the regular unified manner all cases of exemptions. Were heard the Superior Council of the Magistracy, the High Council of the Public Ministry, the Board of Governors of the Administrative and tax Courts and the Bar Association. Were also heard the Association of bailiffs and the Council of bailiffs and the General Workers Union. The necessary steps were promoted to hearing the Chamber of bailiffs, the Trade Union Association of Portuguese Judges, of the Union of public prosecutors, the Justice officials ' Union, the Union of bailiffs and the General Confederation of Portuguese workers-National Intersindical.

So: the use of legislative authorization granted by law no _ _ _/_ _ _ _ _ _, in accordance with point (b)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: CHAPTER I subject-matter Article 1 subject-matter this Decree-Law approves the regulations of the court costs and the amendment of the following provisions: 15 a) code of Civil procedure, approved by Decree-Law No. 44,129 of 28 December 1961 , as amended by decree-laws Nos. 47690 of 11 May 1967, and 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July by decree-laws Nos. 261/75, of May 27, 165/76, March 1, 201/76, of 19 March, 366/76, of May 5, 605/76, of 24 July , 738/76, of 16 October, 368/77, September 3, and 533/77, of 30 December, by law No. 21/78, of 3 may, by decree-laws Nos. 513-X/79, of December 27, 207/80, of 1 July, 457/80, of 10 October, 400/82, of 23 September, 242/85, July 9 , 381-A/85, of 28 September, and 177/86, of 2 July, by law No. 31/86, of 29 August, by decree-laws Nos. 92/88, of March 17, 321-B/90 of 15 October, 211/91, of July 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15 February , 329-A/95 of 12 December, 180/96, of 25 September, 375-A/99, of 20 September, and 183/2000, 10 of August, by law No. 30-D/2000, of 20 December, by decree-laws Nos. 272/2001, of 13 October, and 323/2001, of 17 December, by Act No. 13/2002, of February 19 , and by decree-laws Nos. 38/2003, 8 March 199/2003, of 10 September, 324/2003, of December 27, 53/2004, of March 18 and 76-A/2006, of 29 March, and by law No. 6/2006 of 27 February and no. 14/2006, 26 April; (b)) code of criminal procedure, approved by Decree-Law No. 78/87, of 17 February, amended by law No. 17/87, of 1 June, by Decree-Law No. 387-E/87, of 29 December, 212/89, of June 30, 17/91, of 10 January, 57/91 of 13 August, by law No. 57/91, of August 13 , by Decree-Law No. 423/91, of 30 October, 343/93, of 1 October and 317/95 of 28 November, by paragraphs 59/98, of 25 August, 3/99, of 13 January, 7/2000, may 27 and 30-E/2000, of 20 December, by Decree-Law No. 320-C/2000, of 15 December , by law No. 52/2003, of 22 August, by Decree-Law No. 324/2003, of December 27, by organic law No. 2/2004, of 12 May and by law No....; (c)) code of tax proceedings and processes, approved by Decree-Law No. 433/99, of 26 October, as amended by laws Nos 3-B/2000, of April 4, 30-G/2000, of 29 December, 15/2001, of 5 June, 109-B/2001, of 27 December and 32-B/2002, of 30 December, by Decree-Law No 38/2003 , March 8 and 160/2003, of July 19, by paragraphs 55-B/2004, of 30 of December 16 and 60-A/2005, of 30 December, by Decree-Law No. 76-A/2006, of 29 March, by Decree-Law No. 238/2006, of 20 December, and by law No. 53-A/2006, of 29 December; d) the system of procedures to require the fulfilment of pecuniary obligations arising from contracts with a value less than or equal to the purview of the Court of first instance, adopted in annex by Decree-Law No. 269/98, of September 1, as amended by Decree-Law No 383/99, of September 23, 183/2000, of 10 August, 323/2001, of 17 December , 32/2003, de 17 de February, 38/2003, 8 March, 324/2003, of December 27, 107/2005 of July 1 and 14/2006, 26 April; and commercial registry Code), approved by Decree-Law No. 403/86, of December 3, as amended by decree-laws Nos. 7/88, of 15 January, 349/89, of 13 October, 238/91, of 2 July, 31/93, of 12 February, 267/93, of 31 July, 216/94, of August 20, 328/95 , December 9, 257/96, of 31 December, 368/98, of 23 November, 172/99, of 20 may, 198/99, of 8 June, 375-A/99, of 20 September, 410/99, of October 15, 533/99, of December 11, 273/2001, October 13, 2001, 323/17 December, 107/2003 , June 4, 53/2004, of March 18, 70/2004, of March 25, 2/2005, de 4, 35/2005, February 17, 2005, 111/8 July, 52/2006, of March 15 and 76-A/2006, of 29 March; f) land registry code, approved by Decree-Law No. 224/84, of July 6, with the changes arising from decree-laws Nos 355/85, 2 September, 60/90, of February 14, 80/92, of 7 may, 30/93, of 12 February, 255/93, of 15 July, 227/94, of September 8, 267/94, 25 October , 67/96, of May 31, 375-A/99, of 20 September, 533/99, of December 11, 272/2001 of 13 October, 323/2001, of 17 December and 38/2003, 8 March, by Decree-Law No. 194/2003, of 23 August and by law No. 6/2006 of 27 February; g) the Legal Regime of immigrant associations, approved by law No. 115/99, of 3 August, regulated by Decree-Law No. 75/2000, 9 may; h) Decree-Law No. 35781, August 5 1946, as amended by Decree-Law No. 193/97, 29 July; 17 i) Decree-Law No. 108/2006, of June 8.

CHAPTER II legislative changes Article 2 amendment to the Civil Procedure Code articles 59, 92, 93, 145, 150-A, 152, 298, 305.º, 307 to 309, 311, 312, 343.º, 372.º, 446.º to 450.º, 452.º to 455.º, 467.º, 474.º, 486.º-A, 538, 543.º, 659.º, 663.º, 668.º and 690.º-B of the code of Civil procedure, shall be replaced by the following:% quot% article 59 [...]

The Public Ministry promote the implementation by costs and fines imposed on any judicial process.

Article 92 [...]

1-For the execution by the expense, by fines or the compensation referred to in article 456.º and similar precepts, is the Court of the place where there is ran the process that has taken place the notification of their account or settlement, in accordance with the provisions of paragraph 3 of article 90-2 If their declarative process give rise to implementation on the initiative of either party , should the execution by costs, fines or damages be established by annexed to main execution; If the execution by the expense has been taken first, the same must be combined to the main execution provided that have not yet been liquidated assets in an amount sufficient to satisfy the claim in question. 18 Article 93 [...]

1-When the condemnation in expense, fine or compensation was given in the relationship or the Supreme, the execution runs in the District Court having jurisdiction, the area in which the process there is gone, since you shouldn't be attached to the main execution, in accordance with paragraph 2 of the preceding article. 2 - […].

Article 145 [...]

1 - […]. 2 - […]. 3 - […]. 4 - […]. 5-Regardless of fair offside, can the Act be practiced within the first three business days following the end of the term, your validity dependent on the immediate payment of a fine, fixed in the following terms: a) if the Act is practiced on the first day, the fine is fixed at 10% of the corresponding process or Justice Act, with the maximum limit of half UC; b) if the Act is practiced on the second day, the fine is fixed at 25% of the corresponding process or Justice Act, with the maximum limit of 3 UC; c) if the Act is practiced on the third day, the fine is fixed at 40% of the corresponding process or Justice Act, with the maximum limit of 7 UC. 6-Practiced the Act in any of the three working days without having been paid the fine immediately, as soon as the lack is verified, the Secretariat, regardless of order, notify the person concerned to pay the fine, 19 plus a penalty of 25%, provided that such act practiced by authorized representative. 7 the Act is practiced directly by part, in action that doesn't mind the Constitution of representative, the payment of the fine is only due after notification by the Secretariat, which provides for a period of 10 days for that payment. 8-the judge may exceptionally determine the reduction or remission of fines in cases of manifest economic shortage or when the amount proves to be manifestly disproportionate, especially in the stocks that don't mind the Constitution of representative and the Act has been practiced by the party directly.

Article 150 [...]

1-When the practice of a procedural act requires payment of Justice, under the conditions laid down by the Regulation of Costs, shall be accompanied by the documentary evidence of your prior payment or to grant the benefit of legal aid, except in the latter case that document is already close to the record. 2-the document certifying payment of value less than justice fee due pursuant to regulation of Costs, amounts to lack of joint, and even be returned to the presenter. 3-Without prejudice to the provisions relating to the application, the lack of the document referred to in paragraph 1 shall not imply refusal of procedural part, and the part your join in carrying out 10 days after the Act of procedure, application of cominações laid down in articles 486.º-512.º-B, and 690.º-B 4-When the application is submitted by email or other means of electronic transmission of data , the document proving the payment of the fee of Justice should be referred to court within the time limit referred to in paragraph 3 of the preceding article, release the petition presented. 20 5-in the case of cause not import the Constitution of representative, and the Act has been practiced directly by the party, is the notified party to make the junction of proof of payment or the granting of legal aid, under penalty of being subject to legal cominações. 6-in the cases provided for in the preceding paragraphs, the quote is only carried out after the joint record of the said document.

Article 152 [...]

1 - […]. 2 - […]. 3-If the part does not make delivery of any of the duplicates and copies required in the preceding paragraphs, is notified ex officio by the Secretariat to submit within two days by paying a fine the amount fixed in paragraph 1 (a)) of paragraph 5 of article 145. Not doing, is extracted from the certificate missing elements, paying part, besides the cost, the highest penalty provided for in paragraph 5 of article 145 4-[...]. 5 - […]. 6 - […]. 7 - […]. 8 - […].

Article 298 [...]

1 - […]. 2-in the case of joinder necessary, confession, waiver or transaction of some of litisconsortes shall take effect only as the costs, following the provisions of paragraph 2 of article 446-the No. 21 Article 305.º [...]

1 - […]. 2 - […]. 3-for the purpose of legal costs, the value of the claim shall be fixed in accordance with the rules laid down in this regulation and in regulation of Costs.

Article 307 [...]

1-in the actions of eviction, the value is the income of two and a half years, plus the rent owed or of compensation requested or agreed upon, whichever is higher. 2-in cases relating to financial leasing contracts, the value is the equivalent to the sum of benefits in debt until the end of the contract plus interest charges accrued. 3 - […]. 4 - […].

Article 308 [...]

1-in determining the value of the claim, shall be the moment when the action is proposed, except where there is no counterclaim or main intervention. 2-the value of the request made by the defendant or by the intervener is only added to the value of the request made by the author when the orders are distinct, in accordance with the provisions of paragraph 4 of article 447.º-. 3-the increase referred to in the preceding paragraph shall take effect only as regards the actions and subsequent terms counterclaims or intervention. 4-[previous paragraph 3].

Article 22 309 Value of the action in the case of maturing and periodic benefits 1 in the action if asked, in accordance with article 472.º, overdue and maturing, will take into account the value of each other. 2-in cases whose decision involves a periodic benefit, except in food or contribution to household expenses, has taken into account the value of benefits for a year multiplied by 20 or by the number of years that the decision include, if is less than; If it is impossible to determine the number of years, the value will be the purview of the relationship.

Article 311 [...]

1 - […]. 2-in the actions for Division of common thing, pick up to the value of the thing if you want to share. 3-in the processes of inventory meets to the sum of the value of the goods the share; When there is determined the value of the goods, if the constant value of the relation produced at the Division of finance. 4-[previous No. 2].

