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Approves The Convention On Cybercrime, Adopted In Budapest On 23 November 2001

Original Language Title: Aprova a Convenção sobre o Cibercrime, adoptada em Budapeste, em 23 de Novembro de 2001

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No 132 /X/4ª

Considering the non-existence of a complete international legal instrument in the

domain of cybercrime;

Considering the need to harmonize the various national legislations and the crimes in them

anticipated;

Considering the urgency of suitability for the investigation of cybercrime;

Seeking to facilitate international cooperation and to viabilize investigations;

Considering the strategy already achieved in other international legal instruments already

existing, namely the Convention for the Protection of Human Rights and the

Fundamental freedoms of the Council of Europe (1950), the relative International Covenant

to the Civil and Political Rights of the United Nations (1966), as well as by other treaties

applicable international human rights law, which reaffirm the right to

freedom of opinion without interference, the right to freedom of expression, including the

freedom to seek, receive and transmit information and ideas of any nature,

regardless of borders, as well as the right to respect for private life;

Following the line defined by the Convention of the Council of Europe for the Protection of the

People regarding the Automated Treatment of Personal Character Data,

signed in 1981, of the United Nations Convention on the Rights of the Child, signed

in 1989, and of the Convention of the International Labour Organization on Piores

Forms of Child Labour, signed in 1999;

Taking into consideration the Conventions of the Council of Europe on cooperation in

criminal matters, as well as other similar treaties concluded between Member States

of the Council of Europe and other States;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No 132 /X/4ª

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 motion for a resolution:

Article 1.

Approval

Approves the Convention on Cybercrime, adopted in Budapest on November 23-

2001, the text of which, in the authenticated version in the English language, as well as the respective translation

for the Portuguese language, it publishes in annex.

Article 2.

Reservation

At the time of the ratification of the Convention on Cybercrime, adopted in Budapest, the

November 23, 2001, the Portuguese Republic formulates the following reservation to Article 24,

n. 5:

" Portugal will not grant the extradition of people:

a) That they should be judged by an exception court or serve a sentence

decreed by a court of that nature;

b) When proven to be subject to process that does not offer legal guarantees

of a criminal procedure that respects conditions internationally

recognized as indispensable to the safeguarding of human rights, or that

to fulfil the penalty in inhumane conditions;

c) When claimed for an offence to which it corresponds with a sentence or measure of

security with perpetual character.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No 132 /X/4ª

Portugal only admits extradition for crime punishable with custodist of higher freedom

to one year.

Portugal will not grant the extradition of Portuguese citizens.

There is no extradition in Portugal for crimes to match death penalty under law

of the requesting State.

Portugal only authorises transit on national territory of person who find themselves in the

conditions in which his extradition may be granted.

Seen and approved in Council of Ministers of March 5, 2009

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs