Approves The Code Of Execution Of Sentences And Custodial Measures

Original Language Title: Aprova o Código da Execução das Penas e Medidas Privativas da Liberdade

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449314d6931594c6d527659773d3d&fich=ppl252-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 1 explanatory memorandum 1. The law of execution of Sentences and custodial Measures (Decree-Law No. 265/79, of 1 August, amended by decree-laws No. 49/80, of 22 March, and no. 414/85 of 18 October) and the organic law of the courts of enforcement of Penalties (Decree-Law No. 783/76, of 29 October, amended by decree-laws No. 222/77 , May 30, and no. 204/78 of 24 July) are both before the 1982 Penal Code and the code of criminal procedure of 1987 – however the target of various reforms, the most recent in September 2007 –, and remain for review, in spite of an extremely narrow relative to the enforcement of custodial sentences and measures with the substantive criminal law and adjective. In addition to this right, the downgrade of these laws in the light of the evolution of penitentiaries, the change in the profile of the inmate population, the evolution of social reality and new challenges and criminal correctional intervention requires reform of the enforcement of custodial sentences and measures, both in its material both in its procedural aspect. The correspectividade between both these aspects in turn justifies their amalgamation into a single diploma – a code of enforcement of Punishments and custodial Measures. This innovative solution in our legal system, allows the bonding of standards currently dispersed by various legislation and provides an integrated perspective of the current regulatory framework for the enforcement of punishments and custodial measures.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 2 2. The plan noun, this Bill contains the fundamental principles of the execution of custodial sentences and measures, to which the code will be regulated by a general regulation of Prisons, able to ensure a uniform application of the law throughout the prison system. 3. Resets the legal status of the prisoner and reinforce their assurances during the completion of the custodial sentences and measures. This Bill establishes, as a guiding principle, that the execution of custodial sentences and measures should take place in conditions which ensure respect for the dignity of the human person in harmony with the Constitution, with the applicable instruments of international law and with the law. Consecrate themselves still other guiding principles, such as respect for human rights and legally protected interests of the inmate is not affected by the conviction; the prohibition of any form of discrimination; the approach to the positive aspects of life in the community; the promotion of the sense of responsibility of the inmate, through stimulating their participation in preparation for freedom; and that the execution should be carried out in cooperation with the community. 4. Define explicitly, in autonomous articles, the rights and duties of the prisoner, which is an innovation in the Portuguese legal system, including, in particular, the right to information, consultation and legal advice from a lawyer, the right of access to his personal file, the extension of the right to keep you kids up to the age of five years the right to vote and the right to protection of private and family life. The definition of duties of the inmate is an experience-oriented respectful of the existing rules in the prison as a form of civic preparation for returning to society.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 3 inmate placement under security passes depending on requirements objectives expressly enshrined in the law, reported to the public prosecutor at the Court of enforcement of penalties for verification of legality, and for the first time enshrines expressly in law the scheme open, mentioning their assumptions and calling the prosecution before the Court of enforcement of penalties for verification of the legality of decisions. 5. guarantees Still proceeded to the redefinition of the disciplinary procedure with a view to the adoption of principles and rules, like a ban on analogy to qualify one as an offence, the prohibition of double punishment for the same fact, the definition of a recurrence, of disciplinary offences and disciplinary offences, the exhaustive enumeration of disciplinary offences, classified in two ranks , the admission of the suspension of the execution of a disciplinary measure, the estatuição of rules on limitation and suspension of disciplinary procedure and the possibility of the inmate present evidence for his defense. With regard to the safeguarding of rights and guardianship, dedicates the right of complaint, petition, complaint and exposure, with express reference to the entities and bodies to whom the inmates can drive and with obligation to answer, in the case of the director of the establishment, within a maximum period of 30 days. Dedicates a greater degree of requirement in the grounds of the decisions affecting the inmate and ensures the notification of acts concerning him, without prejudice to the safeguard of order and security. 6. From the perspective of the control of the prison administration acts, the principle of jurisdicionalização of execution is reaffirmed, expanding significantly the intervention of the Court of execution of Sentences.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 4 So, inter alia, the decisions on the placement of the inmate or in open regime, both in security arrangements, the matching retention decisions and decisions of special security measures more onerous are reported to the public prosecutor at the Court of enforcement of penalties for verification of their legality. The individual plan of rehabilitation, amendments thereto, are approved by the Court of execution of Punishments, which decides also about the loss of values and goods unlawfully introduced by inmate in prison. Strengthen the guarantees of the inmate in relation to the penitentiary administration, widening the range of decisions that the inmate may challenge before the Court of Execution of penalties: thus, the inmate passes the power to challenge the legality of the decisions of prohibition of visits, telephone contacts, restriction of no authorization to interview, license revocation or of disciplinary measures to remain mandatory in accommodation and internment in a disciplinary cell regardless of the degree of these temporal sanctions. 7. The schedule of completion of custodial sentences and measures based on the principle of assessment of needs and individual risks and on individual rehabilitation plan. The idea of observation and elaboration of an individual rehabilitation plan was already has long been enshrined in the law. However, for reasons related to the overcrowding of prisons and the lack of human resources, among others, was rarely implemented, except for the cases relatively undetermined. The present Bill definitely bet on prison treatment planning and in the development of an individual plan of rehabilitation and that provides that: the execution of penalties and security measures is individualized, planned and phased, gradual approach to life; After the admission, begins the trial of the prisoner, to enable decisions on employment, choice of scheme PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 5

of execution, treatment and individual rehabilitation plan; the assessment takes into account, moreover, the social environment of the inmate, health, skills requirements, but also the risks posed by the inmate and the danger of escape; final assessment, judged the condemnation and since the remainder of sentence serving more than a year, is the individual plan of rehabilitation; the plan is periodically evaluated; the plan provides for the necessary measures for the treatment of the prisoner, duration and phasing and focuses in particular on training and technical occupation; the individual plan of upgrading is mandatory for children under 21 years and for relatively indeterminate sentences and is prepared where possible with the participation of the inmate. 8. The present draft law also enables the implementation of some aspects of the scheme for the application of penalties to prisoners. Indeed, the prisoner convicted by preventive decision which has become final, benefiting from the presumption of innocence, ends up being harmed by the fact that this legal status remain often during long time and, consequently, not being able to benefit from certain aspects of the scheme for the application of penalties. Sensitive to this fact, this Bill provides that the evaluation of the preventive arrested is also made in order to raise its membership – always – volunteer activities and programs; the result of this assessment may be considered by the Court to order which takes a measure of coercion, with a view to a possible amendment of the measure; and that the prisoner can receive preventive visits, whenever possible every day, except for restrictions imposed by the Court in the order which complies with the measure. 9. Is enhanced the integration of the prisoner into society by their inclusion in the National Health System and in national policies of education, training and social support. The period of detention should be seen as an opportunity to strengthen the ties of citizenship of the inmate, increasing their inclusion in society. For both: the execution of the sentence is carried out in cooperation with the community; consecrate themselves expressly civil and political rights, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 6 including suffrage; own degree expected in conjunction with the Ministry of health so that the inmate access to the national health service on equal footing with the free citizen; education, vocational training and work are provided on employability and social reintegration, within the framework of national policies for education and training of adults and in joint programmes for acquisition or enhancement of personal and social skills in partnership with other entities; It is expected to provide social and economic support to the inmate and his household, for strengthening and maintaining family ties; and invite, to these effects, the public authorities responsible for social and economic support, in particular in social security, employment, vocational training, education and health. 10. Appreciates the prison work through the review of a legal regime for the work developed in productive units of business nature. In this way, the present draft law affirms the primacy of work in productive units of business and nature, in line with the current orientation, affirms principles of dignity of labour, the protection of inmates against economic interests and defense against unsanitary conditions or dangerous in work activity. The principle States that the work has the purpose of training and preparation for life in freedom and establishing a special legal relationship to work in productive units of business nature, through the diploma itself. This special scheme will follow as much as possible the general scheme of the working relationships, and neglecting the specificities of life in seclusion. In particular, should be regulated rights and obligations, timetables, social benefits, unemployment, accidents at work and occupational diseases and suspension and dissolution of the employment relationship, and the fate of remuneration to ensure that part of her serve future reintegration recluse.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 7 is also considered as work (although not subject to the regime of work in productive units of business nature) the provision of auxiliary services of cleaning and maintenance of the premises, paid equitably and enjoying protection in respect of accidents at work and occupational diseases. The work is created in cooperation with public and private entities and is provided both inside and outside of prisons, always under the supervision of prisons. 11. Values the teaching, work, vocational training and the frequency of specific programmes with consequences on relaxation of execution of the sentence. Awarding the prisoner's commitment to acquire future capabilities of social reintegration and encourage their commitment in a orderly experience during the execution of the sentence, attributed to the stimulus work and teaching. Thus, the frequency of teaching courses is stimulated, in particular for the prediction that the relevant commitment or school utilization, in training or in programs under the treatment planning are taken into account for the purposes of relaxation of feel sorry – that is, in the assessment of output, in the open and on parole. 12. The present draft law gives special attention also to the victim, by means of the following predictions: at the time of admission, the inmate is assessed, bearing in mind, moreover, the risk he poses to others, to the community and to the victim; on licensing of output, balance, inter alia, the needs of the victim protection; the remuneration received by the inmate is partially affected the fulfillment of legal obligations, in particular food benefits and compensation to the victim; by consent, the inmate participating in restorative justice programs and repair their offense.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 8 13. Is enhanced community participation in the execution of penalties. Reaffirms that one of the guiding principles of implementation is to this course as much as possible, in cooperation with the community. In addition to other aspects already mentioned that reflect the search for a strong interaction between the prison system and the community, is the duty of the prison administration to promote the participation of private institutions and volunteers in cultural activities, occupational, social and economic support and social rehabilitation, inter alia, in matters of accommodation and employment. In order to achieve the accession and the interest of the community, should the prison services to promote information campaigns on the objectives and results of the work that develops. 14. this Bill aims to still incorporate the Institute code of modification of the execution of the sentence of imprisonment – provided for in law No. 36/96, of 29 August – and extend its scope to convicts affected by serious illness, and irreversible evolutionary who no longer respond to therapies available; the damned serious permanent disabilities, requiring the dependence on third and is incompatible with the normal maintenance in prison; and the cons of advanced age, when their physical or mental health, or of autonomy is incompatible with the normal maintenance in prison or affecting its ability to understand the meaning of execution of the sentence. Indeed, on the one hand, the regime of law No. 36/96, of 29 August, – apply to convicts affected by serious illness and irreversible terminal – had scant application, in part due to strict terms in which it was defined its scope. On the other hand, it is well known that, in the case of inmates of advanced age or people with serious shortcomings, the incarceration brings problems for the prison services are not designed: in fact, in addition to the necessary medical follow-up, there is usually a loss of autonomy in basic activities of daily life, such as locomotion, food or personal hygiene, require care PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 9