Article 312 value of shares on the status of the people or intangible interests or diffuse 1-actions on the State of the people or intangible interests always consider value equivalent to the purview of the relationship and (euro) 0.01. 2-the same rule shall apply to actions for assignment of the address family house, Constitution or transfer of the rental right. 23 3-in procedures for the supervision of diffuse interests, the action value corresponds to that of the damage invoked, with the maximum limit of double the jurisdiction of the Court of appeal.

Article 343.º [...]

The opponent shall deduct the your claim by way of petition, to which they are applicable, mutatis mutandis, the provisions relating to the application, including with regard to costs.

Article 372.º common rules for incident processing 1-[...]. 2 - […]. 3-the rejection of a license shall not prevent the applicant deduct another, based on different facts or evidence several relating to the same fact. The new license, when founded on the same facts can be deduced in the first process, providing further evidence, keeping, however, the duty of paying the charges relating to the first license.

Article 446.º [...]

1 - […]. 2-means giving cause at the expense of the process: a) the unsuccessful party, in proportion as it is, except as provided in subparagraphs (a) following; (b)) the author, and may resort to alternative dispute resolution structures, opt for recourse to legal proceedings, unless the other party has rejected or demonstrated so express your opposition to the alternative dispute resolution; 24 c) the defendant who has rejected or demonstrated so manifest to your opposition to the use of alternative dispute resolution structures referred to in the preceding sub-paragraph; 3-in the case of conviction for solidarity, solidarity obligation extends to expense. 4-the provisions of article 450.º shall not apply to cases specified by paragraph 1 (b)) and c) of the preceding paragraph. 5-The alternative dispute resolution structures referred to in paragraph 1 (b)) and c) of paragraph 2 are set out in Government's concierge is responsible for the area of Justice.

Article 1-447.º Costs The costs covering the justice rate, fees and charges. 2-the justice rate corresponds to the amount due for each intervener and procedural impulse is set depending on the value and complexity of the case, in accordance with the regulation of Costs. 3-Are the costs all expenses resulting from the process driving the same, required by the parties or ordered by the judge of the cause. 4-the costs of part understand what each part there is spent with the process and have the right to be compensated under the condemnation of the opposing party.

Article 448 [...]

1 - […]. 2 - […]. 3-the employee or agent that gives the annulment of acts of the process responsible for the prejudice resulting from the annulment, under the conditions laid down by the regime of the non-contractual liability of the State. Article 25 – 449 [...]

1 - […]. 2 - […]. a) […]. b) […]. c) When the author with a title with enforceable, to the evident process of Declaration; d) When the author, and may propose declarative action special for pecuniary obligations, appeal the order process or other similar purposes provided for by law, opt for using the process of Declaration; e) [Former subparagraph (d))]-3 [...].

450.º apportionment of costs article 1-When the demand of the plaintiff or applicant or defendant or defendant's opposition were founded at the time were instituted or deducted and no longer be consequential to these circumstances not attributable, the costs are allocated between those in equal parts. 2-there was a change of circumstances not attributable to the parties when: a) the claim of the author or defendant or defendant's opposition or applicant if there are founded on disposal cool however changed or revoked; b) When there is a reversal of settled case-law on which there is the intention of the author or founded applicant or defendant or defendant's opposition; c) When, in the course of the procedure, the prescription or amnesty; 26 d) When, in the process of implementation, the heritage that would serve to guarantee to creditors if you have dissipated by fact not attributable to run; e) in the case of action aimed at satisfaction of pecuniary obligations and will occur the Declaration of insolvency of the defendant or executed, provided that, at the date of the filing of the action was predictable for the author such insolvency proceedings. 3-in all other cases of extinction of instance for impossibility or adjudicate the deal, responsibility for costs is borne by the author or applicant, unless such impossibility or uselessness is imputable to the defendant or respondent, in which case this is the responsible for the entirety of the costs. 4-considered, inter alia, that is attributable to the defendant or respondent to adjudicate the deal when this involves voluntary satisfaction, on its part, the claim of the plaintiff or applicant, outside the cases referred to in paragraph 2 of the preceding article and unless, in case of agreement, the parties agree the apportionment of costs.

Article 452.º Expense payable subsidiary intervention and assistance 1-one whose intervention is accepted and assume the quality of Assistant is responsible, if declining, assisted by the payment of costs as defined in the Regulation of Costs. 2-in cases of intervention of the public prosecutor, are only payable expense when this does not qualify for exemption for a possible intervention as main part in controversial issue identical.

Article 453.º [...]

1-the rate of precautionary procedures and justice of the incidents shall be paid by the applicant, unattended, the end, in its action; 27 going on opposition, the value to meet the main action is calculated twice. 2-the justice rate in the process of production of proof shall be paid by the applicant in advance and served in the action that is proposed in the meantime. 3-the rate of Justice separate notifications shall be paid by the applicant.

Article 454.º [...]

1-The judicial representatives and technicians of the successful party may require that your credit for fees, expenses and advances is wholly or partly satisfied by the expense that your constituency is entitled to receive from the losing party.

Article 455.º [...]

The costs of implementation, including the fees and expenses incurred by the enforcement agent, joined cases and their declarative action leave meet essential needs of the product of the seized property.

Article 467.º [...]

1 - […]. 2 - […]. 3-the author must attach to the application the document proving the payment of the fee prior to justice due or to grant the benefit of legal aid, in the form of total or partial exemption. 4 - […]. 5-in the case referred to in the preceding paragraph, the author must make the payment of the fee of justice within 10 days from the date of notification of the decision dismissing the application for legal aid, under penalty of 28 release of the application, unless the refusal of the application for legal aid is notified after the summons of defendant. 6 - […]. 7 - […].

Article 474.º [...]

[…]: a) […]; b) […]; c) […]; d) […]; e) […]; f) has not been with the document proving the payment of the fee prior to justice due or the document attesting the grant of legal aid, except in the case provided for in paragraph 4 of article 467.º g) [...]; h) […]; i) […].

Article 486.º [...]

1-is applicable to the dispute, with the necessary adaptations, the provisions of paragraph 3 of article 467.º, the defendant, if he is awaiting a decision on the grant of the benefit of legal aid, add only the presentation document of the respective application. 2-in the case referred to at the end of the preceding paragraph, the defendant must attach to process the document proving the payment of the fee prior to justice within 10 days of notification of the decision dismissing the application for legal aid. 29 3-for lack of a joint, within 10 days of the submission of the defence, the document proving the payment of the fee due justice, the Secretariat notifies the interested to, in 10 days, payment with additional citation omitted the same amount, but not less than 1 and not more than 5 UC UC. 4 - […]. 5-Ended the pleadings and without prejudice to the period set in paragraph 3, if it has not been with the document proving the payment of the fee due justice and fine by the defendant, the judge gives order in accordance with point (b)) of paragraph 1 of article 508.º and invited the defendant to proceed, within 10 days, the payment of the fee and the missing ticket plus a fine equal to the value of Justice, with the minimum of 5 and maximum of 15 UC UC. 6 - […]. 7 - […].

Article 538 [...]

1-expenditure that goes way to request come in, under rule, being the top logo to third parties and official bodies by the party have suggested the stage or one to whom the coach take advantage. 2-When the judge found that the documents requested are manifestly impertinent or unnecessary and if the plaintiff has not acted with due prudence, is the same doomed to a fine in accordance with the Regulation of Costs.

Article 543.º [...]

1-Together documents and completed by the Secretariat pursuant to article 526.º, the judge, as soon as the process is completion, if you don't have 30 ordained the junction and check that the documents are impertinent or unnecessary, will send out the process and restore them to the presenter, condemning this to a fine under regulation of the Costs. 2-if applicable the provisions of paragraph 2 of article 523.º, the party is ordered to pay a single ticket.

Article 659.º [...]

1 - […]. 2 - […]. 3 - […]. 4-at the end of the sentence, the judge must convict those responsible for costs; indicate the proportion of their responsibility and determine the application of sections B or C of table I annexed to the Regulation of Costs, as the case may be. 5-[previous paragraph 4].

Article 663.º [...]

1 - […]. 2 - […]. 3-the fact the fact that relevant legal have been born or if be extinguished during the process is taken into account for the effect of the conviction in the expense, in accordance with the provisions of article 450.º Article 668.º [...]

1-is null the sentence:) [...]; b) […]; 31 c) […]; d) […]; e) […]; f) when it is silent with regard to fixing the responsibility for the expense, in accordance with paragraph 4 of article 2 659.º-[...]. 3 - […]. 4 - […].

Article 690.º-B [...]

1-if the document proving the payment of the fee due, or justice to grant the benefit of legal aid has not been close to the process at the time set for that purpose, the Secretariat notifies the interested to, in 10 days, payment omitted, plus a fine of the same amount, but not less than 1 and not more than 5 UC UC. 2-If, on the expiry of a period of 10 days referred to in the preceding paragraph, has not been close to the process the document proving the payment of the fee due justice and fine or to grant the benefit of legal aid, the Court determines the release of claims, the application or the response submitted by the party at fault. 3 - […].»

Article 3 Amendment to the code of Civil procedure Are added to the code of Civil procedure 446.º articles-and 447.º-the 447.º-D, with the following text: 32 ' 446.º-the rules on joinder and 1-Coalition Having been overcome, in its entirety, several authors or multiple defendants litisconsortes, these answer the expense in equal parts. 2-in the case of a transaction of litisconsortes, those who transigirem will benefit from a 50% reduction in the amount of costs. 3-When the maturity of some of the litisconsortes is only partial, the responsibility for expense take such circumstances into account, under the conditions laid down in the Regulation of Costs. 4-When there is coalition of authors or defendants, responsibility for costs is determined individually under the general terms set out in paragraph 2 of article 446.º Article 447.º-1 Justice rate-the rate of Justice shall be paid by the party that demande as author or defendant, judgment creditor or executed, applicant or defendant and appellant. 2-in the case of a counterclaim or main intervention, shall be due only when the rate of supplementary justice reconvinte deduce an order distinct from the author. 3-the application not considered distinct, namely, when the part you want to achieve in your benefit, the same legal effect as the author proposes to get or when the part you want to obtain the compensation claims. 4-going on joinder, the consort to figure as part first on writ of summons, counterclaim or application must proceed to the payment of the whole of the justice, safeguarding the right of return on the litisconsortes. 5-in the case of a coalition, each author, reconvinte, operator or applicant is responsible for the payment of the respective fee of Justice, being the value of the fixed in term of regulation of Costs. 33 6-in the actions proposed for commercial companies which have entered in any court, in the previous year, to 200 or more shares, procedures or executions, the justice shall be double compared to the reference value, regulation of Costs. 7-for the purposes of sentencing the justice rate payment, consider of particular complexity actions: a) concern issues of high specialization for technical or legal matter combined analysis of legal issues of scope very diverse; and b) involve the hearing of a large number of witnesses, evidence analysis extremely complex or several steps of production proves lengthy.

Article 447.º-B exceptional penalty Fee By reasoned decision of the judge, and in exceptional cases, can be applied a penalty rate, resource requirements, complaints, requests for correction, clarification or reform when these, being considered manifestly unfounded:) Are a result of lack of care or diligence in part, not aimed at discussing the merits of the case and are merely dilatory; or (b)) in order to also discuss the merits of the case, to be manifestly unfounded pursuant to settled case-law and consolidated and resulting exclusively from the lack of diligence and prudence on the part.

