Key Benefits:
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Proposal for Law No. 260 /X/4.
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Exhibition of Motives
The principle of mutual recognition has presented itself, since the European Council of
Tampere, occurred on 15 and October 16, 1999, as the cornerstone of cooperation
judicial in the European Union and in the framework of the space of freedom security and justice
characteristic of the European construction process. Paulatinously, your presence has
coming up, on the impulse of diplomas from the Council of the Union, to various fields. Is
in this context that falls under Council Decision-Table 2005 /214/JAI of 24 of
February 2005, concerning the application of the principle of mutual recognition to sanctions
pecuniary, in which the objective of facilitating the application of such sanctions is pursued in a
Member state other than the State in which the sanctions are imposed.
With regard to its content-and in summary-this Framework Decision postulates the
existence, in each member state, of competent authorities apt to communicate
directly with the competent authorities of the other member states, having in
view the transmission or reception and the execution of decisions, duly certified, that
determine the application of financial penalties. In the same way, it describes and regulates the
procedures necessary to the transmission, reception and implementation. In some cases,
comprehensively discriminated against in the Framework Decision, the recognition of decisions by
part of the authorities of the State of reception do not depend on any formality, to
in addition to those foreseen in the diploma itself. On all too many, the recognition and the
execution may be subject to the condition of being in question a behavior that
constitutes an infringement, pursuant to the right of State of execution. However-and for
any of these two situations-no more than predicting reasons for the non-
recognition and non-execution.
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The Framework Decision further refers to several other aspects, such as that of the law applicable to the
execution (defining this as the law of the State of implementation), the form of determination
of the amount to be paid, the terms in which it is possible to apply alternative sanctions in the event of
non-collection of financial penalty, the admissibility of the granting of amnesty or pardon
either to the issuing State, or to the executing State, the assignment, in exclusive, to the
State of issue of competence for the assessment of review resources, the cessation of
implementation, the allocation of the importancies resulting from the execution of decisions, the charges
with the process or languages likely to be used.
In the present draft law of transposition, serving the desideratum, expressed in the
Decision-Framework, of direct communication between the competent authorities of the various
Member states, ascribe to the courts the competence to lead the process
of mutual recognition. Thus, in cases where Portugal presents itself as the State
of issuance, the transmission of the decision will compete to the court itself that has taken up the
decision. In cases where the decision, specifically of the application of a fine, is
taken by an administrative authority, the transmission will compete to the court
competent for its implementation. Already when Portugal presents itself as the State of
execution, shall be competent the court of the habitual residence or the registered office-
depending on the person against whom the decision has been made is a natural person or
collective-, of the situation of the goods or of the place in which the yields are produced.
The Superior Council of the Magistrature, the Attorney General of the Republic and
the Order of Lawyers.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
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Proposal for Law No. 260 /X/4.
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Chapter I
General provisions
Article 1.
Subject
1-A This Law establishes the legal regime of the issuance and transmission, by the
Portuguese judicial authorities, of decisions to implement financial penalties,
with a view to its recognition and implementation in another member state of the
European Union, as well as recognition and implementation, in Portugal, of the
decisions to implement pecuniary penalties taken by the competent authorities
of the other member states of the European Union, transposing into the legal order
internal to Framework Decision No 2005 /214/JAI, of the Council of the European Union, of 24 of
February.
2-A The implementation in the European Union of the decisions to implement financial penalties is
based on the principle of mutual recognition and carried out in compliance with the
provisions laid down in Framework Decision No 2005 /214/JAI of the Council of the European Union of 24
of February.
3-A This Law shall be without prejudice to the application of bilateral or multilateral conventions between
Portugal and other member states of the European Union to allow to go beyond the
provisions of this Law and contribute to simplifying or facilitating the procedures of
implementation of the financial penalties.
Article 2.
Definitions
1-For the purposes of this Law, it shall be deemed to be:
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a) "Decision", a decision carried out on trial by which a sanction is imposed
pecuniary to a natural or legal person, whenever the decision has been
taken by:
i) A court of the State of issuance, by the practice of a criminal offence, in the
terms of the law of the State of issuance;
ii) An authority of the issuing State other than a court, by the practice
of a qualified offence as a criminal offence by the law of the State of issuance, since
that the person concerned has had the possibility of being judged by a
competent court, in particular in criminal matters;
iii) An authority of the issuing State other than a court, in what
complies with acts that are punishable under the law state of issuance by
constitute infringements of legal standards, provided that the person concerned
has had the possibility of being tried by a competent court,
particularly in criminal matters;
iv) The competent court, in particular in criminal matters, in which the decision was
delivered on the terms of the previous sub-paragraph.
b) "Pecuniary penalty", the obligation to pay:
i) An amount in cash after conviction for infringement, imposed by a
decision;
ii) An indemnity set out in the framework of the same decision for the benefit
of the victims, when they may not be a civil party in the proceedings and the court
to act in the exercise of its criminal competence;
iii) An amount in cash relative to the expense of the legal actions or
administrative conducts for decisions;
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iv) An amount in cash payable to a public fund or an organization
of support for the victims, determined in the framework of the said decision.
c) "State of issuance", the member state of the European Union in which it has been
delivered a decision;
d) "State of implementation", the member state of the European Union to which it has been
passed a decision for the purposes of execution.
2-For the purposes of this Law, they do not consider themselves to be a pecuniary penalty:
a) The decisions to forfeit the instruments or products of the crime;
b) Decisions of a cible nature, arising from an action for damages and
restitution that have an executive force, pursuant to the Regulation (EC)
n ° 44/2001 of December 22, 2000 on jurisdiction, the
recognition and enforcement of decisions in civil and commercial matters.
Article 3.
Scope of application
1-Are recognized and executed, without control of the double jeoparding of the fact, the
decisions to apply for financial penalties that respect the following facts, since
that, in accordance with the law of the State of issuance, these are punishable:
a) Participation in a criminal organisation;
b) Terrorism;
c) Trafficking in human beings;
d) Sexual exploitation of children and pedopornography;
e) Trafficking in narcotic drugs and psychotropic substances;
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f) Trafficking in arms, ammunition and explosives;
g) Corruption;
h) Fraud, including the aggrieved fraud of the financial interests of the Communities
European within the meaning of the Convention of July 26, 1995 on protection
of the financial interests of the European Communities;
i) Bleaching of proceeds of crime;
j) Counterfeiting of currency, including the euro;
l) Cybercrime;
m) Crimes against the environment, including the trafficking of endangered animal species and
endangered plant species and essences;
n) Aid for irregular entry and permanence;
o) Voluntary manslaughter, serious bodily offenses;
p) Trafficking of organs and human tissues;
q) Abduction, kidnapping and taking of hostages;
r) Racism and xenophobia;
s) Organized robbery or by armed hand;
t) Trafficking in cultural goods, including antiques and works of art;
u) Burla;
v) Extortion of protection and extortion;
x) Counterfeiting and piratagem of products;
z) Falsification of administrative documents and their trafficking;
aa) Falsification of means of payment;
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ab) Trafficking of hormonal substances and other growth factors;
ac) Trafficking in nuclear and radioactive materials;
ad) Trafficking in furloughed vehicles;
ae) Violation;
af) Fire post;
ag) Crimes covered by the jurisdiction of the International Criminal Court;
ah ) Deviation by plane or ship;
ai) Sabotage;
aj) Conduct that infringes on the Road Code or the regime of driving times
and rest and transport of dangerous goods;
al ) Smuggling of goods;
am ) Violation of intellectual property rights;
an) Threats and acts of violence against people, including when committed
in the context of sporting events;
to the ) Criminal vandalism;
ap ) Theft; and
aq) Offences defined by the State of issuance and covered by obligations of
implementation arising from instruments adopted under the terms of the Treaty of
European Community or Title VI of the Treaty on European Union.
2-In the case of facts not referred to in the preceding paragraph, the recognition and enforcement of the
decision by the Portuguese judicial authority shall be subject to the condition of the decision if
refer to facts that constitute infringement punishable by Portuguese law, regardless
of its constitutive elements or of its qualification in the right of the State of
issuance.