individualized and specialized, not always compatible with the situation of seclusion. The proposed enlargement looks so justified, for reasons of humanity, where precluded by demands of prevention or of order and social peace. 15. In terms of procedure and with regard to the delimitation of competence between the Court that imposed the measure of deprivation of freedom and effective the Court of enforcement of sentences, the present draft law assigns exclusively to the Court of execution of Sentences the competence to monitor and oversee the implementation of custodial measures, after the transit in trial of the sentence imposed. Consequently, the intervention of the Court of the conviction ceases with the traffic in the ruling that decreed the ticket agent of the crime in a prison establishment, in order to fulfill private measure of freedom. This simple, unambiguous criteria and operation of delimitation of competence, which puts an end to panorama, currently existing uncertainty regarding allocation of functions between the two courts and even overlap practice. Uncertainty and overlapping which in no way promote the effectiveness of the system. 16. Assigns the Court of execution of Sentences the competence to monitor and oversee the implementation of the preventive arrest and internment, subordinating some of their decisions to consent to the Court's order which is the measure of coercion, but enforcing that are reported to him the decisions taken by the Court of execution of Sentences. This anchor option primarily on three reasons. First: the Court ordered the provisional detention is not sensitized to issues of implementation arrangements and penitentiary activities, so it tends not to follow the way it runs the measure of coercion, which can result in a more unfavorable treatment of the prisoner absolutely contrary to the preventive legal-constitutional presumption of innocence that is beneficiary. What comes to the second reason for proposed solution: the equal treatment of all individuals deprived of liberty by court order. Third: with a special feature for standardisation of the jurisprudence of the courts of enforcement of Penalties, you might want to focus on this kind of Court regarding the execution of all custodial measures.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 10 17. The jurisdicionalização of executing, deepened by this proposal, expresses a fundamental option: that the prisoners ' rights effective supervision requires the intervention of a court to enforce the limitations imposed on those rights, in order to avoid that the practical application of the penal laws empty of content garantísticos principles. In this light, the present draft law grants the Court of execution of Sentences not only control of the issues strictly relating to the implementation, but still of some acts of the prison administration. Actually, wanted to keep the aspect of penitentiary supervision between the powers of the Court of execution of Sentences. It is a traditionally integrated into the Portuguese system of enforcement of custodial measures. But, in order to avoid the criticism that usually are addressed, enshrines the following solutions: Grant the Prosecutor the task that most direct mode, associated to the penitentiary surveillance – to visit prisons and to hear the inmates. Dota prosecutors less broad surveillance powers penitentiary, although more incisive and effective. Prime example is the verification of the legality of decisions of the penitentiary administration that must be communicated to this end and to challenge before the Court of execution of Punishments, which it considers illegal. Instead of positioning the Prosecutor and the Court of execution of Sentences as a kind of first and second instances of enforcement, the structure of the Court of Execution of penalties of any other court, in which the representatives of the public prosecution service promote its action, control and decision to the judge. Gives legitimacy to the public prosecutor to appeal against the decisions of the Court of execution of Sentences (this article 129 of the Decree-Law No. 783/76, of 29 October) and, for the first time, to participate in the Technical Council. In fact, while defender of the rights and legally protected interests of citizens and democratic legality, recluse prosecutors could not limit itself to promote the action of the Court PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 11 implementation of Feathers, and should also follow and contribute to the monitoring of their activity. Eliminates the distinction between the Court and the enforcement of penalties, for its artificiality in a framework of single execution of court sentences. But, above all, because now it works of course the Court of execution of Punishments can only exert, next to the strict enforcement, surveillance functions in this context, penitentiary can adopt measures of judicial nature, rather than content essentially administrative interventions. Eradicated or, at least, mitigate the potential risks and weaknesses inherent in the unique nature of the Court of execution of Punishments, through: the power of order, albeit unofficially, all the steps necessary to probe the decision-making process; and enlargement of the chances of appeal of decisions of the Court of enforcement of sentences, the Court of appeal and to the Supreme Court of Justice in order to the standardisation of the jurisprudence. It is therefore clear that the present draft law to a revaluation and generic extension of intervention of the Prosecutor in judicial review of the implementation of custodial measures. 18. With regard to the intervention of a lawyer, this is permitted under law, being, however, required sponsorship of lawyer in cases specially provided for by law and which are still always concerned questions of law. The enlargement and strengthening of the powers of the Prosecutor, in his double human rights defender vest recluse and democratic legality, in conjunction with the enhancement of the role of the lawyer, safeguarding, balanced and sufficiently, the legal position of the inmate, including before the Court of execution of Sentences.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 12 19. This Bill has opted for the Organization, in the Court of execution of Punishments, from a unique process for each inmate, whose autos main (giving rise to the opening of proceedings) are later joined all other processes and incidents. Sought to ensure the unity of decision-making criterion, the continuity of the process of social reintegration and the constant evaluation of the same through the immediate access to the full story of the inmate, by the judge of the Court of Execution of penalties called to decide about your situation. 20. It should be noted, too, the mechanism of rejection or invitation to improvement of the initial application, through which it aims to streamline the referral to the Court of enforcement of Sentences and, therefore, prevent the waste of human and technical resources, while at the same time fulfill the guaranteed access to the courts. 21. New is, too, the special process of verification of legality that aims to be the expression adjectiva the provisions of book I, establishing the obligation of disclosure of certain decisions of the prison administration to the public prosecutor at the Court of Execution of penalties, precisely in order to verify its legality. 22. With regard to the contested decisions of the prison administration, focuses on the execution of penalties the Court competence to decide the legality of certain decisions of the prison administration concerning the execution of custodial sentences and measures. So it has to succeed, because, for a dispute considered governed by administrative law, it is necessary that ' the contested legal relationship is governed, under the material point of view, by administrative law». What is not the case in this instance. Is before a dispute clearly disciplined by the Criminal law on the execution of custodial sentences and measures. Soon, the competence for it will it is up to the judicial courts with specialised competence in the matter.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 13

23. The scope of the powers conferred on the Court of Execution of penalties in case of impeachment, depends on the subject of the decision, which can be put in crisis the public prosecutor or by the inmate. The strict array or essentially only challengeable decisions penitentiary by prosecutors does not admit an inquiry of matter of fact in that anchor, or modification by the Court of its contents. Otherwise, violate the principle of the separation and interdependence of powers for which uphold the Court and the penitentiary administration. Soon, the Court of Execution of penalties just competes annul or not annul the contested decision, it cannot replace the prison administration, modifying one or another sense of authority. Concerned are skills that relate to the activity of penitentiary that strictly enforcement of custodial measures-undoubtedly, legally marked exercise skills, but no content likely to judicial determination. Exclusively open to challenge by the inmate are decisions affecting their right to maintain contacts with the outside world, or that result in the imposition of more severe disciplinary sanctions. This being the subject of the decisions now put into crisis, the jurisdiction of the Court of execution of Sentences don't have to confine itself to annulment or annulment of the contested decision, not extending to the estatuição modification of penitentiary authority. In fact, in line with the power – in this seat offers – from syndicating their own matter of fact in that undergirded the contested decision, since this, 2 1: or does not respect the essential aspects of correctional activities, or translates a disciplinary measure which, of course, have to be capable of being challenged by the recipient also with regard to their material assumptions. 24. Are not liable to appeal the decisions of the Court of execution of Sentences handed down in the process of judicial review of decisions of the prison administration, because it is already ensured a double instance: administrative and judicial appreciation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 14 25. Featured also deserves the sentence handed down by the Court for the application of Penalties in case of dispute, upon petition to submit by the judgment creditor in the convicting court. If the entity liable for the implementation of the decision do not in the new deadline set by the Court, the proprietor of hierarchical powers or supervision is notified by the Court of enforcement of penalties for running the decision to replace that. 26. Outside chance of appeal to uniformity of jurisprudence, the prison administration can only appeal the decisions of the Court of Execution of penalties, in cases where the law confers legitimacy to claim the special process which is delivered the decision. This the only option consistent with the unique vision or override mainly an administrative background of executing custodial measures. 27. The principle of equal treatment of prisoners requires some stability in jurisprudential guidelines on enforcement of custodial measures-what stability means no crystallization of positions. Indeed, the primary purpose of social reintegration will be better promoted if unequal treatment does not offend the sense of Justice of the inmate. Hence, in this context, is more important to resolve conflicts of jurisprudence already arisen than prevent its occurrence through discussion of jurisprudence previously established for life. Therefore, it is justified to the standardisation of the jurisprudence only if, as a rule, by way of appeal of final decision. 28. the action in the interests of unity of law, determined or brought by the Prosecutor-General of the Republic, constitutes the last resort of the system – logo, will only be triggered in rare cases. Hence the forecast, in the process of implementation of a mandatory feature expanded to the contradiction of judgments given in the process of impeachment. On the one hand, the explosive issue of substances subject to impeachment process becomes so severe the contradiction of judged, that we must impose on the Public Ministry the obligation to resort to the standardisation of the jurisprudence. On the other, and PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 15 unable to appeal decisions in case of disputes, the standardisation of the jurisprudence is obviously not reachable through resource based on opposition from judgments of the Court of appeal. 29. Finally, it should be noted that, for the preparation of this Bill, were important contributions to the reports and projects arising from committees which developed its work in previous legislatures, the Ombudsman's recommendations, the work done by the General Inspectorate of Justice Services, the comparative study of systems of custodial measures in force in Spain, France , Italy and Germany, as well as the latest international guidelines on the matter, especially the shed in the recommendation and report of the Committee of Ministers of the Council of Europe, of 9 October 2003, relating to the management of Prison administrations condemned to life sentence or long-lasting, in the 2006 European Prison Rules and on recommendation No (2006) 13 of the Committee of Ministers of the Council of Europe on pre-trial detention the conditions under which this should be performed and the implementation of guarantees against abuses. Were heard the Superior Council of the Magistracy and the High Council of the Public Ministry. Were heard, on an optional basis, the Trade Union Association of Portuguese Judges, the prosecutors, the body of the prison guard Union, the Association of headteachers and Deputies, Prison workers Trade Union Association, the Committee on Prison religious freedom, Amnesty International and the Permanent Observatory of Portuguese Justice (Centre for social studies at the Faculty of Economics at the University of Coimbra). She was promoted to audition of the bar and of the Ombudsman.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 16 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 is approved the code of execution of Sentences and custodial Measures, published in the annex to this law and it is an integral part. Article 2 on-call Arrangements in housing is correspondingly applicable to the type of modification of the penalty referred to in paragraph b) of paragraph 1 of article 120 of the code of execution of Sentences and custodial Measures the provisions of paragraph 1 of article 1, article 2, paragraphs 2 to 5 of article 3, articles 4 to 6 , in paragraph 1 (b)) and c) of paragraph 1 of article 8 and article 9 of law No. 122/99, of 20 August. Article 3 amendment to book X of the code of criminal procedure articles 470.º, 477.º, 494.º, 504.º and 506.º of the criminal procedure code shall be replaced by the following: ' article 470.º [...] 1-the execution runs in their own selves to the President of the Court of first instance that the process has been running, without prejudice to article 138 of the code of execution of Sentences and custodial Measures.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 17 2-[...]. Article 477.º [...]-1 [...]. 2-the Public Ministry indicates the dates calculated for the term of the sentence and, in the case of admissibility of parole, for the purposes set out in articles 61 and 62, and in paragraph 1 of article 90 of the criminal code. 3 - […]. 4-the statement provided for in paragraphs 2 and 3 is approved by the judge and notice to the condemned and his lawyer. 5 - […]. Article 494.º [...]-1 [...]. 2 - […]. 3-When the decision does not contain the social reintegration plan or this should be completed, social reintegration services come to their development or redevelopment, heard the doomed, within 30 days, and submit to the approval of the Court. Article 504.º review of admission 1-Happening place the review provided for in article 96 of the criminal code, the court orders: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 18

the psychiatric expertise) or about the personality, and the report will be presented within 30 days; b) on their own initiative or at the request of the Prosecutor, the admitted or defender, steps that are of interest to the decision. 2-If, following the assessment of psychiatric expertise, concludes that there are favorable conditions, the magistrate may request social report containing analysis of the family, social and professional environment of the inmate. 3-the review takes place with the Public Ministry, the defender and the condemned, only the presence of this be waived if your state of health make hearing useless or infeasible. Article 506.º [...] Is correspondingly applicable as internment Article 479.º» article 4 addition to book X of the code of criminal procedure article 491.º is added to the code of criminal procedure: ' article 491º-the payment of fines to other entities 1-whenever, at the time of arrest to enforcement of prison subsidiary, the convict intends to pay the fine , but cannot, without serious inconvenience, make the payment in court, can carry it to the COP, on delivery of a receipt, I bet in triplicate of the warrant.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 19 2-out of the case referred to in the preceding paragraph or when the Court is closed, the payment of fines can still be carried out, against receipt, at the prison where the convict. 3-for this purpose provided for in the preceding paragraphs, the warrants must contain an indication of the amount of the fine, as well as the importance the cash for each day or portion of the property in which the accused was arrested. 4-10 days Us immediate, the police authority or the detention facility refer or deliver the amount received to the Court of conviction.» Article 5 amendment to law No. 3/99, of 13 January articles 91 and 92 of Act No. 3/99, of 13 January, are replaced by the following:% quot% article 91 1-Racing After the final transit of the judgment which determined the application of custodial sentence or detention order of freedom, it is for the Court of Execution of monitor and supervise its implementation and decide their modification , replacement and extinction, without prejudice to the provisions of article 371.º of the code of criminal procedure. 2-it is still the Court of Execution of monitor and oversee the implementation of the preventive arrest and internment, and their decisions be communicated to the Court to order that the defendant meets the coercive measure. 3-without prejudice to other legal provisions, it is for the courts of enforcement of sentences, on account of the matter: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 20 a) Approve individual rehabilitation plans, as well as therapeutic and rehabilitation plans of irresponsible and attributable psychic anomaly in carrier establishment intended to inimputáveis, and the related changes; b) Grant and revoke licenses of judicial output; c) Grant and revoke parole, probation and adaptation the freedom to test; d) to determine the implementation of ancillary penalty of expulsion, declaring the jail time, and determine the anticipated execution of the penalty of expulsion accessory; and the Technical Council) to convene, whenever necessary or when the law understand so provides; f) decide to challenge decisions processes of prisons; g) Define the treatment to match retained; h) confiscate and give destination to objects or valuables seized to inmates; I) decide on the modification of the execution of the prison sentence for prisoners suffering from serious illness, and irreversible evolutionary or serious and permanent disability or old age; j) Order compliance with the prison in continuous regime in case of input shortages in prision not considered justified by the convicted prison for days off or semidetenção;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 21 l) Revise and extend the security measure of relocation of inimputáveis; m) Decide on the provision of community work and about your revocation in cases of successive execution of security measures and custodial penalty; n) Determine the hospitalization or a stay of execution of sentence of imprisonment by virtue of psychic anomaly has arisen to the agent during the execution of the prison sentence and their revision; the) determine the compliance of the rest of the sentence or the continuation of the relocation by the same time, in the event of the withdrawal of the benefit of work in favour of the community or of the individual's probation subject to successive execution of security measures and custodial penalty; p) Declare the lapse of the amendments to the normal execution of the sentence, in the case of psychic fault simulation; q) Declare accomplished capital punishment imprisonment that specifically fit the crime committed by convicted relatively indeterminate sentence, having been refused or revoked parole; r) Declare the penalty of imprisonment, the penalty in respect of indeterminate and the security measure of internment; s) to issue arrest warrants, catch and release; t) Inform the victim of the release or escape of the prisoner, in the cases provided for in articles 23 and 97 of the code of execution of Sentences and custodial Measures;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 22 u) Instruct the procedure for the granting and revocation of pardon and their application; v) Utter the Declaration of default judgment and Decree the seizure of goods, as the convict who intentionally if there may not, in whole or in part, the execution of imprisonment or internment measure; x) decide on the provisional cancellation of any fact or decision entered in the criminal record; z) dismiss the appeal on the legality of the transcript in criminal record certificates. Article 92 prorogation Competes the Court of enforcement of Penalties to ensure the rights of inmates, in answer to the legality of the decisions of the prison services in the cases and terms laid down by law. ' Article 6 amendment of Act No. 144/99 of 31 August article 118 of law No. 144/99 of 31 August, is replaced by the following: ' article 118 [...] 1-it is the public prosecutor at the Court of enforcement of Sentences, on its own initiative or at the request of the person concerned, the transfer request.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 23 2-[...]. 3 - […]. 4 - […]. 5 - […].» Article 7 amendment to law No. 52/2008 of 28 August the articles 124 and 125 of the Act No. 52/2008 of 28 August, are replaced by the following: ' article 124 1-Racing After the final transit of the judgment which determined the application of custodial sentence or detention order of freedom, it is for the Court of Execution of monitor and supervise its implementation and decide their modification , replacement and extinction, without prejudice to the provisions of article 371.º of the code of criminal procedure. 2-it is still the Court of Execution of monitor and oversee the implementation of the preventive arrest and internment, and their decisions be communicated to the Court to order that the defendant meets the coercive measure. 3-without prejudice to other legal provisions, it is for the courts of enforcement of sentences, on account of the matter: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 24 a) Approve individual rehabilitation plans, as well as therapeutic and rehabilitation plans of irresponsible and attributable psychic anomaly in carrier establishment intended to inimputáveis, and the related changes; b) Grant and revoke licenses of judicial output; c) Grant and revoke parole, probation and adaptation the freedom to test; d) to determine the implementation of ancillary penalty of expulsion, declaring the jail time, and determine the anticipated execution of the penalty of expulsion accessory; and the Technical Council) to convene, whenever necessary or when the law understand so provides; f) decide to challenge decisions processes of prisons; g) Define the treatment to match retained; h) confiscate and give destination to objects or valuables seized to inmates; I) decide on the modification of the execution of the prison sentence for prisoners suffering from serious illness, and irreversible evolutionary or serious and permanent disability or old age;