Article 34 447.º-C Charges 1-except as provided in the law governing legal aid, each party pays the charges that have given rise and that if they are producing in the process. 2-the costs are the responsibility of the party requesting the stage or, if any of its own motion, the part that takes advantage of the same. 3-When all parties have the same interest in diligence or construction expense, take equal advantage of diligence or expense or not be able to determine who is the interested party, are the costs apportioned equally between the parties. 4-are exclusively borne by the applicant for the costs of the acquisition of magnetic media necessary for the recording of evidence. 5-are exclusively borne by the applicant, regardless of winning or the conviction in expense, charges with diligence clearly unnecessary and dilatory nature. 6-the application of this standard depends always of the judge's determination.

Article 447.º-(D) the expense of part 1-the costs of the successful party shall be borne by the losing party in proportion to the decay and your under regulation of the Costs. 2-Understand the expense of part, inter alia, the following expenses: a) the rates of pay justice; b) actually costs borne by the party; c) remuneration paid to the enforcement agent and the expenses for this; d) fees of the representative and the cost for this. 35 3-the amounts referred to in the preceding paragraph are subject to discriminative note and background, in which should be included in all essential elements relating to the process and the parties.»

Article 4 amendment to the systematic organization of the code of Civil Procedure 1-section I of Chapter VII of Book III is replaced by the following heading: "Costs – general principles". 2-section II of Chapter VII of Book III shall integrate the articles 446.º-and 447.º-447.º-D added to by this decree-law and the articles 448 to 455.º, passing above the following "special rules". 3-section III is added to Chapter VII of Book III, with the following title: "fines and compensation" article 5 Republication of Chapter VII of title I of Book III of the code of Civil procedure is republished, in annex I, Chapter VII of title I of Book III of the code of Civil procedure.

Article 6 amendment to the code of criminal procedure are amended articles 374.º, 376.º, 377.º, 397.º, 510.º to 515.º, 519.º to 522.º and 524.º of the code of criminal procedure, which shall be replaced by the following: ' article 374.º [...]

1 - […] 2 - […]. 3 - […]. 36 4-the sentence observes the provisions of this code and the Regulation of Costs in respect of the expense.

Article 376.º [...]

1 - […]. 2-the sentence of acquittal condemns the wizard in expense, under the conditions laid down in this code and in the Regulation of Costs. 3 - […].

Article 377.º [...]

1 - […]. 2 - […]. 3-going on condemnation with regard to the claim for compensation is the defendant ordered to pay the costs incurred by the applicant in this quality and, if aggregate, as Assistant. 4-going on acquittal with regard to the claim for compensation is the applicant convicted in expense in accordance with regulation Costs.

Article 397.º [...]

1-When the defendant does not object to the request, the Court, by order, the application of sanctions and condemnation on the justice rate payment. 2 - […]. 3 - […].

37 Article 510.º [...]

Everything that is not specifically provided for in this code, the execution of goods shall be governed by the provisions of the code of Civil procedure and regulation of Costs.

Article 511.º [...]

With the product of goods payments shall be executed in the following order: 1 [...] 2 [...] 3 The charges paid to the State and of the Institute of financial management and of Infra-structures of Justice, i. p. 4 [...] 5 [...]

Article 512.º [...]

Unless otherwise stated, the amounts of fines and fines levied in mind have the destination fixed in the Regulation of Costs.

Article 513.º [...]

1-only room to pay the fee when sentencing occurs in first instance and total decay in any resource. 2 - […]. 3-the conviction rate of Justice is always individual and the respective amount is set by the judge, the end, under the conditions laid down in the Regulation of Costs. 38 Article 514.º [...]

1-unless there are legal aid, the defendant convicted is liable for payment, the final, of charges that your activity there is given way. 2 - […]. 3-If the wizard is also sentenced to pay rate of Justice, responsibility for costs that cannot be attributed to the simple activity of one or the other is spread over both equally.

Article 515.º Liability for costs 1-Wizard is due justice rate by the wizard in the following cases: a) If the defendant is acquitted or cannot be pronounced for all or for some crimes listed in the indictment that there is deducted; b) decay, in whole or in part, on appeal there is brought or who has made opposition; c) [Repealed]; d) If you do finish the process by forfeit or unjustified abstention to acknowledge; e) [Repealed]; f) […]. 2 - […]. 3-[Repealed].

Article 519.º [...]

1-the Constitution of Assistant gives way to justice, in accordance with the rate laid down in the regulation of Costs. 39 2-[Repealed]. 3 - […].

Article 520.º the responsibility of the complainant Paid the complainant costs too, when you show who denounced in bad faith or with gross negligence.

Article 521.º special rules 1 the practice of any acts in criminal proceedings shall apply the provisions of the code of Civil procedure when the conviction to pay penalty rate. 2 in the case of acts committed by someone who is not criminal procedural and subject are concerned conduct that entorpeçam progress or involve the substantial time and resources available, can the judge order the person concerned to pay a fixed rate between 1 UC and UC 5.

Article 524.º Provisions shall apply subsidiarily's subsidiaries in the Regulation of Costs.»

Article 7 Amendment to the code of criminal procedure article 107 shall be added to the code of criminal procedure, as follows: 40 ' 107-the penalty for committing procedural acts extemporaneous notwithstanding the preceding article, the practice of criminal procedural acts extemporaneous applies the provisions of paragraphs 5 to 7 of article 145 of the code of Civil procedure , with the following changes: a) if the Act is practiced on the first day, the fine is equivalent to half an UC; b) if the Act is practiced on the second day, the fine is equivalent to 1 UC; c) if the Act is practiced on the third day, the fine is equivalent to UC 2.»

Article 8 Republication of the book XI of the criminal procedure code is republished, in annex II, the ELEVENTH Book of the code of criminal procedure.

Article 9 an addition to the code of tax proceedings and processes article 97A shall be inserted after (A) the code of tax proceedings and processes, approved by Decree-Law No. 433/99, October 26, with the following text:% quot% article 97-the value of the question 1-the values merit consideration, for the purposes of costs or other law, to actions arising from tax courts , are the following: a) when the settlement of contested importance whose annulment intended; (b)) when it contests the Act of fixing the taxable amount, the value contested; c) when the Act of fixing contests of asset values, the value contested; 41 d) in litigation the total or partial refusal or revocation of exemptions or other tax benefits, the value of the exemption or benefit; 2-in cases not provided for in the preceding paragraphs, the value is set by the judge, taking into account the complexity of the process and the economic condition of the company in question, with the ceiling on the value of the purview of the first instance judicial courts. 3-When there is joinder of appeals or executions, the value is the corresponding to the sum of requests.»

Article 10 amendment to Decree-Law No. 269/98, of 28 August the articles 19 and 21 of the annex to Decree-Law No. 269/98, of 28 August, are replaced by the following:% quot% article 19 Document certifying payment of the fee of Justice in the absence of proof of payment document junction of Justice, is desentranhada its procedural part.

Article 21 Implementation founded in 1 order-execution established in application for a European order follows, mutatis mutandis, the form of common process. 2-the execution has as limits the amounts referred to in subparagraph (d)) of article 13. 3-Revert, in equal parts, to the creditor and to the Institute of financial management and of Infra-structures of Justice, i. p. interest accruing to the interest for late payment.»

42 article 11 amendment to Commercial registration code article 93 C of the commercial registry Code, approved by Decree-Law No. 403/86, December 3 is replaced by the following: ' article 93-C Registration is free and the registration costs of rectification is free, except in the case of inaccuracy from disability titles.»

Article 12 amendment to the land register Code articles 132 and 147-the land register code, approved by Decree-Law No. 224/84, of July 6 are replaced by the following:% quot% article 132-C Charge of registration the registration of the rectification is free, except in the case of inaccuracy from deficiency of the titles.

147-the value of the resource the resource value is the fact that litigation which registration was refused or made provisionally.»

43 article 13 amendment to law No. 115/99, of 3 August, article 4 of law No. 115/99 of August 3 is replaced by the following: ' article 4 [...]

1-The immigrant associations shall enjoy the following rights: a) [...]. b) […]. c) […]. d) […]. e) […]. f) qualify for exemption of stamp duty; g) […]. h) […]. i) […]. j) […]. 2 - […].»

Article 14 amendment to Decree-Law No. 75/2000, 9 may article 2 of Decree-Law No. 75/2000, 9 may, is replaced by the following: ' article 2 [...]

1-The immigrant associations shall enjoy the following rights: a) [...]; b) […]; c) […]; d) […]; 44 e) [...]; f) qualify for exemption of stamp duty; g) […]; h) […]; i) […]; j) […]. 2 - […].»

Article 15 amendment to Decree-Law No. 35781, August 5 1946 article 1 of Decree-Law No. 35781, August 5 1946, as amended by Decree-Law No. 193/97, of July 29 is replaced by the following: ' article 1 the Provident Fund of the Ministry of education, the establishment of which was approved by Presidential Decree No. 12 695 November 19, 1926, works with this Ministry and is intended to ensure, in the case of death of any of its members, an allowance, with character, to his heirs or the person or persons designated for this purpose by the partner under the terms of these statutes and their regulations as well as other forms of welfare or social solidarity actions. § 1.º […]. § 2.º […]. § 3 [Revoked].»

Article 16 amendment to Decree-Law No. 108/2006, of June 8 article 18 of Decree-Law No. 108/2006, of June 8, rectified by corrigendum No. 48/2006 of 7 August, is replaced by the following:% quot% article 18 45 [...]

1. The Justice rate is halved when the parties presenting the action in accordance with paragraph 1 of article 9 or use the option provided for in article 13 2. […].»

Article 17 fate of amounts charged by the courts 1-When will be charged amounts, by the courts, by virtue of the conviction in the payment of fines, 10% of your value reverts to the Institute of financial management and of Infra-structures of Justice, I. P. 2-the amounts that don't accrue in favour of the Institute of financial management and of Infra-structures of Justice , I. p. are deposited with the Directorate General of the Treasury, which will transfer the same to the accounts of the respective beneficiaries.

Article 18 adoption of the regulation of Costs is approved the Regulation of Costs, published in annex III, which forms an integral part of this decree-law.

CHAPTER III transitional provisions article 19 transitional provisions 1-Benefit, as an exception, the provisions of paragraph 2 of article 23 of the Regulation of Costs, the parties that, at any time or process state, unless you have already been given sentence in first instance: 46 a) agree; b) Quit the instance to use alternative dispute resolution tools. 2-the benefit granted in the preceding paragraph covers the agreements and the withdrawals that occurred between the entry into force of this decree-law and 31 December 2007.

Article 20 1-orders issued regulations No. 42/2004, of 14 January and no 1178-B/2000 of 15 December are reviewed within 30 days after the publication of this decree-law, taking into account the provisions of paragraph 6 of article 33 of the Regulation of Costs. 2-The Ordinances referred to in paragraph 5 of article 30, paragraph 3 of article 31, paragraph 6 of article 33 and article 40 of regulation Costs are approved within 30 days after the publication of this decree-law. 3-The Ordinances referred to in the previous paragraphs only produce effects as from 1 January 2008.

Article 21 transitional provisions 1-For the implementation of this decree-law, the Ministry of Justice is obliged to carry out the changes that are necessary for the adaptation of the computer system of the costs to the respective regulations. 2-For the implementation of this decree-law, the Ministry of Justice undertakes to promote, during the year 2007, a training plan for officials of Justice taking into account the changes to the system of the court costs and the corresponding computer system.

Article 22 47 unit of account the first annual update of the unit of account, currently set at 96€, provided for in paragraph 2 of article 5 of the Regulation of Costs is made in 2008, in accordance with the regulation of Costs.

Article 23 Preparation of the accounts the accounts of pending cases pending at 1 January 2008 are prepared by the central secretariat of the District Court where the proceedings took place.

CHAPTER IV final provisions article 24 Institute of financial management and of Infra-structures of Justice, i. p.