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Article 4.
Communications between the competent authorities
1-All official communications are carried out directly between the authorities
competent State of the State of issuance and the State of implementation, by any means that
allow us to obtain a written record of those and under conditions permitting
verification of its authenticity.
2-The provisions of the preceding paragraph shall be without prejudice to the transmission to the United Kingdom and to the
Ireland of decision, accompanied by the certificate, takes place through the respective
central authorities, or other authorities designated for this purpose, should those
Member States shall make a statement to that effect, deposited with the Secretariat-
General of the Council of the European Union and notified to the Commission.
3-Communications are translated into one of the official languages of the State of execution or
nother official language of the Institutions of the European Communities accepted by this State
upon declaration deposited with the General Secretariat of the Council of the Union
European.
Article 5.
Amnesty and forgiveness
The amnesty and the pardon can be granted both by the issuing state and by the
State of execution.
Article 6.
Allocation of the importances resulting from the execution of decisions
The importances resulting from the execution of decisions revert to the executing State,
unless otherwise agreed between this and the State of issuance.
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Article 7.
Charges
The Portuguese State resigns, in conditions of reciprocity, to the refund of charges
with the execution of decisions to apply for financial penalties.
Chapter II
Issue, content and transmission, on the part of the Portuguese authorities, of
decision to apply for financial penalty
Article 8.
Portuguese competent authority for the issuance
It is competent to issue the decision to apply for financial penalty and transmit it to the
competent authority of the State of implementation:
a) The court that has made the decision; or
b) In the event that the decision has been made by administrative authority, the court
competent for the execution.
Article 9.
Transmission of decision
1-A decision, or its certified copy, accompanied by the certificate whose model is stated in the
annex to this Law, may be forwarded to the competent authorities of a State
member of the European Union on whose territory the natural or legal person against the
which has been handed down the decision posits goods or income, have your residence
customary or, by treating themselves as a legal person, have their registered office.
2-A certificate is translated into the official language of the executing State, for one of its
official languages or, where this is accepted by the State of implementation, for a language
officer of the Institutions of the Union.
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3-A certificate shall be signed by the issuing authority, to which it shall certifying the accuracy of the
your content.
4-A decision, or its certified copy, as well as the certificate, are transmitted
directly by the issuing authority to the competent authority of the executing State,
under conditions permitting the verification of its authenticity by the executing State.
5-In the event that the issuing authority does not know the competent authority of the State of
execution, requests that information to the latter by all means, including through
of the contact points of the European Judicial Network.
6-The original of the decision or its authenticated copy, as well as the original of the certificate, are
sent to the executing State, if the latter requests it.
7-In each case, the issuing authority transmits the decision to a single State of
execution.
Article 10.
Duty of information to the State of implementation
1-A The issuing authority shall immediately inform the competent authority of the
State of implementation of any decision or measure that has the effect of cancelling the
enforceability of the decision or withdraw to the State of execution, by any other
reason, the responsibility for that execution.
2-If, after the transmission of a decision pursuant to the previous article, an authority
Portuguese to receive an amount in cash that has been paid voluntarily by the
doomed person, by way of the decision, that authority shall quickly inform the
competent authority of the executing State.
3-In the case referred to in the preceding paragraph, the amount paid will be fully deducted from the
amount to be performed.
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Article 11.
Consequences of the transmission of a decision
The issuing authority shall not continue the execution of a decision transmitted in the
terms of Article 9, without prejudice to the provisions of the following article.
Article 12.
Recovery of competence for the implementation
1-A The issuing authority recovers the competence for the execution of a decision
transmitted in accordance with Article 9.
a) After being informed by the competent authorities of the executing State of the non
execution, in whole or in part, of the decision;
b) After being informed by the competent authorities of the State of implementation of its
refusal to acknowledge or to execute the decision, without prejudice to the provisions of the
n. 2;
c) Where, under the terms of Article 9, the competent authorities of the State of
execution be informed that the responsibility for the execution has been
withdrawal.