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 25

j) Order compliance with the prison in continuous regime in case of input shortages in prision not considered justified by the convicted prison for days off or semidetenção; l) Revise and extend the security measure of relocation of inimputáveis; m) Decide on the provision of community work and about your revocation in cases of successive execution of security measures and custodial penalty; n) Determine the hospitalization or a stay of execution of sentence of imprisonment by virtue of psychic anomaly has arisen to the agent during the execution of the prison sentence and their revision; the) determine the compliance of the rest of the sentence or the continuation of the relocation by the same time, in the event of the withdrawal of the benefit of work in favour of the community or of the individual's probation subject to successive execution of security measures and custodial penalty; p) Declare the lapse of the amendments to the normal execution of the sentence, in the case of psychic fault simulation; q) Declare accomplished capital punishment imprisonment that specifically fit the crime committed by convicted relatively indeterminate sentence, having been refused or revoked parole;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/26 X r) Declare the penalty of imprisonment, the penalty in respect of indeterminate and the security measure of internment; s) to issue arrest warrants, catch and release; t) Inform the victim of the release or escape of the prisoner, in the cases provided for in articles 23 and 97 of the code of execution of Sentences and custodial Measures; u) Instruct the procedure for the granting and revocation of pardon and their application; v) Utter the Declaration of default judgment and Decree the seizure of goods, as the convict who intentionally if there may not, in whole or in part, the execution of imprisonment or internment measure; x) decide on the provisional cancellation of any fact or decision entered in the criminal record; z) dismiss the appeal on the legality of the transcript in criminal record certificates. Article 125 prorogation Competes even the Court of enforcement of Penalties to ensure the rights of inmates, in answer to the legality of the decisions of the prison services in the cases and terms laid down by law. '

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 27 Article 8 set 1-Norm: a) are repealed Decree-Law No. 265/79, of 1 August; b) Decree-Law No. 783/76, of 29 October; c) Law No. 36/96, of 29 August. 2-Are also repealed the following legal provisions: Articles 476.º, 480.º) to 486.º, 488.º, 503.º, 505.º, 507.º and 509.º, chapter II of Title IV and title V of book X of the code of criminal procedure; (b)) paragraph 3 of article 16 of law No. 57/98, of 18 August. Article 9 transitional provisions 1-the provisions of book II of the code of execution of Sentences and custodial Measures do not apply to proceedings commenced prior to its term, when their immediate applicability can result deterioration and avoidable situation still sensitive procedure of the inmate or breaking the harmony and unity of the various acts of the process continuing in these cases the procedures shall, by the end, the legislation now repealed. 2-the provisions of the preceding paragraph shall not prejudice the application of rules on renewal of instance in cases of probation. 3-for the purposes set out in article 145 of the code, are leading the first record recorded and cases filed after the date of entry into force of this law.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 28 article 10 entry into force this law shall enter into force 180 days after the date of its publication.

Seen and approved by the Council of Ministers of 21 January 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 29 ANNEX Code of enforcement of Punishments and custodial Measures Book I of enforcement of custodial sentences and measures title I article 1 scope of Application 1-the provisions of this Book shall apply to the enforcement of custodial sentences and measures of liberty in prisons under the Ministry of Justice and in establishments intended for the internment of inimputáveis. 2-this book is regulated by the General rules of the Prisons, hereinafter referred to as the Regulations. Title II general principles of implementation and of inmate rights and duties chapter I General principles article 2 1 execution purposes-the execution of penalties and security measures aimed at custodial agent reintegration in society, preparing to lead his life in a socially responsible way without committing crimes, protection of legal goods and the protection of society.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 30 2-the execution of custody and preventive internment aims to ensure the satisfaction of the precautionary requirements for your application. Article 3 guiding principles of implementation 1-the execution of custodial sentences and measures to ensure respect for human dignity and the fundamental principles enshrined in the Constitution of the Portuguese Republic, in the instruments of international law, the laws and regulations. 2-the implementation respects the personality of the inmate and their legal rights and interests affected by the enforceable judgment or decision applying to private measure of freedom. 3-the execution is impartial and cannot privilege, benefit, harm, deprive of any right or exempt from any duty any inmate, inter alia on grounds of sex, race, language, territory of origin, nationality, ethnic origin, religion, political or ideological convictions, education, economic situation, social status or sexual orientation. 4-the implementation, as far as possible, avoid the harmful consequences of deprivation of freedom and approaches beneficial conditions of life in the community. 5-the implementation promotes the sense of responsibility of the inmate, encouraging him to participate in the planning and execution of his prison treatment and social reintegration process, in particular through education, training, work and programs. 6-the execution is carried out, as far as possible, in cooperation with the community.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 31 article 4 guiding principles 1 Special-the execution of custodial sentences and measures applied to young people up to the age of 21 years must encourage especially the social reintegration and encourage a sense of responsibility through the development of specific activities and programmes in the areas of education, vocational training and guidance acquisition of personal and social skills and the prevention and treatment of additives. 2-the execution of custodial sentences and measures applied to over 65 years must comply with their specific needs and their State of health and autonomy, in particular guaranteeing them the necessary assistance in activities of daily living and ensuring conditions of accommodation, security, activities and programmes especially suited. 3-the execution of custodial sentences and measures applied to women must take into account their specific needs, particularly in terms of health, hygiene, maternity protection and parental education. 4-the execution of custodial sentences and measures applied to foreign prisoners or ethnic or linguistic minorities should, as far as possible, allow the expression of their cultural values, mitigate the difficulties of social integration or Portuguese language domain, namely providing contacts with consular or diplomatic entities or organizations to support immigrants, Portuguese courses , translation of documents or intervention of interpreters.



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Article 5 Individualization of executing 1-the execution of custodial sentences and measures shall be guided by the principle of individualization of treatment and prison is based on the assessment of needs and risks of each inmate. 2-the prison treatment consists of the set of activities and social reintegration programs aimed at preparing the inmate for freedom, through the development of its responsibilities, the acquisition of competences which will enable it to choose a socially responsible way of life, without committing crimes, and provide your needs upon release. 3-the prison treatment is programmed and gradual approach, staged to life free, through the necessary amendments to the implementing arrangements. Chapter II rights and obligations of the prisoner article 6 legal status of inmate inmate maintains the ownership of fundamental rights, save the limitations inherent in the sense of the enforceable judgment or decision applying to private freedom and the measure imposed, on the terms and limits of this code, for reasons of order and security of the correctional facility. Article 7 Rights of inmate 1-the execution of custodial sentences and measures guarantees the inmate, in particular, rights: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 33 a) to protection of their life, health, personal integrity and freedom of conscience, and may not be subjected to torture, nor to maltreatment or cruel, degrading or inhuman treatment; (b)) to the exercise of civil, political, social, economic and cultural, including the right to vote, except when that is incompatible with the meaning of the enforceable judgment or decision relating to application of the measure involving deprivation of liberty; c) freedom of religion and worship; (d)) to be handled by name and that the situation of seclusion is reserved by law, third parties; and to maintain contacts with the) abroad, notably by means of distance communication, visits or correspondence, without prejudice to the limits imposed for reasons of order, security and discipline or as a result of the execution of the sentence or measure involving deprivation of liberty; f) the protection of private and family life and to the inviolability of the secrecy of correspondence and other private media, without prejudice to the limitations arising from reasons of order and security of the correctional facility and the prevention of crimes; g) to keep you child up to three years or, exceptionally, up to five years, with the authorization of the holder of parental authority, since it is considered in the interest of the minor and the necessary conditions exist; h) to participate in work activities, education and training, education, religious, socio-cultural, sporting and civic and in programmes for the treatment of specific issues; I) to have access to the national health service on the terms and conditions that are provided to all citizens; j) to be personally informed, at the time of entry into the correctional facility, and clarified, where necessary, on their rights and duties and standards in force;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 34 l) to have access to his personal file and to be informed about their procedural situation and about the evolution and evaluation of the execution of the sentence or measure involving deprivation of liberty; m) to be heard, to submit requests, complaints, grievances and appeals and the challenge before the Court of execution of Sentences the legality of decisions of the prison services; n) to information, consultation and legal advice from a lawyer. 2-in the case referred to in subparagraph (g)) of the preceding paragraph, is provided to medical assistance and training activities and appropriate to their age and playful to your development needs. 3-The prison service is in conjunction with the competent public services in the areas of health, education, training and employment and safety and social action, ensure the effective exercise of the rights referred to in the preceding paragraphs, in accordance with the provisions of this code and of the General Regulation. Article 8 duties of the inmate during the execution of the sentences and custodial measures, the prisoner has, in accordance with the provisions of this code and of the General Regulation, the duties of: a) Remain continuously in prison up to the time of release, safeguarded the cases of release; b) get introduced on time in prision in term of release; c) comply with the rules and provisions governing life in prision and legitimate orders that receive prison officials in the performance of their duties;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 35 d) Observe correct conduct, including towards the prison officials, other persons performing functions in the prison, judicial authorities, law enforcement bodies and visitors; and Observe correct conduct) with the other inmates, and may not, under any circumstances, occupy the position that enables it to exercise any kind of power over these; f) Participate immediately the circumstances that pose considerable danger to life and health or of third; g) to submit to tests for consumption of alcohol and narcotic substances, as well as surveys of contagious diseases; h) respect the property of the State, prison staff, inmates and third parties; I) introduce clean and care; j) participate in the activities of cleaning, storage and maintenance of your accommodation, equipment and facilities and equipment in the prison. Title III article 9 prisons 1-Organization The prisons can be composed of one or more units, differentiated according to the following factors: the criminal legal Situation), gender, age, physical and mental health and other factors for specialization or individualization of treatment the prison inmate; b) security requirements; c) programs available;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 36 d) run Schemes. 2-Notwithstanding the previous paragraph, should be no prisons or units especially designed for the execution of custodial sentences and measures applied: a) the preventive prisoners; b) the inmates to comply with prison for the first time; c) to young up to 21 years or, where that proves to be beneficial to his prison treatment, up to 25 years; (d)); and the lack of convicts) special protection. 3-can still be created in mixed prisons for execution of sentences and custodial measures of inmates married or in de facto Union, with a view to mitigating the negative effects of incarceration on the family and affective ties that bind. 4-While not apply the diploma provided for in paragraph 3 of article 32, may still exist prisons or units of hospital or nature intended for the provision of special health care, including mental health, as well as intended for the inimputáveis or the chargeable admitted in court, establishment intended for inimputáveis, when these are not to be admitted to mental health unit prison not pursuant to paragraph 2 of article 126. 5-in prisons or units there are still sectors own specifically intended: a) the placement of the inmate after the ticket; (b)) the placement of the inmate in the cell of separation of the remaining prison population;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 37 c) the placement of the inmate in the security room with the clinical sector; d) for the execution of the disciplinary measure of internment in a disciplinary cell; and the reclusive) which is in a State of particular vulnerability. Article 10 1 Classification-The prisons are classified by order of the Member of Government responsible for the area of Justice, depending on the level of security, there are: the Special Security Establishments); (b) high-security establishments); c) medium security institutions. 2-Notwithstanding the rating in accordance with the provisions of the preceding paragraph, the prisons can include different security level units created by order of the Director-General of prison services. Article 11 structure and functioning of prisons the organisational structure, the working arrangements and the responsibilities of the bodies and services of the prisons are defined in the General Regulation. Title IV implementation arrangements article 12 modalities and features 1 – having regard to the evaluation of the inmate and their evolution over the execution, feathers and custodial measures are implemented in the common scheme, open or of PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 38