Until the entry into force of the organic law of the Office of financial management and of Infra-structures of Justice, i. p., references in this Ordinance to this organism are deemed to be made to the Office of financial and Patrimonial management of Justice.

Article 25 Standard set-1 Are repealed exemption of costs provided for in any law, regulation or Ordinance and assigned to any public or private entities, that are not provided for in this decree-law. 2-Are still revoked the following diplomas: a) Decree-Law No. 224-A/96, of 26 November, amended by law No. 59/98, of 25 August, law No. 45/2004, of 19 August and law No. 60/2005, of 30 December, and by Decree-Law No. 91/97, of 22 April, Decree-Law No. 304/99 of August 6 , Decree-Law No. 320-48 B/2000, of 15 December, Decree-Law No. 323/2001, of 17 December, Decree-Law No. 38/2003, 8 March and Decree-Law No. 323/2003, of 27 of December; b) Article 512.º of the Civil Procedure Code, approved by Decree-Law No. 44,129, of 28 December 1961, as amended by decree-laws Nos. 47690, of 11 May 1967, and 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July by decree-laws Nos. 261/75, of May 27, 165/76, March 1, 201/76, of 19 March, 366/76, of May 5, 605/76, of 24 July , 738/76, of 16 October, 368/77, September 3, and 533/77, of 30 December, by law No. 21/78, of 3 may, by decree-laws Nos. 513-X/79, of December 27, 207/80, of 1 July, 457/80, of 10 October, 400/82, of 23 September, 242/85, July 9 , 381-A/85, of 28 September, and 177/86, of 2 July, by law No. 31/86, of 29 August, by decree-laws Nos. 92/88, of March 17, 321-B/90 of 15 October, 211/91, of July 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15 February , 329-A/95 of 12 December, 180/96, of 25 September, 375-A/99, of 20 September, and 183/2000, 10 of August, by law No. 30-D/2000, of 20 December, by decree-laws No. 272/2001, of 13 October, and 323/2001, of 17 December, by Act No. 13/2002, of February 19 , and by Decree-Law No 38/2003, 8 March 199/2003, of 10 September, 324/2003, of December 27 and 53/2004, 18 March, and by law No. 6/2006 of 27 February and no. 14/2006 of 26 April; c) in subparagraphs (a) (c)) and e) of paragraph 1 and paragraph 3 of article 515.º, paragraph 2 of article 519.º and paragraph 2 of article 522.º of the code of criminal procedure, approved by Decree-Law No. 78/87, of 17 February, amended by law No. 17/87, of 1 June, by Decree-Law No. 387-E/87 , Dec 29, 212/89, of June 30, 17/91, of 10 January, 57/91 of 13 August, by law No. 57/91 of 13 August, by Decree-Law No. 423/91, of 30 October, 343/93, of 1 October and 317/95 of 28 November, by paragraphs 59/98, of 25 August , 3/99, of 13 January, 7/2000, may 27 and 30-E/2000, of 20 December, by Decree-Law No. 320-C/2000, of 15 December, by law No. 52/2003, 49 of August 22, by Decree-Law No. 324/2003, of December 27, by organic law No. 2/2004, of 12 May and by law No....; d) § 3 of article 1 of Decree-Law No. 3581, August 5 1946; and) articles 79 and 183 of the code of Notaries, approved by Decree-Law No. 207/95, of 14 August, as amended by decree-laws Nos. 40/96, of 7 may, 250/96, of 24 December, 257/96, of 20 September, 410/99, of October 15, 64-A/2000, of April 22, 237/2001 , August 30, 273/2001, of October 13, 322-A/2001, of 14 December, 2/2005, of 4 January and 76-A/2006, of 29 March; f) articles 5 and 6 of Decree-Law No. 212/89, of 30 June, amended by Decree-Law No. 323/2001, of 17 December; g) paragraph 11 of article 29 of Decree-Law No. 522/85 of 31 December; h) paragraph 3 of article 13 of Decree-Law No. 423/91, of 30 October; I) (g)) of article 1 of law No. 151/99, of 14 September; j) article 4 of Decree-Law No. 269/98, August 28, as amended by Decree-Law No 383/99, of September 23, 183/2000, of 10 August, 323/2001, of 17 December, 32/2003, of 17 February, 38/2003, 8 March, 324/2003, of December 27, 107/2005 of July 1 and 14/2006 , April 26 and article 20 of its annex; l) Article 127 of the Statute of the order of pharmacists, approved by Decree-Law No. 288/2001, of 10 November and amended by Decree-Law No. 134/2005 of 16 August; m) article 1 of Decree-Law No. 148/2000 of 19 July; n) Decree-Law No. 303/98, of 7 October; the) Decree-Law No. 36/2002, of 26 February; p) the ministerial order No. 810/2005, of 9 September.

Article 26 entry into force this law shall enter into force 30 days after the publication.

50 article 27 Application in time 1-the present Decree-Law shall take effect as from 1 January 2008. 2-amendments to the laws of procedure and the new regulation of Costs apply only to processes started from 1 January 2008, except as provided in the following paragraphs. 3-even if that process is pending, changes to the laws of process and the new regulation of Costs shall apply immediately to joined cases that have beginning after 1 January 2008. 4-applies to cases pending articles 446.º, 446.º-A, 447.º-B, 451.º and 455.º of the code of Civil procedure. 5-shall apply to proceedings pending before the article 521.º of the code of criminal procedure. 6-shall apply to proceedings pending before the articles 9, 10, 16 to 24, 27, 28 and 33 to 40 of regulation Costs. 7-the mechanism provided for in article 22 of the Regulation of Costs, in relation to cases pending, does not apply when the party has already benefited or will benefit from the provisions of articles 14 and 15 of the code of legal costs.

Seen and approved by the Council of Ministers of the Prime Minister, the Minister of Justice 51 annex I (referred to in article 4) is reprinted the chapter VII of title I of Book III of the code of Civil procedure: CHAPTER VII of costs, fines and compensation Expense section I – General principles Article 446.º General Rule 1-costs the decision to judge the action or any of its resources or condemn incidents at the expense the part that to them there is given or, in the absence of maturity of the action, who the lawsuit took advantage. 2-means giving cause at the expense of the process: a) the unsuccessful party, in proportion as it is, except as provided in subparagraphs (a) following; (b)) the author, and may resort to alternative dispute resolution structures, opt for recourse to legal proceedings, unless the other party has rejected or demonstrated so express your opposition to the alternative dispute resolution; c) the defendant who has rejected or demonstrated so manifest to your opposition to the use of alternative dispute resolution structures referred to in the preceding paragraph. 3-the provisions of article 450.º shall not apply to cases specified by paragraph 1 (b)) and c) of the preceding paragraph. 4-in the case of conviction for solidarity, solidarity obligation extends to expense. 5-The alternative dispute resolution structures referred to in paragraph 1 (b)) and c) of paragraph 2 are set out in Government's concierge is responsible for the area of Justice.

SECTION II Special Rules Article 52 446.º-the rules on joinder and 1-Coalition Having been overcome, in its entirety, several authors or multiple defendants litisconsortes, these answer the expense in equal parts. 2-in the case of a transaction of litisconsortes, those who transigirem will benefit from a 50% reduction in the amount of costs. 3-When the maturity of some of the consorts is only partial, responsibility for costs should take such circumstances into account, under the conditions laid down in the Regulation of Costs. 4-When there is coalition of authors or defendants, responsibility for costs is determined individually under the general terms set out in paragraph 2 of article 446.º Article 447.º Costs 1-The costs covering the justice rate and fees and charges. 2-the justice rate corresponds to the amount due for each intervener and procedural impulse is set depending on the value and complexity of the case, in accordance with the regulation of Costs. 3-Are the costs all expenses resulting from the process driving the same, required by the parties or ordered by the judge of the cause. 4-the costs of part understand what each part there is spent with the process and have the right to be compensated under the condemnation of the opposing party.

Article 447.º the rate of 1 Justice-Justice rate is paid only by demande as author or defendant, judgment creditor or executed, applicant or defendant and appellant. 53 2-in the case of counterclaims or main intervention, shall be due only when the rate of supplementary justice reconvinte deduce an order distinct from the author. 3-the application not considered distinct, namely, when the part you want to achieve in your benefit, the same legal effect as the author proposes to get or when the part you want to obtain the compensation claims. 4-going on joinder, the consort to figure as part first on writ of summons, counterclaim or petition shall be liable to payment of the total rate of Justice, safeguarding the right of return on the litisconsortes. 5-in the case of a coalition, each author, reconvinte, operator or applicant is responsible for the payment of the respective fee of Justice, being the value of the fixed in term of regulation of Costs. 6-in the actions proposed for commercial companies which have entered in any court, in the previous year, 200 or more shares, procedures or executions, the justice shall be double compared to the reference value, regulation of Costs. 7-for the purposes of sentencing the justice rate payment, consider of particular complexity actions: a) concern issues of high specialization for technical or legal matter combined analysis of legal issues of scope very diverse; and b) involve the hearing of a large number of witnesses, evidence analysis extremely complex or several steps of production proves lengthy.

Article 447.º-B exceptional penalty Fee By reasoned decision of the judge, and in exceptional cases, can be applied a penalty rate, resource requirements, complaints, requests for correction, clarification or reform when these, being considered manifestly unfounded:) Are a result of lack of care or diligence in part, not aimed at discussing the merits of the case and are merely dilatory; or 54 (b)) in order to also discuss the merits of the case, to be manifestly unfounded pursuant to settled case-law and consolidated and resulting exclusively from the lack of diligence and prudence on the part.

Article 447.º-C Charges 1-except as provided in the law governing legal aid, each Party shall pay the charges that have given rise and that if they are producing in the process. 2-the costs are the responsibility of the party requesting the stage or, if any of its own motion, the part that takes advantage of the same. 3-When all parties have the same interest in diligence or construction expense, take advantage of those similarly or not be able to determine who is the interested party, are the costs apportioned equally between the parties. 4-are exclusively borne by the applicant for the costs of the acquisition of magnetic media necessary for the recording of evidence. 5-are exclusively borne by the applicant, regardless of winning or the conviction in expense, charges with diligence clearly unnecessary and dilatory nature; the application of this standard depends always of the judge's determination.

Article 447.º-(D) the expense of Part 1-the costs of the successful party shall be borne by the losing party in proportion to the decay and your under regulation of the Costs. 2-Understand the expense of part, inter alia, the following expenses: a) the rates of pay justice; b) actually costs borne by the party; c) remuneration paid to the enforcement agent and the expenses for this; d) fees of the representative and the cost for this. 55 3-the amounts referred to in the preceding paragraph are subject to discriminative note and background, in which should be included in all essential elements relating to the process and the parties.

Article 448 and pursuing Acts do not enter the general rule of costs 1-the responsibility of the won as regards the expense does not include acts and incidents, no superfluous steps and actions that any repeat because of a judicial officer, nor the expenditure that goes about the postponement of the judicial act by unjustified lack of person who should attend. 2-Must-if it considers superfluous and unnecessary incidents acts for the Declaration or defense of the law; the costs of these actions are to the account of those who have requested. The expense of the other acts referred to in paragraph 1 shall be paid by the employee or by the person. 3-the employee who goes about the annulment of acts of the process responsible for the prejudice resulting from the annulment, under the conditions laid down by the regime of the non-contractual liability of the State.