2-In cases referred to in paragraph b) of the preceding paragraph, the issuing authority does not recover
the competence for the execution of the decision if the refusal of recognition or of
execution of the decision result:
a) From the existence of a decision against the convicted person, by the same facts, in the
State of implementation;
b) Of the existence and execution of a decision against the convicted person, by the
same facts, in State other than that of the issuance and that of the execution;
c) Of the granting of amnesty or a pardon by the executing State; or
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d) Of opposition founded on suspicion of violation of fundamental rights or of the
fundamental legal principles enshrined in Article 6 of the Treaty of the Union
European.
Article 13.
Review of the decision
Only the Portuguese State can decide on the review appeal of the decision, without prejudice to the
faculty of the State of implementation, in the event of impossibility of execution, in whole or in part,
be able to apply alternative sanctions, when this is provided for in its domestic law and
issuing authority has provided it on the certificate.
Chapter III
Recognition and implementation, in Portugal, of decision to apply for sanction
pecuniary issued by foreign authority
Section I
Refusal
Article 14.
Causes of refusal of recognition and enforcement
1-A The competent judicial authority refuses the recognition and enforcement of the decision
when:
a) The certificate is not presented, is incomplete or manifestly not
match the decision;
b) Have been handed down, in Portugal, a decision concerning the same person and the
same facts;
c) Have been handed down and executed a decision concerning the same person and the
same facts in another State;
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d) The decision has been handed down against an inimitable person on the grounds of age, in the
terms of the Portuguese law, in relation to the facts by which the decision was handed down;
e) There is an immunity, under Portuguese law, to prevent the execution of the
decision;
f) According to the certificate, and dealing with a written procedure, the person in
cause has not been regularly notified, pursuant to the law of the State of
issuance, of its right to challenge the action and time limits of appeal;
g) According to the certificate, the person concerned has not attended, except that
of the certificate conste that:
i) It was regularly notified of the case, under the law of the State of
issue; or
ii) He indicated that he does not contest the action.
2-In cases referred to in points a ), f) and g) from the previous number, before deciding by the
non-recognition and by non-execution, in whole or in part, the judicial authority shall
consult, by all appropriate means, the competent authority of the State of
issue and ask you, where appropriate, the prompt provision of all the
necessary information.
Article 15.
Causes of optional denial of recognition and enforcement
1-A The competent judicial authority may refuse the recognition and enforcement of the
decision when:
a) The decision relates to facts that do not constitute an offence punishable by the law
Portuguese, as long as it deals with infringement not included in Article 3 (1);
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b) The decision will refer to facts:
i) Committed, in whole or in part, in the Portuguese territory or in place
considered as such by the Portuguese law; or
ii) Practiced outside the territory of the State of issuance, provided that the Portuguese law
is not applicable to the same facts when practiced outside the territory
national.
c) The time limits for the limitation of the criminal procedure or the penalty have elapsed,
in accordance with Portuguese law, as long as Portuguese courts are
competent for the knowledge of the facts referred to in the decision;
d) the certificate indict claims that fundamental rights or legal principles
key enshrined in Article 6 of the Treaty on European Union were not
respected;
e) The financial penalty shall be less than € 70 or the equivalent of this amount.
2-In cases referred to in points c) and d) from the previous number, before deciding not to
acknowledgement and by non-execution, in whole or in part, the judicial authority shall
consult, by all appropriate means, the competent authority of the State of
issue and ask you, where appropriate, the prompt provision of all the
necessary information.
Section II
Process of recognition and enforcement of decision
Article 16.
Portuguese authority competent for the implementation
1-It is competent to implement in Portugal a decision to apply for financial penalty
the court of the area of the habitual residence or of the registered office, depending on the person
against which the decision has been handed down is a natural or a legal person.
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2-If it is not known the habitual residence or the registered office, it is competent the court
of the area of the situation of the goods of the person or of the place in which they are produced
income.
Article 17.