security, favoring what most encourages social reintegration, safeguarded the risks for the inmate and for the community and the requirements of order and security. 2-the execution of custodial sentences and measures in common system follows in establishing or high security unit and is characterized by the development of activities in common living spaces inside the establishment or prison unit and contacts with the outside world permitted under the law. 3-the execution of custodial sentences and measures under open takes place in establishment or prison medium security unit and promotes contacts with the outside world and the approach to community, admitting two modalities: a) the regime open inside, which is characterized by the development of activities on the perimeter of the prison establishment or vicinity, with attenuated surveillance; (b)) the scheme opened abroad, which is characterized by the development of activities in half free, without direct supervision. 4-the execution of custodial sentences and measures in security arrangements in establishment or prison unit special security and limits the life in common and contacts with the outside world, allowing activities compatible with the particular needs of maintaining order and security of personal and property legal goods. Article 13 common rules the inmate is placed in common system when execution of the sentence or measure involving deprivation of liberty may not be held in open, neither should be on security arrangements, in accordance with the following articles.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 39 article 14 open Scheme 1-the condemned inmate is placed under open, with your consent, if: a) is not to fear that subtract the execution of the sentence or measure involving deprivation of liberty or to take advantage of the possibilities that such a system affords to delinquir; and (b)) the regime show suited to your prison behavior, to safeguarding the order, security and discipline in the prison, the protection of the victim and to the defense of order and social peace. 2-Checked the assumptions of the preceding paragraph, are placed under open inside the inmates sentenced to imprisonment of duration equal to or less than one year. 3-Checked the assumptions of paragraph 1, may be placed under open inside the inmates sentenced to prison sentence of longer than a year, provided they have served one-sixth of the sentence. 4-the open regime abroad depends on the fulfillment of one-sixth of the sentence, in the case of a penalty not exceeding five years, or one-fourth of the sentence, in the case of pity more than five years, and, in any case, the enjoyment of a license of judicial output successfully. 5-the placement of the inmate in an open regime ceases if they verify the assumptions laid down in the preceding paragraphs, or if the inmate fails to fulfil the conditions established at the time of granting. 6-the placement of the inmate in an open regime and its termination are: a) the director of the prison, in the case of open regime inside; (b)) of the Director-General of prison services, in the case of open regime abroad.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 40 7-placement decisions under open inside, as well as termination of this, shall be communicated to the Director-General of prison services. 8-placement decisions in open regime abroad, as well as termination of this, is communicated to the public prosecutor at the Court of enforcement of penalties for verification of legality. 9-the inmates placed in open regime are subject to periodic or random realization of the tests referred to in subparagraph (g)) of article 8 article 15 1 safety Regime-the inmate is placed in security arrangements when their legal situation or criminal behavior in prison reveal, courts danger incompatible with allocation to any other regime. 2-is likely to reveal the danger referred to in the previous paragraph: a) the indictment or conviction by the practice that set up terrorism, violent or highly organized crime or the existence of strong suspicion of involvement in this type of crime, sustained on written information provided by court, criminal police or security service; (b)) the assumption of long-term behaviors that represent serious danger for legal goods or assets or for order, discipline and prison security, in particular those which result in intimidation, exploitation or other conditioning inmates or employees; c) the serious danger of evasion or taken, upheld on written information provided by criminal police bodies, security service or by the prison service.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 41 3-access to the documents referred to in (a)) and (c)) of the preceding paragraph may be denied to the inmate, as determined by the Director-General of prison services, because they are classified, in accordance with the law, or for reasons of order and security. 4-placement decisions, maintenance and termination are well-founded security arrangements and compete to the Director-General of prison services. 5-the execution of custodial sentences and measures in security arrangements must be reviewed within six months or three months in the case of inmate aged up to 21 years, and can be at any time if there are changed circumstances. 6-installation and maintenance decisions in security are communicated to the public prosecutor at the Court of enforcement of penalties for verification of legality. Title V entry, employment, prison treatment programming and Liberation article 16 principles of 1 ticket-a ticket of the inmate shall take place without the presence of other inmates and with respect for your privacy. 2-The inmate are immediately notified of their rights and duties, explained and translated if necessary, and guaranteed the right to contact family, someone you trust and lawyer. 3-The foreign prisoner or stateless person is also guaranteed the right to contact their diplomatic or consular authority or another representative of their interests. 4-The inmate is delivered where containing document their rights and duties.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 42 5-the inmate is subject to personal magazine, with respect for their dignity and integrity, and by their sense of modesty. 6-the objects, values and inmate documents are examined, inventoried and properly stored. 7-the ticket of the inmate is registered. 8-the inmate is submitted to the director of the prison with the as soon as possible. 9-the General Regulation applies the admission procedures. Article 17 Admission the admission of inmate in prison can only take place in the following cases: a court order determining) the execution of the sentence or measure involving deprivation of liberty; b) Warrant for arrest; c) captures, in case of circumvention or unauthorized absence; d) voluntary Presentation, which is subject to confirmation by the competent court; e) decision of the competent authority in the field of international judicial cooperation in criminal matters; f) transfer; g) In transit between prisons.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 43 article 18 individual inmate Process 1-for each inmate is organized a single personal file concerning your situation and that prison is opened or reopened at the time of admission and accompanies him during his prison route, even in case of transfer. 2 – the process is not reopened if refer to facts already cancelled from criminal records, in which case opens a new process. 3-the personal file contains all the necessary elements for the achievement of the purposes of the execution, including the individual rehabilitation plan and the needs of security and order in the establishment. 4-A consultation of individual process is limited to the inmate or his lawyer, the direction of the establishment, the technicians responsible for monitoring of the inmate, the responsible for surveillance services, probation services and inspection services, getting people who access required by the obligation of professional secrecy, even after the expiry of his or her duties. 5-access to classified documents and personal documents of third parties included in the personal file shall be governed by the provisions of general law. 6-When the director understands that knowledge of certain elements contained in the personal file can undermine order and security in the prison, determines that access to these elements is reserved for who is authorised by you.



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Article 19 inmate assessment 1-after entering prison, the inmate is housed in own sector intended for the admission, where it remains for a period not exceeding 15 days, starting immediately its evaluation by collecting elements that, within 72 hours after admission, the director of the establishment determine: the) health care to be provided to the inmate through clinical evaluation; b) security requirements, taking into account the possible danger of escape, the risks to the safety of others or the particular vulnerability and the inmate; c) the support to the inmate in the resolution of personal, family and professional issues. 2-the evaluation of the inmate sentenced takes into account, inter alia, the nature of the crime committed, the sentence, the family and social medium, the education, health, the eventual State of vulnerability, risks to the security of own and third parties and the danger of escape and the risks to the community and to the victim. 3-up-to-date information on the family and social means of inmate, as well as on any previous execution, is collected and transmitted by social reintegration services, and may be asked additional elements with other entities. 4-If the reclusive der entry in prision already which has the force of res judicata, the evaluation and the appropriate prison treatment or individual rehabilitation plan, whenever this is required, are completed within 60 days.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 45 5-evaluation of the preventive recluse, bearing in mind the principle of presumption of innocence, is completed within 60 days and aims to collect information necessary for the appropriate allocation, at the choice of the system of execution and, with their consent, to the inclusion in the activities and programs of treatment. 6-for the purposes of the review of the assumptions or decision on withdrawal or substitution of pre-trial detention, in accordance with the code of criminal procedure, the judge may take into account the assessment referred to in the preceding paragraph. 7-If the inmate is preventative which has the force of res judicata, if, within 60 days, to update their evaluation and appropriate prison treatment programming or the development of individual rehabilitation plan, whenever this is required. Article 20 Allocation to prison or 1 unit-the allocation takes into account the Organization of prisons and inmate assessment, bearing in mind also: the penal legal situation), the sex, the age and health of the inmate, the previous compliance of prison sentence, the nature of the crime committed and the duration of the sentence; b) order and safety requirements; c) the system of execution of the sentence; d) the closeness of your family, social and professional medium, the advantages in promoting it and the approach to life; and) the need to participation in certain programmes and activities; f) the need for special protection. 2-as far as possible, the inmate convicted should be heard on their employment.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 46 3-assignment to correctional facility or unit is the responsibility of the Director-General of prison services, being communicated to the competent courts and other entities in accordance with the General regulations. Article 21 individual rehabilitation Plan 1-, sum of the feathers or part of the sentence not exceeding one year, accomplished the prison treatment is based on an individual plan of rehabilitation, which is periodically reviewed and updated, in accordance with General regulations. 2-regardless of the length of the sentence, the individual plan of upgrading is mandatory in cases of prisoners up to the age of 21 years or conviction on sentence relatively undetermined. 3-the individual rehabilitation plan is aimed at preparation for freedom, establishing appropriate measures and activities to the prison treatment of the prisoner, as well as its duration and phasing, in particular in the fields of education, training, work, health, socio-cultural activities and contacts with the outside world. 4 – the individual rehabilitation plan based on the evaluation of the inmate, pursuant to article 19. 5 – On individual rehabilitation plan should seek to obtain the participation and membership of the inmate. 6-in the case of inmate, the individual rehabilitation plan is also drawn up with the participation of the parents, the legal representative or who has the custody, if there is benefit to their social reintegration. 7 – the individual rehabilitation plan and its amendments shall be approved by the director of the correctional facility and approved by the Court of execution of Sentences.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 47 8-A copy of the individual rehabilitation plan and its updates are delivered to the inmate. Article 22 1-Transfer the inmate may be transferred to prison or drive other than the one to which it is assigned, for reasons of prison treatment, approach to family and social means, of individual plan of rehabilitation, medical treatment and of order and security and for procedural reasons. 2-as far as possible and safe oppose founded and security reasons, the inmate is heard on the proposal for a transfer. 3-the decision is based and the duties and responsibilities of the Director-General of prison services, on its own initiative, on a proposal of the establishment or the request of the inmate, being communicated to the competent court and, unless founded and security reasons, to own and the person indicated by him. 4-the prisoner transport shall take place under conditions which ensure the privacy of the inmate and the lighting and ventilation, adequate security. 5 – the General Regulation provides for the procedures for the transfer and transport of prisoners. Article 23-1 release warrant the inmate is freed by court order. 2-In case of emergency, the release may be ordered by any means of communication, duly authenticated, referring later to the respective warrant.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 48 3-When considering that the release of the inmate can create danger for the victim, the Court informs the date of release. Article 24 time of 1 release-the release takes place during the morning of the last day of the completion of the sentence. 2-If the last day of the fulfilment of the penalty is Saturday, Sunday or holiday, the release may take place in the immediately preceding working day if the duration of the sentence and to justify not contrary to reason. 3-When the reasons referred to in the preceding paragraph shall permit and the national holiday is on December 25, the release may take place during the morning of the day 23. 4-the moment of liberation can be anticipated for two days, when pressing reasons of probation warrant. 5-the preceding paragraphs shall not apply to the prison in semidetenção regime or prison subsidiary of fine, when you don't have lasting 15 days. 6-it is the director of the correctional facility to choose the moment of liberation, within the limits laid down in the preceding paragraphs. Article 25 1 Release-whenever possible, the inmate is examined by the doctor in time before the release and, in the case of the doctor to consider in writing that the immediate output represents danger to his life or serious danger to their health, the director of the prison, obtained the consent of the inmate, may authorize your stay on this for the time strictly necessary to achieve the entry into appropriate health facility on the outside, and should request the involvement of health services and social support.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 49 2-the system provided for in the preceding paragraph shall apply to the release of inmate during pregnancy or puerperium or after interruption of pregnancy. 3-the authorization referred to in paragraph 1 shall be notified to the Director-General of prisons and the Court which issued the warrant of liberation. 4-at the time of release, are returned to the inmate the objects, values and documents. 5-the General Regulation applies the procedures to be followed at the time of release. Title VI prison Facilities, clothing and feeding prison Facilities article 26 chapter I 1 Accommodation-inmates are housed in single cell. 2-prisoners can be housed in common, depending on the implementation schemes and for family reasons, treatment of physical or psychological risk prevention, since that order and security reasons not desaconselhem. 3-outside the cases referred to in the preceding paragraph, the inmates can only be housed in common in case of temporary insufficiency of accommodation. 4-The accommodation spaces respect the dignity of the prisoner and satisfy the requirements of safety and livability, particularly with regard to hygiene, natural and artificial light, the weather, ventilation, furniture and cubic content.

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5-the recluse who, pursuant to this code, keep you younger son, is housed in facilities appropriate to the life in common to both. 6-the inmate can keep you personal and daily life, duly registered, which by its value and use do not undermine the order, safety and discipline of the prison, and prison services provide the inmate means enabling it to store these objects safely. 7 – is assured by the inmate the opportunity to contact permanently with surveillance staff and security. 8-the general regulation regulates the existing equipment in the accommodation spaces and the conditions for its use, ownership and use of objects by the inmate and the permanence of minor child in prison. Article 27 1 – Hygiene is ensured to inmate access to sanitary facilities and hygiene conditions to ensure, as far as possible, your privacy. 2 – are provided to the inmate a daily bath, at a temperature appropriate to the season, and the articles and utensils necessary for maintaining personal hygiene and your accommodation, in accordance with the terms and conditions laid down by regulation. 3-bath and haircut or shaving can be imposed for health reasons private. Article 28 Ownership of objects and values 1-the inmate can only have in your power objects and allowed values in accordance with paragraph 6 of article 26 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 51 2-objects and values prohibited by general law are seized, by giving them the fate that determine. 3-the objects and values prohibited under this code and the General Regulation are also seized, proceeding as follows: a) are destroyed those deemed irreparably damaged and unable of any useful application and that may jeopardise the physical integrity of third or, without prejudice to their preservation by the time required for evidentiary purposes or criminal investigation; (b)) the rest have the target laid down in the General Regulation and may, as appropriate, be returned to third indicated by the inmate, deposited and delivered at the time of release or reported lost by the Court of execution of Sentences. Article 29 facilities for activities of daily living 1-prison establishments have installations and equipment with suitable to the needs of daily life, including education, training, work, health, hygiene, socio-cultural and sporting. 2-the General rules on the conditions of use of the premises for activities of daily living. Chapter II and article 30 power Clothing and bed linen 1-the inmate can use clothing, since appropriate and he kept in good storage conditions and hygiene.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 52 2-the General Regulation may provide that prisoners placed under Security use clothing provided by the prison. 3-the clothing provided by the prison must be adapted to weather conditions, may not be degrading or humiliating characteristics, is kept in good storage conditions and hygiene and replaced where necessary. 4-in the course of exit permits the inmate uses the own clothing or other than them readily identifiable as inmate. 5-the prison provides bed linen suitable for the season, which maintains and replaces to ensure their good state of repair and cleaning. 6-the general regulation regulates the quantities, types, conservation and destruction for hygienic reasons. Article 31-1 Power ensures the prison inmate meals in quantity and quality to meet the dietary requirements, the specific needs of youth, health, nature of the work done, season and weather and, as far as possible, to their philosophical and religious beliefs. 2-the inmate must have permanently at their disposal drinking water. 3-the inmate may receive small food offerings from abroad unless it is placed in the security regime, and purchase at their own expense, through the prison canteen, foodstuffs and products or objects useful for your daily life, since reasons of health, hygiene and safety the desaconselhem. 4-the General Regulation has on food that the inmate can receive from overseas or purchase at their own expense, in particular the type, quantity, packing and frequency.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 53 title VII article 32 Health general principles of health protection 1-after entering the prison and during the enforcement of custodial sentence or detention order of freedom, including output, is guaranteed to inmate access to health care on quality and continuity conditions identical to those provided to all citizens. 2-the inmate is, for all intents and purposes, wearer of the national health service. 3 – access to and delivery of health care are provided under the terms of Decree-Law and the regulation itself. 4-the inmate may, at its own expense, be assisted by doctor you trust, in conjunction with the clinical services of the prison. 5-The abused prisoners, psychological or physical sex is guaranteed access to specific care. 6-every inmate matches a single clinical process, accompanying him during his prison route, including in case of transfer, and your confidentiality is guaranteed in general terms. Article 33 1 health promotion and defence-are provided to the inmate advice and information in order to: maintain their personal hygiene), the space of accommodation and other facilities at the prison;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 54 b) Adopt healthy lifestyles, preventing risk behaviour and abstaining from harmful acts of his personal integrity and that of third parties; c) Cooperate, in accordance with the law, with the actions of prevention promoted by the national health service and the prison service; d) below, in accordance with the law, the requirements and procedures as laid down by the competent health personnel. 2-Can be imposed to inmate surveys of contagious diseases, according to the guidelines of clinical services. 3-can be carried out, with the consent of the inmate, screenings of communicable diseases, according to the guidelines of clinical services. Article 34 health care as an outpatient and hospitalisation prison not 1-the director of the correctional facility may, on a proposal of the clinical services, authorise the removal of the inmate to receive outpatient care. 2-the recluse pregnant is allowed to give birth in hospital. 3-the internment in prison not health unit depends on permission from the Director-General of prison services, except medical emergency, in which case the director of the correctional facility determines the internment and report immediately to the Director-General. 4-monitoring of inmate admitted is guaranteed by the prison service. 5-the inmate admitted are entitled to receive visits in accordance with this code, without prejudice to the limits imposed because of medical reasons or of order and security and by hospital regulations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 55 article 35 health care tax 1-coactivamente interventions and surgical treatments and the power cannot be coactivamente taxes, except in cases provided for in this article and in accordance with the law. 2-interventions and surgical treatments may be coactivamente on the inmate in the case of danger to life or of serious danger for the body or the health of other people. 3-interventions and surgical treatments and can still be coactivamente taxes if there is danger to life or serious danger to the body or to the health of the inmate and if you remove the insight required to assess the meaning and scope of the refusal. 4-interventions and surgical treatments and coactivos are limited to what is necessary and may not create danger for life or serious danger to the body or to the health of the inmate. 5-interventions and surgical treatments and coactivos are ordered by reasoned order of the director of the prison and executed or given under medical direction, without prejudice to the provision of first aid when the doctor cannot appear in good time and the delay involve danger to life or serious danger to the body or health of the inmate. 6-interventions, surgical treatments and coactivamente are immediately communicated to the Director-General of prison services.



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Article 36 Communication in case of hospitalization, serious illness or death 1-serious illness or hospitalisation of inmate are disclosed with your consent, the person indicated by him. 2-If the health condition of the inmate stop giving consent and there is no statement to the contrary prior to this State, the hospital stay is communicated to the spouse or the person of another or of the same sex with whom the inmate to maintain a relationship comparable to that of spouses and their lawyer. 3-the death of inmate is communicated to the persons referred to in the preceding paragraphs, the Director-General of prison services, competent courts, the Attorney General of the Republic, civil identification services, social security and tax administration and, in the case of a foreigner, to the diplomatic or consular representative and the service of Foreigners and borders. 4-Notwithstanding the previous paragraphs, with evidence of violent death or of unknown cause, preserves the site of the occurrence and immediately informed the police, the Public Ministry and the competent health authorities, in accordance with the General regulations. Article 37 1 clinical staff Duties-it is the physician or other person legally authorized to exercise functions in prision follow the evolution of the physical and mental health of the prisoners and, in particular: a) ensure observation of the inmate, in the cases and with the frequency required in this code and the Regulations;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 57 b) keep up the inmate's individual clinical process, with all the complaints and results and the detailed description of accidental injury or resulting from direct action of own or third party; c) Create, in conjunction with health services abroad, the conditions necessary for the continuation of medical treatment after the release of the inmate. 2-clinical staff communicates immediately, in writing, to the director of the prison: a) the existence of diseases that require special measures for reducing risks of transmissibility; b) withdrawal symptoms of narcotic, consumption of drugs or alcohol; (c) psychological or emotional pressure) related to the deprivation of freedom, particularly in the case of inmates in security arrangements; d) the existence of indicative signs of physical violence; e) physical or mental health problems that may hinder the process of social reintegration; f) changing the physical and mental fitness of the inmates to work and other activities offered by the prison. 3-the physician or other person legally authorized carrying out regular inspections to the detention facility and present the principal recommendations: a) quantity, quality, preparation and distribution of food; b) hygiene and cleaning the prison and of the person of the inmates; c) sanitary installations, heating, lighting and ventilation of the prison.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 58 4-the director of the correctional facility takes into account the information referred to in paragraph 2 and the recommendations referred to in the preceding paragraph and gives them proper compliance, or, if you disagree with them, forward them, together with its opinion to the Director-General of prison services. Title VIII education, training, work, programmes and activities and vocational training Education chapter I article 38 1-Education Education is organised in connection with vocational training and work, in order to promote employability conditions and social reintegration, within the framework of national policies for education and employment and adult education. 2-the compulsory education is ensured as a matter of priority the inmates young or uneducated. 3-Must promote the frequency by the inmate from other levels of education, in particular by means of distance learning. 4-The inmate with special needs education is guaranteed the support that allows you to access to education under the same conditions as those of other inmates. 5-The reclusive mother tongue foreign different from Portugal, is guaranteed access to Portuguese language teaching programmes, at least when the penalty time serving more than a year. 6 – certificates of qualifications or diplomas cannot work the reclusive condition.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 59 7-the ministries responsible for education and higher education ensure teaching activities in prisons, in accordance with the law. Article 39 1 education incentives-the regular frequency of teaching courses is considered working time, being assigned to the inmate a amount to be fixed by order of the Member of Government responsible for the area of Justice. 2-school use, attendance and behavior in the educational area are taken into account for the purposes of relaxation of enforcement and for the purposes of the award of prizes. 3-the General Regulation applies the substances referred to in the preceding paragraphs. Article 40 1-vocational training in prisons are developed training and professional improvement, considering the needs and skills of the prisoner, emphasizing their employability. 2-the Organization of vocational training is part of national policies for education and training for adults and takes into account existing resources in prisons in terms of work and development of production activities. 3-the Organization of vocational training caters especially to the specific needs of young prisoners or with special educational needs. 4-the regular frequency of training and professional improvement is considered working time, the inmate training scholarship, in accordance with the conditions and terms laid down by law and regulation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 60 5-exploitation, attendance and behavior training and professional improvement are taken into account for the purposes of relaxation of execution of the sentence. 6-frequency certificates of training and professional improvement cannot result the reclusive condition. Chapter II work and occupational activity article 41 General principles of work 1-aims to create, maintain and develop the skills and competencies to carry out prisoner a work activity after release. 2-Must be provided to the inmate, according to the offers available, work in production units of business nature, taking into account their skills, capacities, preparation and preferences, without prejudice to the access to education and vocational training and participation in programmes as referred to in the next chapter. 3-the work must respect the dignity of the prisoner and the conditions of hygiene, health and safety required for similar work in freedom, and may not be assigned, in particular, hazardous or unhealthy tasks, nor be harmed their right to rest and leisure. 4-the work is not only lucrative purposes subordinate or the economic interests of the correctional facility or a third party. 5-equitable remuneration is payable for work done. 6-attendance and commitment of inmate labour activities are taken into account for the purposes of relaxation of execution of the sentence.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 61 article 42 organization of work 1-the work is performed inside or outside of prison and can also be promoted with the collaboration of public and private entities under the supervision and coordination of prison services, comprising: a) the work in productive units of business nature; b) work organized by the prisons in their own facilities, which don't fit in (a)), and ancillary services and maintenance of facilities and equipment. 2-the Organization and working methods of approaching that applicable in freedom, in order to prepare the inmate for normal working conditions similar of life in society. 3-the inmate may be authorised by the director of the correctional facility to work on their own, under his prison treatment planning. Article 43 Work on production units of nature 1-business work in productive units of business nature is based on a special legal relationship work, whose discipline has its own diploma. 2-work on production units of business nature can be organized by prison or promoted with the collaboration of public and private entities. 3-the special legal relationship of work referred to in paragraph 1 follows the general scheme of work relations in freedom, subject to the limitations arising from the implementation of custodial measures.

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3-the diploma referred to in paragraph 1 determines the subject of special legal relationship of employment, their rights and duties, in particular as regards remuneration, time, duration, rest without loss of remuneration, social contributions, access to unemployment benefit and the other mechanisms of social protection, protection for accidents at work and occupational diseases, suspension and dissolution of the employment relationship and the development of economic activities by other entities in prisons , including support and incentives to these entities. 4-the diploma referred to in paragraph 1 regulates also the work of business nature carried out on their own. Article 44 Work developed by prisons 1-at work organized by the prisons in their own facilities that don't fit in (a)) of paragraph 1 of article 42 and the provision of ancillary services and maintenance or improvement of prison facilities and equipment is due remuneration fixed by order of the Member of Government responsible for the area of Justice , having regard to the nature of the activity or service and its duration. 2-the inmates who provide the services referred to in this article shall enjoy protection in respect of accidents at work and occupational diseases in general terms. Article 45 occupational Activity 1-To inmates is provided to carry out occupational activities of artisanal nature, intellectual or artistic, according to existing availabilities in each correctional facility. 2-the net revenue from the occupational activity is attributed to the inmate.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 63 article 46 fate and distribution of the remuneration 1-salaries and other revenues are divided into four equal parts, which are earmarked for the setting up of funds with the following purposes: to) personal use by the inmate, particularly in their daily life; b) support for social reintegration, to be delivered to the inmate at the time of his release and, exceptionally, enjoyment of exit permits; c) payment, by this order, damages, penalties, costs and other obligations emerging from the conviction; d) payment of maintenance obligations. 2-in the case of the condemned is not subject to the obligations laid down in point (c)) or d) of the preceding paragraph, the amount that corresponds to them shall be divided in equal parts by the remaining funds. 3-Given the special circumstances, the Director General of the prison service may allow a different apportionment of provided for in this article. Chapter III article 47 Programs guiding principles 1-the execution of custodial sentences and measures the frequency of specific programs that allow the acquisition or the strengthening of personal and social skills in order to promote the orderly coexistence in prision and to encourage the adoption of socially responsible behavior.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 64 2-programmes are differentiated, taking into account the age, sex, ethnic and cultural origin, the State of vulnerability, and criminal problems, the specific needs of social rehabilitation of the prisoner and the criminógenos factors, namely additives behaviors. 3-programmes, in view of their purpose, may provide the tests referred to in subparagraph (g)) of article 8. 4-the inmate can participate, with their consent, in restorative justice programs, including through mediation sessions with the offended. 5-the frequency of programs within the prison treatment planning can be considered working time, which may be attributed to the reclusive subsidies amount to be fixed by order of the Member of Government responsible for the area of Justice. 6-the inmate's participation in programs is taken into account for the purposes of relaxation of execution of the sentence. Article 48 the design and implementation of programmes 1-in the design, implementation and evaluation of programs, the prison services can obtain the collaboration of academic institutions and other specialized entities. 2-the programs are approved by the Minister of Justice, on a proposal from the Director-General of prison services.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 65 Chapter IV article 49 Activities socio-cultural and sporting Activities 1-are organized in prisons socio-cultural and recreational activities, in particular through the existence of libraries, reading service, video libraries and diversified cultural animation programmes, of which prisoners can enjoy, in view of their well-being and the development of their skills. 2-in prisons are organized sporting activities, under appropriate technical guidance, to ensure the physical and psychological well-being of the inmate and to encourage the spirit of ordered social coexistence. 3-the inmate should be encouraged to participate in the programming and in the organisation of the activities referred to in the preceding paragraphs, without prejudice to the maintenance of order and security. 4-the General rules on the conditions of organization and enjoyment of these activities. Article 50 1 free-Time activities at the prison are organised to ensure the inmate recreation and rest, in accordance with the General regulations. 2-the inmate can organize their own free time, with respect to discipline, order and security of the correctional facility.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 66 Article 51 Remain Open 1-The inmate is guaranteed the right to remain in the open, for a duration of not less than 2 hours per day, in spaces that offer protection against adverse weather conditions. 2 – In exceptional cases expressly provided for in this code, the period referred to in the preceding paragraph may be reduced, and may never be less than 1 hour per day. social and economic Support title IX article 52 general principles 1-the situation of confinement shall not affect the right to social security benefits provided by law. 2-in the course of the execution of custodial sentences and measures is provided social and economic support to the inmate and his household who lack, to promote and maintain social ties and family and strengthening the conditions of probation. 3-the situation of seclusion doesn't absolve the competent public bodies providing social and economic support within their respective duties, in particular in terms of safety and social action, employment, vocational training, education and health.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 67 article 53 1 job-promotion to the prison services, in conjunction with the public employment services and vocational training, with a view to future actions work placement of inmates. 2-the situation of confinement shall not preclude the entry of inmate employment centres, and this being promoted by the prison services until at least three months prior to the date the predictable release. 3 – individuals who have served time or private measure of freedom and find themselves unemployed may benefit from special measures and programmes to promote employment. Article 54 1-social and economic support for the social and economic support is provided according to criteria of need, reasonableness and adequacy to execution purposes, taking into account the means available and the duty of management responsible for the prisoner of its own resources. 2-social support is aimed at, inter alia, contribute to the resolution of personal or family problems arising from the situation of confinement and care, information and referral to other public and private entities. 3-economic support consists in the allocation of cash benefits or in kind, for the purpose of: a) Mitigate urgent needs of the inmate's family that this depends on economically, in particular by granting social insertion income; (b) Facilitate the implementation of contacts) with the exterior, especially personal visits;

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c) contribute to the cost of transportation and maintenance, when they are granted licenses of jurisdictional and administrative output of short duration and of preparation for freedom; d) contribute to the immediate expenses with transport and maintenance shortly after the release of the inmate; e) support the development of professional projects the inmate after his release, including from self-employment. 4-social and economic support provided for in this article shall be provided in accordance with procedures to be decided by the members of the Government responsible for the areas of Justice, the labour and Social Security. Article 55 private institutions and voluntary organisations 1-The prison services encourage, in conjunction with other entities, in accordance with the General Regulation, the participation of private institutions and voluntary organisations, in particular: (a)) in developing cultural and nature activities leisure occupation; (b)) in the social and economic support to prisoners and their families; c) In activities relevant to the process of social rehabilitation, in particular support for employment and accommodation. 2-private institutions and voluntary organizations collaborate, in accordance with General regulations, in the Organization of activities contributing to keep the foreign prisoner connected to their culture of origin.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 69 3-The prison services ensure the appropriate framework for private institutions and voluntary organisations, including through the selection, accreditation and training of volunteers. 4-The prison services should keep the community informed about the objectives and results of the work carried out in the prison system, so as to encourage the participation of that in the execution of custodial sentences and measures. Title X religious counseling article 56 freedom of religion and worship 1-are guaranteed to the inmate the freedom of conscience, of religion and of worship and the right to religious assistance and the practice of acts of worship, and created the right conditions. 2-the realisation or participation in acts of worship, the possession of religious objects and the assistance of Ministers of worship may only be restricted for reasons of order and security of the correctional facility, heard, whenever possible, the Minister of worship. 3-the inmate cannot be forced to participate in any act or religious ceremony or receiving visits of any Minister of worship. 4-religious assistance takes place outside normal visitors, and may, in case of serious illness of reclusive, take place outside of the days and hours regulations. 5-the General Regulation applies the conditions in which they are exercised the rights and freedoms referred to in paragraph 1.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 70 article 57 Ministers of worship-1 is allowed the religious assistance to prisoners by their Ministers of worship, accredited under the law of religious liberty. 2-can collaborate on religious assistance to prisoners, with permission of the director of the prison, others accredited for this purpose by the respective church or religious community, and the credentials to be authenticated by the register of legal persons. 3-When the number of inmates who profess the same religious belief justifies it, regular religious assistance is permitted. Title XI contacts with overseas Visits, chapter I article 58 general principles 1-the prisoner has the right to receive visits, in accordance with the provisions of this code and of the General Regulation. 2-the visits are aimed at maintaining and promoting family ties, affective and professionals of the inmate. 3-the visitation period cannot be less than 1 hour a week, and the visits take place in suitable place to respect for the dignity and privacy of the inmate and the people who visit it.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/71 4 X-children under 16 years can only visit the inmate if they are his descendants or assimilated, brothers or people with whom the inmate personal relations. 5 – applies the system of visits to contacts that the prisoner is authorized by the director to maintain through the video conferencing system of prison. Article 59 1-personal Visits the inmate is entitled to receive regular visits from the spouse or person of another or of the same sex, who keep a relationship comparable to that of spouses, family members and other people who hold significant personal relationship. 2-the inmate may receive visits extended family members and other people who hold significant personal relationship, on special occasions, by reason of particular human or religious significance. 3-the recluse who didn't benefit from outbound licenses can receive private visits from spouse or regular person of another or of the same sex, who keep a relationship comparable to that of spouses or a stable affective relationship. 4-The inmates placed under safety are not authorized the visits provided for in paragraph 2. Article 60 occasional and urgent Visits should be allowed to the prisoner visits required for resolution of personal affairs, legal, economic or professional, unable to be treated by letter or through third or postponed until the date of release.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 72 article 61 visits from lawyers, notaries, conservatives and solicitors 1-the prisoner is entitled to receive a visit from a lawyer, notary, conservative or solicitor, in own time set in conjunction with the respective entities representing the profession and appropriate for the resolution of legal issues relating to it, subject to the authorisation of urgent visits. 2-the visitors ' control is done using detection equipment and for display of the inside of the folder or similar object that do follow. 3-During the visit is the confidentiality of the talks. 4-During the visit can only be exchanged with the reclusive necessary documentation to the treatment of legal issues relating to it and its contents be controlled. Article 62 diplomatic or consular entities visits The diplomatic or consular entities can visit the reclusive abroad, in accordance with law and applicable international conventions, on schedule and conditions set for the visits of lawyers. Article 63 monitoring and control 1 – personal visits provided for in paragraphs 1 and 2 of article 59 are held in place, under the supervision necessary, proportional and adequate to the satisfaction of demands of order and security. 2-the auditory control of visits may take place only in so far as is strictly necessary to ensure order and security in the prison.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 73 3-personal visits provided for in paragraph 1 of article 59 to prisoners placed under Security in place to ensure full physical separation between inmate and visitor, unless exceptionally authorised by the director, as set out by regulation. 4-the control of visitors is done using detection equipment by palpation and by magazine to clothing, footwear, chest or similar object, with respect for their dignity and integrity, and by their sense of modesty. 5-it is forbidden to visitors ' magazine by denudation. 6-During the visit is not allowed to direct delivery of things and values, with the exception of the case provided for in paragraph 4 of article 61 article 64 1-visit stop the visit may be interrupted if the inmate or the visitor, after warning, persist in violation of legal or regulatory standards or put at risk the order, safety and discipline of the prison. 2-the interruption of visit is immediately communicated to the director of the correctional facility. Article 65 authorization and ban on visit 1-the director of the correctional facility may not authorize the visit when you don't check the assumptions set out in this chapter and may prohibit visits from people who endanger the safety and order of the establishment or may harm the social rehabilitation of the prisoner. 2-the prohibition of visits cannot be longer than six months.

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3 – the expiry of prohibition laid down pursuant to paragraph 1 and the conditions referred to in paragraph 1, the director may propose to the Director-General of prison services that determine the prohibition of visits by new period, lasting up to six months, renewable for equal periods of time. 4-not decisions of ban and to extend the prohibition of visits are justified and communicated to the inmate. 5-the inmate can challenge the legality of the authorization decisions, to ban and to extend the ban on visits to the Court of execution of Sentences. 6-the provisions of this article shall not apply to visits provided for in articles 61, 62 and 66 article 66 visits to prisons 1-without prejudice to the provisions of other legal provisions, can visit the prisons, in the course of their duties: a) the President of the Republic, the President of the Assembly of the Republic, the Prime Minister, the President of the Supreme Court of Justice , the President of the Constitutional Court, the Minister of Justice, Attorney General of the Republic and the Chairman of the bar; (b)) the other holders of the organs of sovereignty and public prosecutors; c) The representatives of international organizations with responsibilities in matters relating to the promotion and protection of the rights of prisoners, in accordance with international conventions in force in Portugal; d) persons accompanying the entities referred to in paragraph 1(a) above.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 75 2-Can still visit the prisons located in their respective autonomous regions, in the performance of their duties, the Presidents of regional Governments, the representatives of the Republic and the Presidents of the Regional Legislative Assemblies, as well as people who follow them. 3-can be authorized by the Minister of Justice or by the Director-General of the prison service other visits, including from teachers, students and researchers, in the context of work and scientific or academic research, and aimed at the promotion of human rights. Chapter II correspondence and other means of communication article 67 1-Match the inmate has the right to receive and send, at their own expense, correspondence and orders, in accordance with the provisions of this code and of the General Regulation, which may set limits for receipt and dispatch of orders, taking into account the implementation scheme, the regularity of visits and the socio-familial support. 2-Always requesting it, the inmate is aided in the writing and reading their mail. Article 68 1 matching control – correspondence and orders of the inmate are checked for safety and reasons of the detention facility and for detecting objects prohibited by law or by regulation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 76 2-reading can be ordered, by reasoned order of the director of the prison, when correspondence could jeopardize the purposes of implementation, where there is founded suspicion of crime or for justified reasons of the protection of the victim of crime or of order and security. 3-the decision referred to in the preceding paragraph is communicated to the inmate, except in cases of well-founded fear of serious injury to the values that through it if they wish to protect. 4-is not the subject of any correspondence with the persons and entities referred to in articles 61 and 62, and paragraphs 1 and 2 of article 66 or the relating to exercise of the right provided for in paragraph m) and n) of paragraph 1 of article 7 article 69 1-match retention retention of correspondence and parcels of the inmate can only take place by reasoned order of the director of the prison and following the control provided for in the previous article, being communicated to the inmate, except in cases of well-founded fear of serious injury to the values that through it if they wish to protect. 2-match retention decisions and no communication to the inmate is communicated to the public prosecutor at the Court of execution of Punishments, for verification of legality. 3-it is the responsibility of the public prosecutor at the Court of enforcement of Penalties to promote on the fate of the match retained. 3-prohibited items found in correspondence and in the orders are withheld, correspondingly applying the provisions of article 28 of the COUNCIL of MINISTERS PRESIDENCY Proposal of law No. 252/X 77 article 70 1-inmate telephone Contacts may carry out, at its own expense, telephone calls, in accordance with the General Regulation, unless restrictions imposed by established, security reasons or social reintegration. 2-the inmate may be authorized to receive telephone calls in personal or professional situations particularly relevant. 3-the General Regulation may provide for limitations to the telephone contacts of the inmates placed under Security. 4-restriction or authorisation decisions provided for in this article are in competition to the director of the correctional facility. 5-the inmate can challenge the legality of the decisions of constraint referred to in paragraph 1 before the Court of execution of Sentences. Article 71 control of telephone contacts 1-The telephone contacts can be supervised in person by order of the director reasoned, when put in danger the purposes of implementation, where there is founded suspicion of crime or for justified reasons of the protection of the victim of crime or of order and security. 2-are not monitored the telephone contacts with the persons and entities referred to in articles 61 and 62, and paragraphs 1 and 2 of article 66 or the relating to the exercise of the right provided for in paragraph 1(a) m) and n) of paragraph 1 of article 7 of the COUNCIL of MINISTERS PRESIDENCY Proposal of law No. 252/X 78 3-the decision to control of telephone contacts is communicated to the inmate except in cases of well-founded fear of serious injury to the values that through it if they wish to protect. Article 72 other media 1-the director of the correctional facility may, in exceptional circumstances, permit the inmate to use any other technical means of communication within the detention facility, including e-mail and fax, personal or professional situations particularly relevant or urgent, being controlled its content. 2-is not checked the content of communications with the persons and entities referred to in articles 61 and 62, and paragraphs 1 and 2 of article 66 or relating to the exercise of the right provided for in paragraph 1(a) m) and n) of paragraph 1 of article 7 Article 73 duty of confidentiality The employees who take knowledge of the content of the communications provided for in this chapter and the previous are obliged to confidentiality that can only be broken to the extent absolutely necessary to prevent or impede the practice of crime, protecting the victim of crime or safeguard the order and security of the correctional facility.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 79 media Article 74 chapter III right to information is provided to the inmate the opportunity to stay informed about public events, including through access to newspapers, magazines, books, radio and television broadcasts. Article 75 contacts with 1-media the media may, with the authorization of the Director-General of prison services, visit the prisons to carry out reports on its operation and activities, provided that this does not harm the social reintegration of prisoners or the order, discipline and safety in prision. 2-the media may also be allowed to conduct interviews with inmates, with informed consent and express this, when this is not detrimental to their social rehabilitation, or put into question the discipline, order or security in the prison, the remand purposes, privacy or safety of others. 3-in the decision referred to in the preceding paragraph are especially considered the risks of stigmatization of inmate due to its excessive media exposure, negative impact on the victim or family of this, violation of privacy of third parties and of devaluation of the criminal conduct and its consequences. 4-the decision referred to in paragraph 2 is the responsibility of the Director-General of prison services, and may be challenged by the inmate before the Execution of penalties.

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5-in the case of preventive, the consent of the prisoner interview depends on the Non-opposition of the Court to order from which the inmate complies with custody, based on consideration of prejudice to the interview for the purposes of the pre-trial detention. 6-In any case, are not allowed: a) the collection and dissemination of images and sounds that allow the identification of inmates, unless informed consent and express; b) the collection and dissemination of images and sounds that allow the identification of children inmates keep you in business; c) radio or Television Broadcasts live from prison; d) interviews with inmates placed under security or reports in prisons or special security units. Chapter IV prison Exit Permits 76 types of output 1-licenses may be granted to the prisoner, with your consent, jurisdictional or administrative output licenses. 2-output jurisdictional licenses for the maintenance and promotion of the family and social ties and preparing for life in freedom. 3-exit administrative licenses include: a) Outputs, to maintain and promote the family and social ties; b) outputs to activities;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 81 c) special Outputs, for reasons of particular human significance or for resolving urgent and unavoidable situations; d) outputs of preparation for freedom. 4-regardless of the consent of the inmate, leaving custody for: the Appearance in court or Act) in criminal investigations Act; b) Receive health care cannot be provided in prison, in accordance with the law. 5 – the General Regulation provides for the procedures for exit permits. Article 77 common provisions 1-output is considered the runtime of the sentence or measure involving deprivation of liberty, except if their license is revoked. 2-the prisoner is informed about the reasons for not granting outbound license unless founded and security reasons prevent. 3-output Licensing cannot, under any circumstances, be used as a disciplinary measure. 4-the inmates under security only benefit of administrative output provided for in subparagraph (c)) of paragraph 3 and paragraph 4 of the preceding article. 5-the inmates only benefiting from preventive of administrative output licenses provided for in paragraph 1 (b)) and c) of paragraph 3 and paragraph 4 of the preceding article. 6-in the programming of output should have regard to the normal development of the activities of the inmate.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 82 7-exit permits courts, of short duration and of preparation for freedom cannot be taken consecutively. 8-is correspondingly applicable the provisions of paragraph 4 of article 22 article 78 requirements and general criteria 1-output licences may be granted when the following conditions occur: a) Founded hope that the inmate will behave in a socially responsible way without committing crimes; b) output Compatibility with the defense of order and social peace; and (c)) Founded hope that the inmate does not subtract the execution of the sentence or measure involving deprivation of liberty. 2 – having regard to the purposes of output, balance your lease: a) the evolution of the execution of the sentence or measure involving deprivation of liberty; b) the needs of the victim protection; (c) the social or family environment) in which the inmate if will integrate; d) the circumstances of the case; and e) the background of the life of the inmate. 3-On output licensing conditions may be fixed, appropriate to the specific case, watching by the inmate. Article 79 exit 1-jurisdictional licenses licences are granted judicial output and repealed by the Court of execution of Sentences.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 83 2-output jurisdictional licenses can be granted when cumulatively: a) the fulfillment of one-sixth of the sentence and at least six months, in the case of a penalty not exceeding five years, or the fulfillment of a fourth of the sentence, in the case of a sentence exceeding five years; b) execution of the sentence in common or open regime; c) no other proceedings in which custody is determined; d) the absence of evasion, illegitimate absence or revocation of parole in the 12 months prior to the request. 3-in cases of successive execution of prison sentences or sentence in respect of indeterminate, the sixth and the fourth of the sentence, respectively, are determined on the basis of the sum of the feathers or feather that specifically fit the crime. 4-Each output license cannot exceed the maximum of five to seven days, depending on the execution of the sentence is carried out under common or open, enjoying every four months. 5-output jurisdictional licenses are not held. Article 80 exit permits of short duration 1-the director of the correctional facility may grant licences of short-term output since cumulatively: a) the execution of the sentence in open regime; b) the gozo successfully licensed prior to judicial output; c) the absence of evasion, illegitimate absence or revocation of parole in the 12 months prior to the request.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 84 2-exit permits of short duration may be granted every three months, up to a maximum of three days, covering preferably weekends. 3-exit permits of short duration are not held. Article 81 Permits for activities 1-the Director-General of the prison service may grant, the inmates held in common or open regime: the) licenses for activities, with occasional, under employment, education, vocational training or other programs; b) licenses for study visits, training or appropriate the development of playful personal and social skills, arranged by the prison. 2-output licenses provided for in the preceding paragraph are always kept, except in exceptional cases, duly substantiated. 3-in the case of inmate in custody, outbound licensing provided for in point (a)) paragraph 1 depends on the Non-opposition of the Court to order which takes a measure of coercion. Article 82 special 1-exit permits can be granted by the director of the prison establishment licenses held output, for reasons of particular human significance or relevant situations and resolution cannot be postponed, namely: a) in the event of serious illness or death of close relative or person with whom the inmate keep analogous affective connection;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 85 (b)) By reason of force majeure or business or legal act which cannot be settled inside the prison or outside, Attorney or business manager. 2 – special exit permits are held by the time strictly necessary to achieve the intended purpose and may not exceed 12 hours. 3-in the case of inmate in custody, the grant depends on the Non-opposition of the Court to order which takes a measure of coercion, except when the delay could render useless the output, in which case this is immediately communicated to that Court, with indication of reasons and the urgency that determined. Article 83 exit permits of preparation for freedom in order to facilitate the preparation for freedom, the Director-General of the prison service may authorise the inmate out of prison, up to a maximum of eight days, in the last three months of fulfillment of the sentence or in the last three months that precede the 5/6 of pity more than six years in prison. Article 84 the Renewal request In case of not granting judicial output or license, the inmate may submit a new application not earlier than four or three months respectively from the date of that decision, unless less than is expressed in this. Article 85 non-compliance with the conditions 1, during output, the reclusive unjustifiably fails to fulfil any of the conditions imposed, can the entity which granted do you solemnly warning, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 86

determine the impossibility for the submission of a new application for six months or revoke the license of output. 2-in the case of administrative output license, the inmate may challenge before the Court of Execution of the legality of the revocation decision. 3-in the case of administrative output permit, the director shall communicate the withdrawal to the public prosecutor at the Court of Execution of penalties, for the purposes set out in paragraph (h)) of article 141 4-the revocation of the licence of output determines the discount, by the Court of execution of Punishments, in fulfilment of the penalty, the time when the inmate was in freedom. 5-To revoke the license of output, the entity that granted determines the setting of a time limit, between six and twelve months of return to prison, during which the inmate may not submit a new application. Title XII order, discipline and safety chapter I General principles article 86 1 Purposes-order and discipline in prison are maintained as an indispensable condition for the achievement of the purposes of the enforcement of custodial sentences and measures and in the interest of a common life organized and safe. 2-safety in prision is maintained for the protection of fundamental legal, personal goods and assets, to defend the society and that the inmate does not subtract the execution of the sentence or measure involving deprivation of liberty.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 87 3-the sense of responsibility of the inmate is encouraged as a determinant of order, discipline and safety in prision. 4-the order, safety and discipline are maintained subject to the principles of necessity, adequacy and proportionality. Article 87 maintenance of order and security 1-the maintenance of order and security in the prison is the responsibility of the prison services, in particular through the body of the prison guard, without prejudice to the exceptional appeal to the intervention of other forces and security services in the event of serious change or in the cases provided for in the Internal Security Act. 2-the intervention of other forces and security services takes place in close cooperation with the prison service, complies with the proportionality principle and is limited, particularly with regard to their scope and duration, and the means used, to what is strictly necessary to restore order and security in the prison and the safeguarding of legal purposes that determined. Chapter II means of order and safety article 88 Types, purposes and use 1-to ensure security and order in the detention facility are used for common and special means of security, in accordance with the provisions of this code and of the General Regulation. 2 – Are common security means, in particular, the note, the magazine staff, the search, the periodic control of attendance and supervision through detection, cinotécnicos media or electronic surveillance systems or biometrics.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 88 3-Admit exclusively the following special means of security: a) prohibition of the use or temporary seizure of certain goods or objects; b) observation of the inmate during the night time; c) Deprivation or restriction of socializing with certain inmates or access to communal spaces in the prison; d) use of handcuffs; and placement cell separation) of the remaining prison population; f) Placing in the security room. 4-The special means of security are only used when there is serious danger of evasion or taken or when, because of their behavior or psycho-emotional state, there is serious danger of practice by inmate violence against himself or against personal legal goods or assets. 5-The special security means have precautionary nature, remain only as long as the situation of danger which determined its application and are never used the title. 6-use decisions and cessation of special means of security are substantiated and compete to the director of the prison establishment or whom the substitute and should in this case be communicated to that. 7-the prisoner is informed of the reasons for the use of special means of security, unless founded and security reasons prevent.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 89 article 89 personal Magazine and 1-personal magazine search is performed when cannot successfully used detection instruments, being carried out by person of the same sex of the prisoner, with respect for their dignity and integrity, and by their sense of modesty. 2-the magazine for stripping can be carried out, with the permission of the director of the prison, where there are suspicions that the reclusive brings objects not allowed and runs in place holder, in order to respect the privacy of the inmate. 3-the General regulations can establish situations in which the magazines provided for in paragraphs 1 and 2 are mandatory. 4-the body intrusion to extraction of objects is performed under a physician's guidance and authorized by the Court for the application of penalties. 5-the search space for accommodation of inmate is carried out with respect for objects that belong to and, whenever possible, in your presence. Article 90 Surveillance Systems in prisons may be used electronic surveillance systems, including video surveillance in public spaces and biometric control, with safeguarding the intimacy of private life, in accordance with law and regulation.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 90 article 91 use of handcuffs 1-handcuffs can be used, where possible under medical supervision, for the time strictly necessary, where otherwise it is not possible to prevent the reclusive practice violence against legal personal goods, own or of third, or assets. 2-handcuffs can still be used in missions abroad, to prevent danger of evasion or taken or the conduct referred to in the preceding paragraph. 3-handcuffs can only be applied to the wrists and should be removed when the inmate appear before judicial or administrative authority and while conducting medical Act, except when that authority or who perform the medical act determine otherwise. Article 92 1 separation cell-the placement of the inmate in the cell of separation of the remaining prison population can only take place when there is serious danger of evasion or taken or when, due to his behavior, there is serious danger of acts of violence against legal personal goods, own or of third, or assets, if the special means less compensated and are ineffective or inadequate. 2 – placing the prisoner in cell separation excludes the common life and communication with other inmates and limits contact with the outside, and can be reduced the period of stay in the open, with safeguarding the limit laid down in paragraph 2 of article 51. 3-is the observation by doctor or nurse within 24 hours after the start of the implementation of this measure.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/91 4 X – if the inmate to meet under special observation or medical treatment or reveal suicidal ideation or in case of pregnancy, puerperium or after interruption of pregnancy is required to conduct a prior medical examination, except in the case of imminent danger, and it is not possible to resort to other means of security , in which case the medical examination is urgent. 5-Notwithstanding the provisions of paragraph 5 of article 88, the placement of the inmate in cell separation must be reviewed by the director of the prison establishment of 72 in 72 hours. 6-maintenance decision of inmate in cell separation, on first review carried out pursuant to the preceding paragraph, is communicated to the public prosecutor at the Court of execution of Punishments, for verification of legality. 7-the director of the correctional facility shall inform the public prosecutor of the cessation of this medium special security. 8-If, after 30 days, if you keep the reasons for application of special means of security, the director of the prison establishment proposes placing the inmate security arrangements, pursuant to article 15 Article 93 1 safety room-the placement of the inmate in the security room can only take place in a situation of serious change of its psycho-emotional state that represents serious danger of acts of violence against legal personal goods , or third, or assets if the other special means are ineffective or unsuitable, and may be reduced by the period of stay in the open, with safeguarding the limit laid down in paragraph 2 of article 51 of COUNCIL of MINISTERS PRESIDENCY Proposal of law No. 252/X 92