Article author's Liability for costs – 449 1-when the defendant has not given cause for action and no doubt, are the costs paid by the author. 2-means that the defendant gave no cause for action. the) When the author proposes to exercise a mere potestativo law, which does not have origin in any illicit fact practiced by the defendant and there has been no opposition by the defendant in respect of the exercise of the right; (b)) When the obligation of the defendant only if you win with the summons or after the action proposal; c) When the author with a title with enforceable, to the evident process of Declaration; 56 d) When the author, and may propose declarative action special for pecuniary obligations, appeal the order process or other similar purposes provided for by law, opt for using the process of Declaration; and) when the author, which may soon turn the review feature, use without need for declaration process. 3-even though the author proposes to exercise a mere potestativo law, the costs are paid by the defendant, when is this protection the purpose of the action.

450.º apportionment of costs article 1-When the demand of the plaintiff or applicant or defendant or defendant's opposition were founded at the time were instituted or deducted and no longer be consequential to these circumstances not attributable, the costs are allocated between those in equal parts; 2-there was a change of circumstances not attributable to the parties when: a) the claim of the author or defendant or defendant's opposition or applicant if there are founded in law however changed or revoked; b) When there is a reversal of settled case-law on which there is the intention of the author or founded applicant or defendant or defendant's opposition; c) When, in the course of the procedure, the prescription or amnesty; d) When, in the process of implementation, the heritage that would serve to guarantee to creditors if you have dissipated by fact not attributable to run; e) in the case of action aimed at satisfaction of pecuniary obligations and will occur the Declaration of bankruptcy of the defendant or executed, provided that, at the date of the filing of the action was predictable for the author such bankruptcy. 3-in all other cases of extinction of instance for impossibility or adjudicate the deal, responsibility for costs to be charged to the author or applicant, unless such impossibility or uselessness is imputable to the defendant or respondent, in which case this will be responsible for all costs. 4-considered, inter alia, that is attributable to the defendant or respondent to adjudicate the deal when this involves voluntary satisfaction, on its part, 57 of the claim of the author or applicant, outside the cases referred to in paragraph 2 of the preceding article and unless, in case of agreement, the parties agree the apportionment of costs.

Article 451.º Expense in case of confession, waiver or transaction 1-when the cause is finished by forfeit or confession, the costs are paid by the party to give up or confess; and, if the waiver or confession is partial, the responsibility for costs is proportional to the part that if you quit or confessed. 2-in the case of transaction, the costs are payable, unless otherwise agreed, but when the transaction is done between a part exempt or excused from payment of costs and other non-exempt or excused, the judge, after hearing the public prosecutor, will determine the proportion in which the costs shall be paid.

Article 452.º Expense payable subsidiary intervention and assistance 1-one whose intervention is accepted and assume the quality of Assistant will be responsible if the assisted decay, for payment of costs as defined in the Regulation of Costs. 2-in cases of intervention of the public prosecutor, are only payable expense when this does not benefit from a special exemption for the possible intervention as main part in controversial issue identical.

Article 453.º the expense of precautionary procedures, of the incidents and the notifications 1-the rate of precautionary procedures and justice of the incidents is paid only by the applicant, unattended, the end, in its action; going on opposition, the value to meet the main action is calculated twice. 2-the justice rate in the process of production of proof shall be paid by the applicant in advance and served in the action that is proposed in the meantime. 3-the rate of Justice separate notifications shall be paid by the applicant. 58 Article 454.º payment of fees by 1 expense-The judicial representatives and technicians of the successful party may require that your credit for fees, expenses and advances is wholly or partly satisfied by the expense that your constituency is entitled to receive from the losing party.

Article 455.º payment of costs the costs of implementation, including the fees and expenses incurred by the enforcement agent, joined cases and their declarative action leave meet essential needs of the product of the seized property.

SECTION III fines and compensation Article 456.º Liability in the case of bad faith – notion of bad faith-1 Having litigated in bad faith, the part will be sentenced to a fine and a compensation to the other party, if you're asking. 2-it's a litigator in bad faith who, with intent or gross negligence: a) Has less claim or opposition whose lack of grounds shouldn't ignore; b) have changed the truth of the facts or omitted facts relevant to the decision of the cause; c) Have practiced severe duty omission of cooperation; d) Have done the process or procedural means a use clearly reprehensible, in order to achieve an illegal objective, preventing the discovery of truth, numb or delay Justice action, without serious grounds, the traffic in the decision. 59 3-regardless of the value of the cause and the defeat is always admitted feature, in a degree, the decision to condemn for vexatious litigation.

Article 1-457.º contents of compensation compensation can consist of: a) The reimbursement of expenses that the bad faith of the litigant has obliged to the opposing party, including the fees of the representatives or technicians; (b) The reimbursement of these expenses) and the satisfaction of other damage suffered by the other party as a consequence directly or indirectly of bad faith; The judge will choose by the judge more appropriate compensation that the litigant's conduct in bad faith, securing it always in right amount. 2-if there are no elements to settle soon in the sentence the importance of compensation, the parties are to be heard and will be then with prudent choice, which seem reasonable, and may reduce the righteous limits the amounts of the fees and expenses part. 3-The fee is paid directly to the representative, unless the part show that your patron is already pocketed.

Article 458.º Liability of the representative of incapables, legal persons or companies When the part is incapable, a legal person or a company, the responsibility of costs of the fine and of compensation rests on the your representative to be in bad faith.

Article 459.º liability of the agent When it is recognised that the authorized representative of the party had direct personal responsibility and in the acts by which turned out to be the bad faith in the cause, shall be aware of the fact that to the bar association or the Chamber of bailiffs, so that they can apply the respective sanctions and condemn the 60 representative in the share of costs, fines and compensation to which they seem fair.

61 ANNEX II (referred to in article 7) is republished the book XI of the criminal procedure code: Book XI of responsibility for Expense 513.º the accused's Responsibility Article by expense 1-only room to pay the fee when sentencing occurs in first instance and total decay in any resource. 2-by the judgment in first instance, when the accused is assisted by public defender, is only appropriate when there is justice conviction rate a fine, conviction in private or not penalty on probation. 3-the defendant is convicted in a single justice, still rate that answer for various crimes, provided they are judged in one process. 4-the conviction rate of Justice is always individual and the respective amount is set by the judge, the end, under the conditions laid down in the Regulation of Costs.

Article 514.º liability of the defendant for 1-charges unless there is legal aid, the defendant convicted is liable for payment, the final, of charges that your activity there is given way. 2-If the defendants are several condemned in justice rate and it is not possible to individualize responsibility for each one of them by the charges, this is solidarity when the charges result from a common and joint activity in other cases, unless another criterion is expressed in the decision. 3-If the wizard is also sentenced to pay rate of Justice, responsibility for costs that cannot be attributed to the simple activity of one or the other is spread over both equally. 62 Article 515.º Liability for costs 1-Wizard is due justice rate by the wizard in the following cases: a) If the defendant is acquitted or cannot be pronounced for all or for some crimes listed in the indictment that there is deducted; b) decay, in whole or in part, on appeal there is brought or who has made opposition; c) [Repealed]; d) If you do finish the process by forfeit or unjustified abstention to acknowledge; e) [Repealed]; f) if it is rejected in whole or in part, any charge deducted. 2-going on various wizards, each pays the corresponding fee. 3-the justice rate shall be fixed in accordance with regulation of the Costs.

Article 516.º archiving or suspension is not due process of Justice fee when the process has been terminated or suspended pursuant to articles 280 and 282 Article 517.º Cases of exemption of the wizard the wizard is exempt from the payment of Justice in rate cases: a) in which, for reasons which the charge that there is less or you have resigned and are not attributable , the defendant is not pronounced or is acquitted; or b) of paragraph 3 of article 63 Article 287.º 518.º Responsibility of the wizard for charges When the procedure depend on private prosecutor, the Assistant convicted in fee paid also charges that your activity has given way.

Article 519.º Rate due by the Constitution of 1 Assistant-Assistant's Constitution gives way to justice, in accordance with the rate laid down in the regulation of Costs. 2-[Repealed]. 3-in the case of death or incapacity of the wizard, the payment of the fee already carried out takes advantage of those who perform in your place, in order to continue the assistance.

Article 520.º the responsibility of the complainant Paid the complainant costs too, when you show who denounced in bad faith or with gross negligence.

Article 521.º special rules 1-the practice of any acts in criminal proceedings shall apply the provisions of the code of Civil procedure when the conviction to pay penalty rate. 2-in the case of acts committed by someone who is not criminal procedural and subject are concerned conduct that entorpeçam progress or involve the substantial time and resources available, can the judge order the person concerned to pay a fixed rate between UC and UC 5 1 64 Article 522.º 1-Exemptions the Prosecutor is free of costs. 2-[Repealed].

Article 523.º Expense in civil liability claim for costs relating to the application for civil compensation shall apply the rules of civil procedure.

Article 524.º Provisions shall apply subsidiarily's subsidiaries in the Regulation of Costs.

65 ANNEX III (referred to in article 19A) REGULATION of COSTS title I General provisions article 1 General rules 1-all processes are subject to charges, under the conditions laid down by this regulation. 2-by means, inter alia, actions, incidents, precautionary procedures and resources.

Article 2 scope this Regulation shall apply to proceedings in the Constitutional Court, judicial courts and administrative and fiscal courts.

TITLE II Costs article 3 concept of Expense 1-The costs covering the justice rate, fees and charges. 2-the fines are always laid down autonomously and follow the scheme of this regulation.

Article 4 Exemptions 1-66 Are free of expense: a) the prosecution in cases in which acts in his own name in defending the rights and interests that are entrusted to him by law, even when acts as part and accessory in the executions by costs and procedural fines, fines or criminal fines; b) any person, association or Foundation when exercising the right of popular action pursuant to paragraph 3 of article 52 of the Constitution of the Portuguese Republic, and of ordinary legislation providing for or permitting the exercise of popular action; c) magistrates and the vowels of the Superior Council of the judiciary other than judges in any shares in which are part by the performance of his duties, including a member of the High Council of the judiciary and judicial inspector; d) members of the Government, the Directors-General, the General Secretaries, inspectors general and treated as such for all legal purposes and the other officers and employees, agents and employees of the State, as well as those in charge of the mission referred to in article 28 of law No. 4/2004, 15 of January, whatever the form of the process, when personally demanded by virtue of the exercise of their functions; and) political parties, whose benefits are suspended; f) The private non-profit legal persons, when acting solely in the context of its special assignments or to protect the interests which they are specially conferred by statute or pursuant to legislation applicable to them; g) employees or family members, in terms of labour law, when they are represented by the Prosecutor or by the legal services of the Union, when they are free of charge to the employee, since the respective gross income at the date of the proposition of the action or incident or, when applicable, on the date of dismissal, no more than 200 UC, since that may have previously appealed unsuccessfully to a structure of alternative dispute resolution; 67 h) minors or their legal representatives, in appeals concerning the application, amendment or termination of tutelary measures, applied in cases of minor jurisdiction; I) the defendants detained, subjected to pre-trial detention or the fulfillment of actual imprisonment, when have the right to be assisted by lawyer in accordance with the law of access to the law and the courts, in any applications or oppositions, in habeas corpus and in actions brought in first instance, since the situation of arrest or detention is maintained upon due payment; j) The incapable, missing and uncertain when represented by Prosecutor or public defender, even though the processes arising in the Civil Registration Office; l) the plaintiff and the defendant respondent, in the civil claim for damages filed in criminal proceedings, when its value is less than the 10 UC; m) the Automobile guarantee fund, in the exercise of the right of subrogation provided for in the legal regime of compulsory insurance of civil liability; n) the municipalities, when the judicial declaration of cancellation being proposed envisaged in the legal system of conversion of urban areas of illegal Genesis in place of the Public Ministry; the) the operator and the plaintiffs, when have to deduct credits claim with the tax foreclosure and have already paid the fee of Justice in civil enforcement proceedings concerning the same claims; p) civil or commercial companies, cooperatives and limited liability individual establishments that are insolvent or in the process of business recovery, pursuant to law, except in the case of actions relating to disputes relating to employment law. 2-are also exempt: a) the processes that need to run on the Constitutional Court, subject to the exceptions provided for in article 84 of the law of the Constitutional Court as well as these incidents raised; (b)) The compulsory remições; 68 c) urgent administrative procedures relating to the election of pre-litigation elections to organs of sovereignty and regional or local authorities and to the subpoena for the protection of rights, freedoms and guarantees; d) all processes which must run in the Court of execution of sentences, when the inmate has the right to be assisted by lawyer in accordance with the law of access to the law and the courts; and settlement processes and) shares of social security institutions and unions and class. 3-in the cases referred to in (c)) and d) of paragraph 1, the part is free thanks to the payment of costs when it concludes that the acts were not carried out due to the performance of his duties or when has acted intentionally. 4-in the case referred to in point p) of paragraph 1, the free part is responsible for the payment of costs, in general terms, in all actions within the framework of which benefited from the exemption if you have lodged an application for insolvency proceedings, withdrawal of the request occurs when insolvency proceedings or be given a sentence of dismissal of insolvency. 5-in the cases referred to in paragraph 1 (b)), f), (g)), n) and o) of paragraph 1 and in paragraph (c)) of paragraph 2, the free part is responsible, the end, by charges that gave rise to the proceedings, when their claim is totally won. 6-The alternative dispute resolution structures referred to in subparagraph (g)) of paragraph 1 are set out in Government's concierge is responsible for the area of Justice, maintaining in any case the exemption when the opposing party have rejected or demonstrated so express your opposition to alternative dispute resolution.