Recognition and enforcement of decision
1-Received the decision, duly transmitted by the competent authority of the State of
issue, the judicial authority shall immediately take the necessary measures to its
execution, without prejudice to the provisions of Articles 14 and 15.
2-When the certificate does not find itself translated into Portuguese or other language
officer of the Union Institutions that Portugal declars to accept, is that returned to the
competent authority of the issuing State for the respective translation to be carried out.
3-When the judicial authority considers necessary the translation of the decision of the State of
issue, may suspend its execution for the time required for such translation in
Portugal, at the expense of the Portuguese State.
4-When it is not competent, the judicial authority that received the decision shall
officiously convey the decision to the competent authority and inform it of this
quickly the competent authority of the issuing state.
Article 18.
Law of enforcement
The implementation of the decision shall be governed by the provisions of the Portuguese law applicable to the implementation of
decision to apply for financial penalty of the same nature handed down in Portugal, without
prejudice to the provisions of Articles 21 and 22.
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Article 19.
Determination of the amount to be paid
1-Where it is proved that the decision relates to facts not practiced in the territory of the
State of issuance, the judicial authority reduces the amount of the penalty to be carried out to the
maximum amount provided for in Portuguese law for facts of the same nature, if
deal with facts of the competence of the Portuguese state.
2-A The judicial authority shall, if necessary, convert the amount of the sanction into euros, to the
exchange rate in force at the time when the penalty was applied.
Article 20.
Deduction of the amount payable
1-If the convicted person can provide proof of the full or partial payment in any
State, the judicial authority shall consult, by all appropriate means, the
competent authority of the State of issue and shall request it, where appropriate, to
quick provision of all the necessary information.
2-In the case provided for in the preceding paragraph, any part of the amount of the penalty that has
been charged, in any form, in any State, shall be fully deducted from the
amount to apply.
Article 21.
Enforcement of decision relating to legal persons
The financial penalties applied to a legal person are executed even if the law
Portuguese does not provide for the liability of legal persons for the facts in question.
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Article 22.
Arrest or other alternative sanction in case of non-collection of pecuniary penalty
1-Whenever it is not possible to perform, in whole or in part, a decision, the authority
judicial may, in cases where this is provided for in Portuguese law for non-
payment of financial penalties, apply alternative sanctions, namely, in the case
of penalty of fine, the subsidiary prison, provided that the issuing State has foreseen the
application of these alternative sanctions on the certificate.
2-A The measure of the alternative sanction is determined in accordance with Portuguese law, but not
may exceed the maximum level indicated on the certificate transmitted by the issuing State.
Article 23.
Review of the decision
Only the issuing State may decide on the review appeal of the decision, without prejudice
of the provisions of the previous article.
Article 24.
Cessation of execution
The judicial authority puts an end to the execution of the decision as soon as it is informed by the
competent authority of the State of issuance of any decision or measure that has by
annular effect of the enforceability of the decision or withdraw to Portugal, by any other
reason, the responsibility for that execution.
Article 25.
Duty of information to the State of issuance
The judicial authority shall quickly inform the competent authority of the State of
issuance:
a) From the transmission of the decision to the competent authority, pursuant to Art. 17;
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b) Of any decision to refuse recognition or to implement a decision,
in the terms of Articles 14 or 15, accompanied by the respective statement of reasons;
c) Of the non-execution, total or partial, of the decision, by virtue:
i) From the reduction of the amount of the penalty to be applied to the maximum amount provided for in
Portuguese law for facts of the same nature, if it comes to facts of the
Competence of the Portuguese State, in harmony with the provisions of paragraph 1 of the
article 19;
ii) From the conversion of the amount of the penalty in euros, to the exchange rate in force in the
moment in which the sanction was applied, in harmony with the provisions of paragraph 2
of Article 19;
iii) Of a decision on the rules of the implementation and establishment of measures with
it related, including with regard to the grounds for termination of the
execution, in harmony with the provisions of Article 18;
iv) From the full deduction of any demonstrably paid amount of the amount
to apply in Portugal, in harmony with the provisions of Article 20; and
v) From the granting of amnesty or forgiveness, in harmony with the provisions of Article 5.
d) Of the execution of the decision, as soon as it is completed; and
e) From the application of alternative sanctions pursuant to Art. 22 para.
Chapter IV
Final and transitional provisions
Article 26.
Transitional arrangement
This Law shall apply to the decisions made after it enters into force, albeit the
same if they refer to previously practiced facts.
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Article 27.
Entry into force
This Law shall come into force 60 days after its publication.
Seen and approved in Council of Ministers of March 11, 2009
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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ANNEX
Certificate referred to in Article 9.
a)
* State of issuance:... .................................................................................
* State of implementation:........................................................................................
b) Authority which has delivered the decision imposing the financial penalty:
Official designation:............................................................................................
Address:......................................................................................................
..................................................................................................................
Referral of the process (...)...............................................................................
Phone: (indicative of the country) (regional indicative)........................................................
Fax: (indicative of the country) (regional indicative)..............................................................
Email (if available):.........................................................................................
Languages in which it is possible to communicate with the issuing judicial authority.........
..................................................................................................................
Contact of the person (s) to be contacted in order to obtain additional information for the purpose of
implementation of the decision or, where applicable, for the purpose of the transfer to the State of
issuance of the importances resulting from the execution (name, title / degree, telephone, fax and, if
available, email).......................................................................... ....... ...
..................................................................................................................
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..................................................................................................................
c) competent authority to carry out the decision imposing the financial penalty on the
State of issue [if it is not the authority referred to in (b)]:
Official designation:............................................................................................
..................................................................................................................
Address:......................................................................................................
..................................................................................................................
Phone: (indicative of the country) (regional indicative)........................................................
Fax: (indicative of the country) (regional indicative)..............................................................
Email (if available):.........................................................................................
Languages where it is possible to communicate with the competent authority for the execution....
..................................................................................................................
Contact of the person (s) to be contacted in order to obtain additional information for the purpose of
implementation of the decision or, where applicable, for the purpose of the transfer to the State of
issuance of the importances resulting from the execution (name, title / degree, telephone, fax and, if
available, email):............................................................................... ........
..................................................................................................................
..................................................................................................................
d) Case has been designated a central authority for the administrative transmission of the
decisions that impose financial penalties on the issuing state:
Name of Central Authority:.................................................................................
..................................................................................................................
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Person eventually to contact (title / degree and name):.....................................................
..................................................................................................................
Address:......................................................................................................
..................................................................................................................
Referral.......................................................................................
Phone: (indicative of the country) (regional indicative)........................................................
Fax: (indicative of the country) (regional indicative)..............................................................
Email (if available):.........................................................................................
e) Authority or authorities who may be contacted [should you have (m) been filled in (s)
a (s) (c) and / or (d)):
Authority referred to in point (b):
You can be contacted in relation to the following questions:...................................................
Authority referred to in point (c):
You can be contacted in relation to the following questions:...................................................
Authority referred to in point (d):
You can be contacted in relation to the following questions:...................................................
f) Data relating to the natural or legal person to whom pecuniary penalty was imposed:
1. In the c to s o d and a p and s o a s i n g u l a r
Surname:......................................................................................................
Name (s) itself:................................................................................................
Maiden name (eventually):..........................................................................
Alwedges and pseudonyms (eventually):.................................................................
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Sex:............................................................................................................
Nationality:................................................................................................
Identity card number or social security number (if available):........
Date of birth:.........................................................................................
Place of birth:.........................................................................................
Last known whereabouts:..............................................................................
..................................................................................................................
Indication of the language or languages that the person understands [when known (s)]:......
..................................................................................................................
a) In case the decision is communicated to the executing State due to the fact that the person
against whom the decision was taken in it habitually reside, to add the following
information:
Habitual residence in the State of execution:.............................................................
..................................................................................................................
..................................................................................................................
b) In case the decision is communicated to the executing State due to the fact that the person
against whom the decision was taken to possess goods in the executing State, to add the following
information:
Description of the goods of the person:............................................................................