Chapter I section I Justice Fixation rate of Justice 69 article 5 1 currency unit-the rate of Justice is expressed using the procedural account unit (UC). 2-the UC is updated annually and automatically according to the social support index (IAS) and shall take into account, to this end, the UC value on the previous year. 3-the value corresponding to the UC to each process, whether action, implementation, incident or attached, fixed at the time that it starts, regardless of the time that the fee should be paid.

Article 6 General rules 1-the justice rate corresponds to the amount owed by the person concerned and procedural impulse is set depending on the value and complexity of the case in accordance with the IA, published in annex to the present Regulation and which is an integral part. 2 us resources, the rate is always fixed in accordance with table I-B, published in annex to the present Regulation and which is an integral part. 3-When the part delivered the first or single piece of procedure through the electronic means available, the rate of Justice is reduced to 75% of your value. 4-the judge may determine, the end, the application of the values of justice contained in the rate table II-C, published in annex to the present Regulation and which is an integral part, to the actions and resources that reveal special complexity. 5-in cases whose rate is variable, the justice rate is settled in your minimum amount, and the part to pay the surplus, if any, the end.

Article 7 special rules 1-the rate of Justice in special processes fixed in accordance with table I, except for those cases expressly referred to in the table II, both published in annex to this regulation and forming an integral part thereof. 70 2 us resources, the justice shall be in accordance with table I-B and is paid only by the applicant, being the fee charged, the end, the defendant or aggravation that has contra-alegado, when this has been unsuccessful, in whole or in part in proportion. 3-the justice rate due by incidents and protective procedures for the submission of application for injunction and deduction of opposition, by abnormal procedures and executions is determined in accordance with table II. 4-order processes, if the following procedure as action, is because the payment of fee, within 10 days from the date of the distribution, under the general terms of this regulation, given on account of the amounts paid pursuant to the preceding paragraph. 5-When the incident or procedure are particular complexity, the judge may determine, the final payment of a higher value, within the limits set out in table II. 6-Consider procedures or abnormal incidents only those who, not being in the normal course of the process, can be articulated or stand-alone application based in, giving rise to the hearing of the opposing party and impose a judicial assessment of merit.

Article 8 rate of Justice in criminal and administrative process 1-the justice rate due by the Constitution as an Assistant is self settled in the amount of 1, and can be corrected, the end, the judge, to a value between 1 and 10 UC UC, taking into account the outcome of the procedure and the procedural activity of concrete Assistant. 2-the rate of Justice due the opening of instruction required by the wizard is self settled in the amount of 1, and can be corrected, the end, by the judge to a value between 1 and 10 UC UC, taking into consideration the practical utility of education in overall processing process. 3-To the whistleblower who should pay the expense, pursuant to article 520.º of the code of criminal procedure, shall be fixed by the judge a value between 3 and 10 UC UC. 4-Only rate is due justice for judicial review of decisions of administrative authorities in the contra-ordenacionais proceedings, when the fine not 71 has been previously settled, being the self rate paid in the amount of 1, and can be corrected, the end, the judge, in accordance with table III, published in annex to the present Regulation and which is an integral part taking into consideration the seriousness of the unlawful. 5-in all other cases, the fee is paid the final justice, being fixed by the Court in view of the complexity of the case, within the limits laid down in table III.

Article 9 rate of Justice in cases of Constitutional Court-1 regardless of the value of the question, the rate of Justice to liquidate non-exempt processes which must run on the Constitutional Court meets the following criteria: a) in resources provided for in paragraph 2 of article 84 of the law of the Constitutional Court, the justice shall be between 10 and 50 UC UC; b) in the cases provided for in article 78 of the Law of the Constitutional Court, the justice shall be between 5 and 15 UC UC; c) in the cases provided for in paragraph 3 of article 84 of the law of the Constitutional Court, justice is fixed rate between 5 and 25 UC UC; d) In claims, including the summary decisions, in the arguições of invalidity and the requests for clarification or reform decisions, the justice shall be between 10 and 40 UC UC; and incidents, there Us) including those determined by the rapporteur, justice is set between 2 and 20 UC UC. 2-In case of active or passive plurality of subject of procedure, each party is responsible for the corresponding rate of Justice, since submitting pleadings. 3-In case of withdrawal of the appeal or complaint, justice is reduced to half the value that would be the end. 4-the justice rate shall be fixed taking into account the complexity and the nature of the supervisory process, the relevance of the interests involved and the activity developed by the won during the same process. 72 5-When, having conviction in expense, be omitted the establishment of Justice, this fixed rate is as follows: the maximum permissible value, subtract the minimum value, fixing the rate in half the result obtained. 6-in the cases provided for in subparagraph (e)) of paragraph 1, the rate of fixed justice in twice the minimum value when omitted the fixing thereof at the time of conviction. 7-In exceptional cases, the rate may be reduced to 2 UC.

Article 10 establishment of fees for the doubtful acts 1-Except when they are carried out by enforcement agent who is not a bailiff, for each service through personal contact, posting of notices or other single stage, in addition to the legally established transport costs, is owed half of a UC. 2-citations, notifications or postings of notices, when practiced in the same location, count as one. 3-the fees for issuing birth certificates, transfers, copies or extracts are laid down as follows: (a)) Until 25 pages, the unit value is one-fifth of a UC; b) Of 26 to 100 pages, the unit value is half of a UC; c) above 100 pages, the value referred to in the preceding paragraph is added a fifth of UC for each set of 50 pages or one-tenth of UC for each set of 25 pages, as the case may be. 4-does not apply to rates of Justice provided for in this article the article 23 5-for cases that are not provided for in this regulation, is not due to the payment of any fee.

Article 11 exceptional penalty sanctioning fee Rate is fixed by the Court between UC and UC 15 2.

73 SECTION II setting the tax base article 12 as a general rule the taxable amount for the purposes of Justice rate corresponds to the value of the claim, with the arrangements listed in table I, and fixed in accordance with the procedures laid down in the law of the respective process.

Article 13 fixing the value in special cases 1-Answer to the value shown in table 1 of table I-B in the following processes: a) on the procedures for judicial review of the decision on the grant of legal aid; (b)) in the subpoenas for information provision, consultation processes or passage of certificates; c) litigation processes of social security institutions or social security and Trade Union bodies, the procedures for convening the General Assembly or its equivalent, in proceedings for revocation of their deliberations and the complaints of disciplinary decisions; d) for resources of conservatives, notaries and other officials; e) whenever it is impossible to determine the value of the claim, without prejudice to later adjustments if the judge were to fix a value; f) in cases whose value is set by the judge of the cause using indeterminate criteria and is not a fixed value, without prejudice to later adjustments when it is definitely set the value. 2 us features, the value is right when it is determinable and should the applicant indicate the respective value on request for appeals.

74 SECTION III Responsibility and payment article 14 Responsible liabilities 1-the justice rate shall be paid under the conditions laid down in the code of Civil procedure, by applying the respective norms, in the alternative, to criminal prosecutions and administrative and fiscal contra-ordenacionais, and the processes which must run in the Constitutional Court. 2-the rate of Justice is paid in full and at once by each party or subject of procedure, unless otherwise arising out of the legal aid legislation. 3-in the actions proposed for commercial companies which have entered in any court, in the previous year, to 200 or more shares, procedures or executions, justice is fixed rate, to society, according to table II-C. 4-the volume of disputes referred to in the preceding paragraph is corresponding to the number of actions, procedures or executions until entries 31 December of the year preceding the respect to the new process. 5-where the taxpayer is a commercial society, the officer shall confirm, by searching on the computer system, if applicable the provisions of paragraph 3, if not considering paid the fee in the event of non-compliance of the taxpayer. 6-the justice rate shall be in accordance with table I-B: a) the related parties; b) the intervener to do their part hinged join; c) assistants in civil, administrative and tax process.

75 article 15 payment Opportunity 1-the payment of the fee does justice to the time of the Act of procedure to her subject, and the person delivering the document proving the payment along with the pleading or motion. 2-in the case of cause not import the Constitution of representative and the Act is practiced directly by the party, is only due after notification of payment stating the period of 10 days for payment and the cominações to which the part is subject if it fails to perform. 3-the payment document loses validity 90 days after its issue, if it has not been, however, presented in court, in which case the person concerned must apply to the Office of financial management and of Infra-structures of Justice, i. p. issuing new voucher when you wish to still submit it. 4-If the person concerned does not wish to have to present the evidence in court, should apply to the Office of financial management and of Infra-structures of Justice, i. p., within 6 months, your return, upon delivery of the original document or of equal value, reverting to the Institute.

Article 16 exemption from prior payment be exempted from the prior payment of Justice: a) the State, including their offices even though customized, the autonomous regions and local authorities, when demand or are defendants in administrative courts or Tributaries, except as regards pre-contractual and contractual administrative concerning labour relations with employees, agents, and employees of the State; (b)) the parties receiving legal aid in its mode, under the conditions laid down in special legislation. c) the defendants in criminal cases or in habeas corpus and features that present in any courts; d) processes which must run in the Constitutional Court. 76 CHAPTER II article 17 types of Charges 1-charges costs comprise the following types of charges: a) reimbursements to the Institute of financial management and of Infra-structures of Justice, i. p.; I) all expenses for this paid in advance; II) costs with the granting of legal aid, including the payment of fees; III) costs with the acquisition of magnetic media necessary for the recording of evidence; IV) costs, postage, telephone, Telegraph, by fax or by telematic means; b) reimbursements for expenses advanced by the Directorate-General of taxes; c) demarches made by the security forces, of its own motion or at the request of the parties; d) payments due or paid to any entities for production or delivery of documents, services or similar acts ordered by the judge at the request or on their own initiative, except in the case of certificates drawn automatically by the Court; e) compensation due to witnesses; f) payments due to any entities through the certificates required by procedural law, when the responsible party is eligible for legal aid; g) expenditure arising from the use of public deposits; h) The remunerations due to who intervened in the process accidentally; I) transport expenses and allowances for due diligence for the procedure concerned. 2-the values charged under the preceding paragraph shall accrue immediately in favour of entities that they are entitled to. 77 article 18 fixed Remuneration 1-the entities involved in the processes or coadjuvem in any representations, unless the technicians to assist lawyers, are entitled to the remuneration provided for in this regulation. 2-the remuneration of experts, translators, interpreters and technical consultants, in any process is carried out in accordance with the provisions of table IV, published in annex to the present Regulation and which is an integral part. 3-when the rate is variable, the remuneration is fixed in one of the following ways, taking into consideration the type of service, the uses of the market and an indication of the parties: a) remuneration in function of the service or absence; b) Remuneration as a function of the fraction or number of pages of opinion, expertise or translation. 4-except where the amount due to witnesses in any proceedings shall be in accordance with table IV. 5-in the medical inspection, the doctors and their assistants are paid by each test under the conditions laid down in its own diploma. 6-compensation services provided by institutions in accordance with the provisions of article 861.º – the code of Civil procedure to the following: a) A fifth of UC when being seized bank account balances or existing securities in the name of the run; b) one-tenth of UC when there are no balances or values in the name of the run. 7-the remuneration provided for in the preceding paragraph is halved when electronic means are not used between the enforcement agent and the institution.