Location of goods of the person:............................................................................
c) In case the decision is communicated to the executing State due to the fact that the person
against whom the decision has been taken to possess income in the executing State, to add the
following information:
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Description of the person's income source (s):.............................................................
Location of the person's income source (s):..........................................................
2. On the c to s o d and a p and s o a c o l and c t i v a:
Design....................................................................................................
Form of collective person:..................................................................................
Identification number of legal person (if available) (1):...........................................
Registered office (if available) (1):.............................................................................
Address of the legal person:.............................................................................
a) In case the decision is communicated to the executing State due to the fact that the person
collective against whom the decision was made to possess goods in the executing State, to add the
following information:
Description of the assets of the legal person:.................................................................
Location of assets of the legal person:................................................................
..................................................................................................................
b) In case the decision is communicated to the executing State due to the fact that the person
collective against whom the decision was made to possess income in the executing State,
to add the following information:
Description of the source (s) of income of the collective person:................................................
Location of the source (s) of income of the legal person:..............................................
..................................................................................................................
g) Decision that imposes a financial penalty:
1. Nature of the decision which imposes a financial penalty (mark the appropriate house):
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No. 260 /X/4.
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i) Decision of a court of the State of issue in respect of a criminal offence,
under the terms of the legislation of the State of issuance
ii) Decision of an issuing State authority that is not a tribunal in which
respect a criminal offence under the legislation of the State of issuance.
It is confirmed that the person concerned has had the possibility of being tried by a court
competent, inter alia, in criminal matters
iii) Decision of an issuing State authority that is not a tribunal in which
complies with acts that are punishable under the legislation of that State by virtue of being
infringements of legal standards. It is confirmed that the person concerned has had the possibility of
be tried by a competent court, in particular, in criminal matters
iv) Decision of a competent court, particularly in criminal matters, relatively
to a decision within the meaning of paragraph (iii)
The decision was taken on (date)..............................................................................
(1) In case the decision is communicated to the executing State due to the fact that the person
collective against which the decision was made to have the registered office in that State, is
obligatory the indication of the registration number and the registered office.
The decision transited on trial at (date)...................................................................
Reference number of the decision (if available):..........................................................
The financial penalty constitutes an obligation to pay [mark the appropriate house (s) and
indicate the amount (s), with indication of the divisa]:
i) An amount in cash after conviction for infringement, enacted in decision.
Amount:......................................................................................................
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Proposal for Law No. 260 /X/4.
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ii) An established compensation in the scope of the same decision for the benefit of the
victims, when these cannot be a civil part in the process and the court acts in the exercise
of your criminal competence.
Amount:......................................................................................................
iii) An amount in cash relative to the expense of the legal or administrative actions
conducive to decisions.
Amount:......................................................................................................
iv) An amount in cash to be paid to a public fund or support organization
to the victims, determined in the framework of the said decision.
Amount:......................................................................................................
Total amount of penalty payment, with indication of the divisa:...........................................
..................................................................................................................
2. Summary summary of the facts and description of the circumstances in which the (s)
infraction / offences foi/were committed (s), including the time and place:....................................
..................................................................................................................
..................................................................................................................
..................................................................................................................
..................................................................................................................
..................................................................................................................
Nature and legal qualification of the offence / offences and legal provision / code
applicable, based on / on which decision was made:........................................................
..................................................................................................................
..................................................................................................................
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Proposal for Law No. 260 /X/4.
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..................................................................................................................
3. Where the offence or offences identified (s) under section 2 constitute (m) one or more
of the following offences, confirm that fact by pointing out the appropriate house (s):
Participation in a criminal organisation
Terrorism
Trafficking in human beings
Sexual exploitation of children and pedopornography
Illicit trafficking in narcotic drugs and psychotropic substances
Illicit trafficking of weapons, ammunition and explosives
Corruption
Fraud, including the aggrieved fraud of the financial interests of the European Communities,
within the meaning of the Convention of July 26, 1995 on the protection of interests
financial of the European Communities
Bleaching of the proceeds of crime
Falsification of currency, including the counterfeiting of the euro
Cybercrime
Crimes against the environment, including the illicit trafficking of endangered animal species and of
species and plant varieties threatened
Aid for irregular entry and permanence
Voluntary manslaughter, serious bodily offenses
Illicit trafficking of human organs and tissues
Abduction, kidnapping and taking of hostages
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No. 260 /X/4.
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Racism and xenophobia
Organized robbery or the armed robbery
Illicit trafficking in cultural goods, including antiquities and works of art
Burla
Extortion of protection and extortion
Counterfeit and piratagem of products
Falsification of administrative documents and their trafficking
Falsification of means of payment
Trafficking of hormonal substances and other growth factors
Illicit trafficking in nuclear and radioactive materials
Trafficking of stolen vehicles
Violation
Fire put
Crimes covered by the jurisdiction of the International Criminal Court
Deviation by plane or ship
Sabotage
Conduct contrary to the rules governing road movement, including infringements of the
provisions relating to driving and rest times and the transport of goods
dangerous
Smuggling of goods
Violations of intellectual property rights
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Proposal for Law No. 260 /X/4.
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Threats and acts of violence against people, including when committed in the
scope of sporting events
Criminal vandalism
Theft
Offences defined by the State of issuance and covered by obligations to implement
arising from instruments adopted in the terms of the EC Treaty or Title VI of the
Treaty of the European Union.
If this quadricle is pointed out, state exactly what the provisions of the instrument
approved on the basis of the EC Treaty or the Treaty on the European Union with which it is
related to infringement:.... .............................................................................
..................................................................................................................
4. Where the offence or offences identified (s) under section 2 are not (m) provided for in the
paragraph 3, submit a full description of the offence or offences in question:....... ..
..................................................................................................................
..................................................................................................................
..................................................................................................................
h) Status of the decision imposing the financial penalty
1. Confirm that (mark the houses):
a) Whether it is decision-carried forward on trial
b) As much as it is from the knowledge of the authority issuing the certificate, it was not
delivered in the State of execution no decision against that person by the same acts
and no decision has been executed in that sense that has been handed down in any
another State other than the issuing State or the State of implementation.
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Proposal for Law No. 260 /X/4.
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2. Indicate whether the action has been subject to written procedure:
a) No, the action was not subject to written procedure
b) Yes the action was subject to written procedure. It is confirmed that the person concerned,
under the terms of the legislation of the issuing state, was informed personally or by way of
a habilitated representative, in accordance with national law, of his / her right to contest the
action and time limits for appeal.
3. Indicate if the person concerned has appeared in the process:
a) Yes, the person in question attended
b) No, the person in question did not attend. It is confirmed that this person:
has been informed of the process personally or through its habilitated representative, from
in accordance with national law, under the legislation of the State of issuance
or
indicated that it does not contest the action
4. Partial payment of the penalty
Whether it has already been paid a portion of the sanction in the issuing state or, as much as it is from the
knowledge of the authority issuing the certificate, in any other State, indicate which the
paid amount:
..................................................................................................................
i) Alternative sanctions, including custodial sentences of freedom
1. Indicate whether the law of the State of issuance permits the application, by the State of implementation, of
alternative sanctions, should it not be possible to execute the decision that imposes a sanction, either
in full, either partially:
Yes
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Proposal for Law No. 260 /X/4.
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No
2. In the affirmative, indicate that sanctions can be applied (nature of sanctions, level
maximum penalties):
Prison. Maximum period:.................................................................................
Provision of work in favour of the community (or equivalent). Maximum period:......
Other sanctions. Description:..............................................................................
..................................................................................................................
j) Other circumstances pertinent to the case (optional):.......................................
..................................................................................................................
..................................................................................................................
k) The text of the decision imposing the financial penalty will append to the certificate.
Signature of the authority issuing the certificate and / or its representative who attests to
correctness of the content of the certificate:..............................................................................
..................................................................................................................
Name..........................................................................................................
Function (title / degree):..............................................................................................
Data:............................................................................................................
Official stamp (eventually)