Article 19 1-transport Expenditures in the due diligence conducted out of Court are paid to judges and staff travel costs, if it is not placed at your disposal a means of transport. 78 2-means of transport to be used are determined by the Judge President of the section, in the case of a magistrate, or by the Secretary of Justice, in the case of an employee, with preference for public transport. 3-If the magistrates or officials use, in exceptional cases, own vehicle, are compensated under the general terms provided for by law. 4-expenditure referred to in this article shall be recorded as charges and charged to the party who requested the investigation.

Article 20 Advance 1-charges when the benefit of exemption from costs or legal aid, the charges are always early by the Institute of financial management and of Infra-structures of Justice, I. P. 2-motivated expenditure for the provision of technical instruments of support to the courts, by the Directorate-General for Social rehabilitation, when they cannot be paid by the applicant logo , are the Institute of advanced financial management and of Infra-structures of Justice, i. p., even when there is a dismissal.

Article 21 1-prepayment as predictable the need to pay charges equal to or greater than two UC, with regard to the arrangements provided for or required, the requesting party or interested is notified to pay the respective amounts before carried out démarches, unless that benefit from exemption from costs or legal aid. 2-When the requesting party or interested benefit from exemption from costs or expenses for legal aid with early third by the Institute of financial management and of Infra-structures of Justice, i. p. 3-If the payment to third parties entities is in advance by the Institute of financial management and of Infra-structures of Justice, i. p., and the requesting party or interested do not benefit from exemption from costs or legal aid , is the same notified to pay the amounts owed. 79 4-credit derivatives holders of procedural acts can claim them the part that should satisfy them without waiting for the process to finish, regardless of the subsequent decision to expense. 5-the amounts paid in accordance with this standard count as expenses of the prevailing party if this to liquidate them.

Article 22 interim Payments outside the cases referred to in the preceding paragraph, the charges are numbered automatically by the Secretariat as soon as your cumulative amount reaches a value equal to or greater than four UC, being the responsible party by themselves, provided they do not benefit from exemption from costs or legal aid notified to proceed to payment.

Article 23 Conversion of Justice 1-pay The amounts due in respect of Justice, when paid in advance, are converted into advance payment of charges, in accordance with the following paragraphs. 2-is converted the value paid in full by way of Justice in the following cases: a) in civil procedure simplified, special actions for satisfaction of pecuniary obligations, declarative actions from injunction or similar; b) In actions in which the parties carry out transaction immediately after the phase of the pleadings or designated day for the hearing, as the case may be; (c)) in the actions in the withdrawal of the instance immediately after the phase of the pleadings or designated day for the hearing, as the case may be, pursuant to the prevailing feature of ADR processes; d) cease Executions by voluntary payment within the time limit for opposition to the execution or within the time limit for opposition to attachment when it is held before the quotation; 80 and) In tax processes, as regards the fee paid by the company in question, in case of cancellation in the period after partial revocation tax act in question; f) in cases of voluntary jurisdiction in family law matters; g) with resources that get deferred rise rising disinterest or abandonment of the applicant; h) when resources have not been together counter-claims when the applicant see accepted your claim. 3-is converted half of the amount paid by way of Justice in the following cases: a) In actions that do not behave quote from defendant, opposition or audience of trial; (b)) in the actions that end before offered the opposition or that, due to your absence, be given sentence, although preceded by argument and action to finish before the name of the final hearing; (c)) in the actions to be taken by parties procedural simplification measures specifically provided for by law; d) In extinct after the executions the steps that precede the attachment without pay or display goods to attachment; and) inventories in that there is no sharing or operations to finish before the phase of stakeholder conference; f) Permits or confirmations of unable to alienate or encumber, the missing goods, common thing, divisions of benefits-accounts and similar processed in dependence on inefficient processes, when there is no representation of the public prosecutor; g) deposits and withdrawals; h) Redemption, expiry and update; I) disability or pension Revisions; j) actions for the convening of general meetings or equivalent bodies and challenge of its deliberations and decisions on disciplinary complaints associated with pension institutions or trade union bodies; l) on the resources judged deserts or when finish before the trial stage; m) in assets that climb along with criminal resource; 81 n) special administrative actions in that there is no place the public hearing, the mass suspended processes) under the conditions laid down in the code of procedure in administrative courts; p) in the processes of pre-contractual litigation; q) in conflicts of competence; r) In foreclosures that are within the jurisdiction of the tax courts of first instance, in accordance with the code of tax proceedings and processes. 4-is still converted a third of the amount paid in respect of Justice, when the part delivered in court all procedural documents by electronic means available, without prejudice to the provisions of paragraph 3 of article 5 5-the converted value that exceeds the amounts already assessed in respect of charges, remains in the account of credit costs, being returned to the part that the provided After the transit in tried and settled all their debts to the process, if not however intended for the payment of fees or costs. 6-the excess amount referred to in the preceding paragraph, the case should be returned to the winner, is always deducted from the amount of the expense of part to be borne by the losing party. 7-When there is exemption from prior payment, the part is only obliged to pay: a) The amounts due in respect of charges, in the case of the cases referred to in paragraph 2; (b)) The amounts due in respect of accrued charges of 50% of the amount due by Justice, in the case of the cases referred to in paragraph 3. 8-reimbursements due under this article shall be made by the Institute of financial management and of Infra-structures of Justice, i. p. 9-by order of the Member of Government responsible for the area of Justice, can be referred to alternative mechanisms of implementation of benefits or imposition of sanctions relating to costs, as regards the use of electronic means and the use of alternative dispute resolution tools.

82 article 24 non-payment if they are not paid the charge under the conditions laid down in paragraphs 1 and 3 of article 21 and article 22, outstanding values are allocated to the account of the party liable to pay costs, plus an amount equivalent to 25% of the amount due.

Article 25 Allocation on account of costs 1-charges are always debited to the account of the expense of the party who is responsible for them, even though this benefit from legal aid. 2-at the end, the costs are charged to the account of the expense of the party or parties that were in them, in proportion to the conviction.

CHAPTER III article 26 Part expense statement 1-up to five days after the transit or after notification that was obtained the entire proceeds from the seizure, as appropriate, the parties entitled to costs of part refer to the Court and to the losing party its note discriminative and justification. 2-must bear the statement: a) an indication of the proportion, of the process and of the representative or agent; b) Indication, in rubric, the amounts actually paid by piece rate basis; c) Indication, in rubric, the amounts actually paid by the party in respect of charges or expenses previously incurred by the enforcement agent; 83 (d)), in the heading, the amounts paid by way of fees from authorized representative or agent of execution, unless the amounts are greater than the value indicated in subparagraph (c)) of paragraph 3 of article 27; e) indication of the receivable, in accordance with this regulation.

Article 27 1-Regime at the expense of the part belonging to the scope of judicial sentencing for expense, except in the case of the cases referred to in paragraph 1 (b)) and c) of article 446.º paragraph 2 and article 450.º of the code of Civil procedure. 2-part fees are paid directly by the losing party to the who is creditor except as provided in article 454.º of the code of Civil procedure. 3-the losing party to pay, in accordance with the code of Civil procedure, the payment of the following amounts as expense of part: a) the values of Justice fee paid by the losing party; (b)) The amounts paid by the successful party the title documents; c) 50% of the sum of the rates of Justice initially paid by the losing party and by the successful party, for compensation for the successful party ends meet with attorneys from the legal representative or the enforcement agent. 4-The sum of the rates of Justice referred to in the preceding paragraph, States that the rates of procedures and other incidents. 5-the value referred to in point (c)) of paragraph 3 shall be reduced to the amount indicated in paragraph (d)) of paragraph 2 of article 26 when the latter is lower.

CHAPTER IV General Provisions article 28 84 Tickets 1-whenever the law of procedure is provided for the fine or penalty conviction of some of the parties or other stakeholders without indicating the amount, this can be fixed in an amount between UC and UC half five. 2 us exceptionally serious cases, unless other legal provision, the fine or penalty of up to a maximum amount of 10 UC. 3-the amount of the fine or penalty is always fixed by the judge, taking into account the reflections of violation of the law on regulating processing of the process and in the correct decision of the cause, the economic situation of the agent and the effect of the conviction in this heritage. 4-the part cannot be simultaneously condemned, by the same procedural act, in fine and penalty rate. 5-the damnation in fine, penalty or exceptional penalty rate outside the legally permissible cases always feature, which, when deducted separately, are within five days after being notified of the order that condemned the fine or penalty.

Article 29 1 Payment-unless otherwise specified, the fines are payable within 10 days after the judgment has become final transit. 2-When the fine should be paid by who has not constituted a judicial trustee or mere intervener in the process, the payment is only due after written notice where listed the payment deadline and the cominações due to the lack of the same. 3-Not being paid the fine after the deadline, the amount in transit, with an increase of 50% to the Bill of costs to be paid to end. 4-Regardless of the benefits granted by exemption from costs or for legal aid or the maturity date in question, the fines are always paid by the party that the motivated.

85 TITLE III settlement, payment and enforcement of chapter I expense Account of costs article 30 Opportunity 1 account-the account of costs is prepared continuously, throughout the process, corresponding to the Court Secretary who worked in first instance in the relevant process, being carried out its balance sheet after the traffic or when obtaining the whole product of attachment as the case may be. 2-when the climb to the higher courts by way of appeal expenses that arise after accepted the appeal and until the download process again to the first instance, are processed by the clerk of the superior court. 3-in addition to the cases in which the judge determine or the parties require courts section carries out a temporary balance of account expense whenever: a) the process is stopped for more than three months in fact attributable to the parties; b) implementation should be referred to the court proceedings. 4-in the suspense account does not include the costs of part. 5-the production and processing of account are regulated by order of the Member of Government responsible for the area of Justice and may be approved other forms of processing and preparation of the same.

Article 31 1 Account-the definitive account covers all the costs of the main action, incidents, resources and abnormal procedures. 2-Must be a single account for each subject of procedure responsible for the expense. 86 3-the account is processed by section of the process, through the electronic means provided for and regulated by order of the Member of Government responsible for the area of Justice, according to the following criteria: a) breakdown of amounts already paid by the the title of Justice and fee charges; b) Discrimination of movements carried out on behalf of the conversion rate of Justice, where appropriate; c) breakdown of reimbursements due to the Institute of financial management and of Infra-structures of Justice, I.P. or payments due to other entities or services; d) breakdown of amounts owed on account of fines and other penalties; and the amounts relating to Discrimination) payment of fines and administrative charges payable by the statement of administrative offense; f) Indication, where appropriate, of the amounts to be returned to the party; g) indication of the total amount to pay, when there is, date and signature of the person responsible for drafting the Bill. 4-the balance of the account must be carried out in 10 days after the verification of any of the circumstances referred to in the previous article.

Article 32 and Reform Complaint 1-the account is always notified to the public prosecutor, to representatives and agents of all parties, when there is, or the parties themselves when there is no authorized representative, and the party liable to pay, so that, within 10 days, call for reform, complain or carry out the payment. 2-Any player can ask for procedural reform of the expense account until 5 days after the receipt of any amounts. 3-when it is submitted by the liable for payment, the claim expense account is always subject to the 50% of deposit instantly from your value, discounted costs. 4-ex officio or upon request, the Secretary of Justice, or replace, the reform of existing material errors in the account, after which the interested party may only 87 in five days later, complaining to the judge without further possibilities of appeal. 5-outside the cases referred to in the preceding paragraph, of the decision of the judge of the appeal complaint in a degree, if the amount of the costs exceed the value of 50 UC.

CHAPTER II article 33 Payment voluntary payment 1-payments resulting from this regulation are made, preferably through electronic means available, and required payment by electronic means in the case of legal persons or, in any case, in the case of amounts in excess of the 10 UC. 2-payments made by electronic form is deemed to be made with the join to process the receipt attesting the transfer of value equal to or greater than the value in debt. 3-payments or returns to be made by the Court, operate by bank transfer when the part, subject of procedure or other intervener indicate the respective Bank identification number, being such a mandatory procedure for legal persons. 4-responsible for costs or fines that have a deposit to order from any court may require, within the voluntary payment, to raise the amount required for payment. 5-When the deposited amount appears not enough responsible may submit the application referred to in paragraph 1 provided that the payment of the amount in default. 6-forms of payment of court fees are regulated by order of the Member of Government responsible for the area of Justice.

88 article 34 1-phased Payment When the amount payable is equal to or greater than three UC, the person responsible may request, inform, the phased payment of costs, compounded of 5%, according to the following rules: a) the payment is made in six successive monthly instalments of not less than a half, if the total amount does not exceed the amount of 12 UC in the case of a natural person, or the sum of 20, in the case of a legal person; b) payment is made in 12 successive monthly installments, not less than a UC, when are exceeded the values referred to in the preceding paragraph. 2-the responsible who was granted the benefit of the phased payment of costs to the Court, within the period of voluntary payment, a payment plan which complies with the rules laid down in the preceding paragraph and the payment of the first installment after notification of your approval.

Article 35 non-compliance and retention entitlement-1 Past the deadline for the voluntary payment without being paid the costs, and not having been lodged complaint or until this is target of final decision, the Court has the right to retain any property in your possession or deposited amount to your order: the guarantee deposited by the Stem) responsible for the expense; b) Obtained seizure, consignment in deposit or similar mechanism, relating to goods or amounts of holding responsible for the expense; c) derives from the consignment, sale or redemption on the seized property to be property of the person responsible for the expense; d) Should be delivered to the responsible for the expense. 2-Verified non-compliance or the final decision referred to in the preceding paragraph, and in the case of amounts deposited to the court order, has this College to do pay directly for the same, in accordance with the following order of priority, unless otherwise specified: a) rate of missing justice; 89 b) Reimbursements to the Institute of financial management and of Infra-structures of Justice, i. p.; c) Credits; d) Refunds to other entities by virtue of collaboration or intervention in the process, including the fees and expenses incurred by the enforcement agent, which is not a judicial officer. 3-About the totality of the amounts counted, with the exception of fines levied interest on arrears to the maximum legal rate. 4-whenever the amounts available for the payment of costs are insufficient, and the payments referred to in (a)) c) of paragraph 2 of the preceding article, the remainder is prorated by the remaining creditors mentioned therein and, where appropriate, by other lenders that are recognized in sentence.

CHAPTER III Implementation article 36 1 Run-it has not been possible to obtain the payment of costs according to the previous articles, is delivered to the account settlement certificate of costs to the public prosecutor, for Executive effects, when you complete the attachable property. 2-settlement certificate, together with the final judgment is enforceable as to the entirety of the costs broken down there. 3-in the case of costs relating to single acts that don't come, predictably, to be integrated in any process, it is issued by the autonomous settlement certificate enforceable, own, which supports enforcement set up by prosecutors. 4-the public prosecutor only establishes the execution when the debtor's attachable assets are known that are sufficient in relation to the value of the execution, refraining from the Institute when the debt is less than the cost of the activity and the likely costs of execution. 90 5-When, and is running, it is found that the run has no more goods and that the seized assets are insufficient for the payment of costs, the judge, at the request of the Prosecutor, the creditors and proceed to immediate realisation of assets to be paid the expense. 6-Checking that the run has no assets, is execution immediately filed, without prejudice to be resumed as soon as their goods are known. 7-the Public Ministry promote the implementation by expense compared to debtors based abroad, in accordance with the provisions of Community law applicable, upon obtaining a European enforcement order.

Article 37 Cumulation of 1-executions always Introduces one execution against the same responsible, even if they are several processes or attached with expense on debt, since the executions can run simultaneously. 2-Being several responsible solidarity is not instituted an execution against each of them. 3-When the prevailing party bring execution by the expense of part against the responsible for the expense, that is combined to the execution by the cost brought by prosecutors, in any State of the process, since none of the executions is already extinct, that are not yet verified the requirements laid down in articles 53 and 54 of the code of Civil procedure. 4-When against the same responsible are pending or are being proposed, in the same court, several executions by expense, should the same be apensadas in one process, unless some of them already in the stage of sale or if the serious drawbacks to bring court proceedings.

TITLE IV final provisions 91 article 38 1-credit for Prescription charges and the right to return of amounts deposited to the order of any proceedings shall become statute-barred within five years from the date on which the holder was notified of the right to require the return thereof, unless otherwise provided for in law. 2-Filed implementation pursuant to article 36, paragraph 6, the Statute of limitations is counted from the filing date. 3-the return of amounts deposited to the order of any interest that integrates processes were winning the legal minimum rate, since the filing date to the date referred to in the preceding paragraphs.

Article 39 liability of the State for Costs 1-procedural fees, penalties and interest on arrears owed by any public authorities, are supported directly by the service to which belongs the body which, according to their competence, gave rise to the cause, understanding as such the one: a) removing direct or utility which extends the prejudice derived from the origin of the action; or (b)) that is attributable to the legal act in question or on which rests the duty to practice the legal acts or observe the desired behaviors 2-when several services that gave rise to the cause, it is the responsibility of the General Secretariat of the Ministry or, when belonging to different ministries, the General Secretariat that contained primarily in the organic law of the Government in force at the time of liquidation proceed to the payment, without prejudice to the right of return, calculated on the basis of the Division of the total amount of costs by the number of services involved. 3-the payment of costs of procedural fines or interest pertaining to court proceedings relating to acts of the members of the Government talks within the framework of administrative resources is the responsibility of the services that practiced the contested decision. 92 4-When the responsible entity pursuant to the preceding paragraphs do not have legal personality, the costs are borne by legal person exercising guardianship over that or who is the financial management of the aforementioned 5-entity liability for costs, fines and interest on arrears accepted of ministries and services provided for in the preceding paragraphs is independent of the legal provision in their statutory laws, of own revenue.

Article 40 destination of costs the fate of costs is fixed by order of the members of the Government responsible for the areas of finance and justice.

93 Of regulation Costs table I (table referred to in articles 6, 7, 12, 13 and 14 of the Regulation of Costs) action value (EURO) (UC) rate 1 the Art. 6 paragraph 1 CPR B Arts. 6 paragraph 2, 7, and 13, paragraph 2 No. 1, 14, paragraph 6 CPR (C) Arts. 6 paragraph 4 and 14 paragraph 3 CPR 1 up to € 2,000.00 0.5 1 2 2 2 1 4 3 the 2,000.01 € 8,000.00 € 16,000.00 1.5 6 4 3 the 8,000.01 € 16,000.01 to € 24,000.01 4 2 8 5 24,000.00 to 30,000.00 2.5 5 10 6 € 30,000.01 to 40,000.00 € 60,000.00 6 3 12 7 7 14 8 40,000.01 the 3.5 € 60,000.01 to € 80,000.01 8 4 16 9 80,000.00 to 100,000.00 9 18 10 4.5 € the 10 5 20 11 150,000.00 100,000.01 € 150,000.01 to € 200,000.01 12 6 24 12 200,000.00 to € 250,000.00 14 7 28 13 250,000.01 the 15 30 14 7.5 300,000.00 € 300,000.01 the 350,000.01 € 350,000.00 16 8 32 15 to 18 9 36 16 € 400,000.00 the 600,000.00 20 10 40 17 400,000.01 from € 20 to 60 10 600,000.01 the 2060 to 90 1 applies to each piece or set of subjects. 94 TABLE II (table referred to in article 7, paragraph 1, 3 and 5 of the regulation) Incident/procedure/implementation rate of Justice (UC) Precautionary Procedures up to € 300,000.00 3 Procedures of a value exceeding € 300,000.01 special procedures 8 9 the complexity 20 provisional Refund/Alimentos/Arbitramento provisional possession of temporary repair/temporary Adjustment payment of amounts 1 urgent administrative procedures (articles 97 and 100 of the CPTA) 1 Challenge of precautionary procedures adopted by the tax administration/Challenge reverse acts, tax substitution and payments on account 2 intervention Incident caused major or third-party accessory and opposition caused up to € 300,000.00 2 Stocks worth more than € 4 300,000.01 incident/Abnormal Procedures 1 to 3 verification of the value of the Incident cause/early production of evidence 1/Execution claims up to € 300,000.00 2 exceeding € 300,000.01 4 With enforcement agent who is not a bailiff 1 opposition to execution or attachment/Embargos of third To € 300,000.00 3 Executions of a value exceeding € 6 300,000.01 special incidents 7 complexity the 14 injunction and opposition to the European order values up to € 5,000.00 0.5 € 5,000.01 to € 15,000.00 1 from € 95 15,000.01 1.5 TABLE III (table referred to in article 8 paragraphs 4 and 5 of the regulation) procedural Justice rate Act (UC) 1 to 3 private prosecutor application for opening statement by the accused to appeal against the order 1 3 1 5 the pronunciation feature in order not to Challenge 6/3 pronunciation Opposition common Process 2 to 6 special Processes to 3 .5 Conviction in first instance without challenge or opposition common Process 2 to 6 .5 to 2 special Processes feature to the Court of appeal 3 to 6 Appeal to the Court of appeal (art. 430.º of the CPP) 4 to 8 appeal to the Supreme Court of Justice 5 to 10 complaints and requests for rectification 1 the 3 fastening of jurisprudence Resources (articles 437.º and 446.º of the CPP) 1 to 5 1 Review feature the 5 judicial review in administrative process 1 to 5 TABLE IV (table referred to in article 18 paragraph 2, regulation 4) remuneration for service/travel Category (A) Remuneration by fraction/page (B) experts and expertise 1 UC the UC (service) 10 1/16 UC (page) Translations _ _ _ _ _ _ _ _ _ _ 1/20 of UC (page) 1 UC the UC 2 Interpreters (service) _ _ _ _ _ _ _ _ _ _ Witnesses 1/12 of UC (movement) _ _ _ _ _ _ _ _ _ _ technical consultants 1 UC the UC (service) 10 1/16 UC (page)