2-the recluse put into security room is immediately examined by the physician and must be subject to daily clinical follow-up as this medium special security is maintained. 3-the doctor informs in writing the director of the correctional facility, after each clinical examination, about the State of health of the prisoner and on the possible need to end this kind of special security. 4-After ten days, and the assumptions that led to placement in a security room, the inmate is transferred to establishment or hospital unit. 5-the placement of the inmate in the security room is communicated as a public prosecutor at the Court of execution of Punishments, for verification of legality. Chapter III compulsory powers article 94 General principles 1-the use of coercive means to keep a current danger to the order and safety of the prison that cannot be eliminated by other means, namely: a) to prevent individual or collective acts of insubordination, rebellion, mutiny or avoidance; b) to avoid the practice by inmate violence against legal personal goods, own or of third, or assets; c) to win the active or passive resistance of the inmate to a lawful order;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/93 X d) to prevent taken from inmates or entry or illegal residence people in prision. 2-The coercive means may only be used for the time strictly necessary to achieve the objective that they aim to achieve, in accordance with the principles of necessity, adequacy and proportionality. 3-The coercive means, whether by their nature or by the use, cannot affect the dignity of the inmate or can be used to discipline title. 4-The prison services ensure your personal continuing education for a correct use of coercive means. Article 95 types and conditions for the use of coercive means 1-Are coercive means physical compulsion, coercion with auxiliary means and weapons. 2-physical coercion that is exerted on people through the use of body strength. 3 – the cuffs are auxiliary means of physical coercion. 4-the use of compulsory powers is, whenever possible, preceded by a warning. 5-the use of coercive means must be followed by medical examination and investigation of the circumstances that determined. 6-inside the prison area, with the exception of the service staff, is not admitted to the possession of auxiliary means or weapons on the part of prison officials or other persons who have contact with inmates. 7-the use of auxiliary means or weapons on the part of the staff of the prison guard corps is only permitted when it is strictly necessary to safeguard or resetting the order and discipline or in case of legitimate defense or State of necessity.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/94 8 X – the use of firearms on the part of the staff of the prison guard corps meets the requirements and follows the scheme of using a firearm in police action. 9 – the types and conditions of use of coercive means are implemented by regulation of use of Coercive Means in prison services. Article 96 decision and communication 1-the use of compulsory powers is decided by the director of the prison and, in the case of recourse to weapons, determines the opening of inquiries and process is communicated immediately to the Director-General of prison services. 2-In case of an emergency or imminent danger, in the absence of the director, the decision is made by who replace or by the employee who has the responsibility to prevent the situation, and should in this case be communicated immediately to the director. Article 97 Circumvention or unauthorized absence 1-the director of the prison shall notify immediately the circumvention or unauthorized absence of the inmate to the forces and security services, the Director-General of prison services, the court order which meets measure involving deprivation of liberty and the Court of execution of sentences, stating also the capture. 2-The convict who intentionally if there may not, in whole or in part, the execution of imprisonment or internment measure is correspondingly applicable the provisions of articles 335.º, 336 and 337.º of the code of criminal procedure, relating to Declaration of default judgment, with the following modifications: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/95 X a) notices and announcements contain in place of the indication of the crime and the legal provisions to punish him, the condemnatory sentence and the sentence or run; (b)) the order for default judgment and Declaration of attachment must exist are the jurisdiction of the Court of execution of Sentences. 3-when you consider the avoidance or the absence of inmate can create danger for the victim, the Court shall inform the person concerned of the occurrence. 4-Any judicial authority or service agent or security force must capture and lead to any prison inmate escapes or which is outside the establishment without authorization. Title XIII disciplinary Regime Chapter I General provisions Article 98 1 – Principles can only be punished disciplinarily the practice of acts which constitute a disciplinary offence under this code. 2-it is not allowed the use of analogy to qualify a disciplinary offence or as to determine the disciplinary measure that corresponds, by applying only the disciplinary measures provided for in this code. 3-the disciplinary measure, either by their nature or by the run mode, you can't offend the dignity of the inmate or compromise their health or physical integrity. 4-collective or application is prohibited indefinitely to a disciplinary measure.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 96 5-When is enough the mere warning or mediation, the procedure for the application of a disciplinary measure. 6-the inmate cannot be punished disciplinarily more than once for the same offence. 7 – the General Regulation applies the procedures necessary for the implementation of the provisions of this title. Article 99 Recidivism 1 disciplinary-recurrence discipline Commission of new infringements, of the same or other species, less than three months from the date of the previous infringement disciplinary practice. 2-In case of recurrence to discipline, the maximum time limit of disciplinary measure is high one-third. Article 100 disciplinary offences contest When the inmate has actually practiced more than a disciplinary offence are subject to the disciplinary action corresponding to each of the offences. Article 101 disciplinary Offence is one 1 continued infringement continued carrying out disciplinary plúrima the same disciplinary offence or disciplinary offences similar, essentially homogeneous form and performed in the context of the request of the same situation that decrease considerably the guilt of the prisoner.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/97 2 X-the disciplinary offence is sanctioned with continuing the disciplinary measure applicable to the most serious that integrates the continuation. Chapter II infringements and disciplinary measures article 102 classification of disciplinary offences, disciplinary offences are classified in: the Disciplinary Offences); (b) Disciplinary Offences serious.) Article 103 disciplinary Offences simple disciplinary offence is considered simple: a) if present, repeatedly cleaned and arranged; b) does not carry out, repeatedly, to cleaning and tidying of the accommodation and its equipment; c) does not carry out, repeatedly, to cleaning, storage and maintenance of the equipment and facilities of the prison; d) Organise and participate in games of chance in prision; and) establish communication not permitted or by fraudulent means or with the outside world, violating express prohibition, with other inmates in the prison; f) Disclose intentionally or false data relating to prison; g) Simulate disease or hazard to your health or third party;

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h) Make unauthorized business with other inmates; I) Introduce, produce, manufacture, make out, distribute, trade, have in his possession or keep in prision prohibited objects or organize such activities; j) destroy, damage, deface or make unusable intentionally low-value goods from prison, prison staff, other inmates or of third parties; l) Insult, offend or defame another inmate or third in prision or during custody output; m) Insult, offend or defame prison employee in the performance of their duties or because of these; n) Resist the legitimate orders of officials, in the exercise of their functions; the) Practice, in prison or during custody output, any other prescribed by law as a crime whose procedure depends on a complaint or accusation; or p) do not meet or comply with unjustified delay, the duties imposed, in accordance with laws or regulations, or the legitimate orders of officials, in the exercise of their functions, in prison or during authorized output. Article 104 serious disciplinary Offence is considered serious disciplinary offence: a) establish communication not permitted or by fraudulent means or with the outside world, violating express prohibition, with other inmates inside the prison, and in this way create danger for the order and security of the correctional facility;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 99 b) Disclose intentionally or false data relating to the detention facility, and in this way create danger for the order and safety of this; c) Simulate disease or hazard to your health or third, involving travel abroad or an exceptional allocation of means of the correctional facility; d) Make unauthorized business of high economic value with other inmates or, regardless of its value, with prison officials or third parties; and) defame, offend or insult, so public and notorious, another inmate or third inside the prison or outside this during custody output; f) Insult, offend or defame, so public and notorious, employee of the prison, in the performance of their duties or because of these; g) destroy, damage, deface or become unusable, intentionally or with gross negligence, prison, prison staff, other inmates and of third parties, of significant economic value, or, regardless of the injury caused, creating danger for the order and security of the correctional facility; h) Resist with violence or disobey, so public and notorious, the legitimate orders of officials, in the exercise of their functions; I) Introduce, produce, manufacture, make out, distribute, trade, have in his possession or keep, in prision prohibited objects, or organize such activities, and in this way create danger for the order and security of the correctional facility; j) Hold, own, introduce, produce, manufacture, distribute, trade, in prision narcotic drugs or any other toxic substance not prescribed drugs or alcoholic beverages which are not authorised or organize such activities; l) intimidate or establish relationship of power or authority over other inmates;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 100 m) to threaten, coerce, assault or constrain the sex act another inmate, prison employee or third, in prision or during custody output; n) trying to escape, evade, promote or participate in taken of prisoner; the) Promote or participate in riot or collective Act of insubordination or disobedience to legitimate orders of officials, in the exercise of their functions; p) Practice, in prison or during custody output, any other prescribed by law as a crime whose procedure does not depend on complaint; or q) do not meet or comply with unjustified delay, the duties imposed, in accordance with laws or regulations, or the legitimate orders of officials, in the exercise of their functions, in prison or during authorized output, and thus create danger for the order and security of the correctional facility. Article 105 1-disciplinary measures shall apply to the inmate the following disciplinary measures: a) written censure; b) Deprivation of the use and possession of personal objects indispensable for period not exceeding 60 days; c) prohibition of the use of the Fund referred to in (a)) of paragraph 1 of article 46 for period not exceeding 60 days; d) restriction or deprivation of socio-cultural, sporting activities or free time occupation for a period not exceeding 60 days; and Decreased daily free time) to remain open for a period not exceeding 30 days, safeguarded the minimum threshold established by this code; f) mandatory Residence accommodation up to 30 days;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 101 g) Hospitalization in a disciplinary cell up to twenty-one days. 2-the measure provided for in point (g)) of the preceding paragraph shall apply to serious offences. 3-the choice and the determination of the duration of the disciplinary measure are made according to the nature of the offence, the seriousness of the conduct and its consequences, the degree of guilt of the prisoner, their disciplinary background, practical prevention requirements of other disciplinary offences and the desire to repair the damage caused. 4-in the event of disciplinary offences contest, even though the sum of the disciplinary measures applied in excess of 120 days in the case of points (a) to (c)), d) and e), or 60 days in the case of points (a) to (f)) and g) of paragraph 1, the disciplinary measure performed may not exceed those durations, without prejudice to the provisions of article 113 article 106 stay of execution of disciplinary measure 1-the execution of a disciplinary measure applied to disciplinary offences simple may be suspended for a period maximum of three months, by reasoned decision, where it is concluded that the mere fact that censorship and the threat of sanction perform properly and enough their purposes. 2-the suspension of execution of disciplinary measure is conditional on fulfilment of duties reasonably required intended to repair the consequences of the offence, including: a) give the victim moral satisfaction appropriate immediate; b) Indemnify the injured party, in whole or in part, within the prescribed period; c) Delivering the social solidarity institutions, including victim support associations and voluntary organisations, a monetary contribution or provision in kind of equivalent value;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 102 d) Perform, within the period of the suspension, tasks of common interest, unpaid, with consent, for a period of not less than 20 nor more than 120 hours, without prejudice to the normal development of their training and employment activities. 3-If, during the period of suspension, the reclusive, guiltily, fail to comply with any duties or practicing new disciplinary offence, suspension is hereby repealed. 4-During the period of suspension the period of limitation of the measure. 107 mandatory Residence accommodation 1 – staying in the accommodation consists of the continuous presence of the inmate in that and can be reduced the period of stay in the open, with safeguarding the limit laid down in paragraph 2 of article 51 2 – the inmate maintains the right to correspondence and contacts with your lawyer and with the religious worker. 3-the director of the correctional facility may allow regular visits of close family members with the maximum of 1 hour per week. 4-to avoid damaging the vocational training school or the inmate, the director of the correctional facility may authorize this as interpolated periods. Article 108 Internment in disciplinary cell 1-relocation in disciplinary cell consists of the continuous presence of the inmate in his cell to ensure their separation from the rest of the prison population can be reduced the period of stay in the open, with safeguarding the limit laid down in paragraph 2 of article 51 of COUNCIL of MINISTERS PRESIDENCY Proposal of law No. 252/X 103

2-During the implementation of the measure, the prisoner is deprived of activities and communications with the outside world, without prejudice to the contacts with the lawyer or the religious worker access to correspondence, newspapers, books and magazines. 3 – the director of the correctional facility may only authorize when powerful circumstances so warrant. 4-during the execution of the measure of internment in a disciplinary cell applied to inmate to keep you younger son, is guaranteed to this monitoring and support and a time of daily living. 5-disciplinary cell brings together the necessary conditions of habitability, characteristics and equipment specified in the General rules, which applies the other matters provided for in this article. Article 109 1-inmate medical care that is to comply with the disciplinary measures provided for in points (a) to (f)) and g) of paragraph 1 of article 105 is under clinical surveillance, being observed as often as necessary by the doctor, it's pronounced in writing whenever it deems necessary to interrupt or change the implementation of a disciplinary measure. 2-the doctor of the detention facility is heard before the application of disciplinary measure the inmate under psychiatric or medical treatment that proves suicidal ideation or in case of pregnancy, puerperium or after interruption of pregnancy in the case of the disciplinary measures provided for in points (a) to (f)) and g) of paragraph 1 of article 105 and, in other cases When exceptional circumstances so warrant.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 104 Chapter III Disciplinary Procedure article 110 general principles 1-the application of disciplinary measure is preceded by written procedure, except in the case of written censure. 2-Start the procedure, the prisoner is informed of the facts imputed to him, being him secured the rights to be heard and to present evidence for his defense. 3-the disciplinary procedure is considered urgent and should be completed within 10 working days. 4-the final decision and the reasons for such withdrawal shall be notified to the inmate and his Defender, when his soul, and recorded in the personal file. 5-the processing of the disciplinary procedure is carried out in the General Regulation. Article 111 precautionary Measures pending the disciplinary process 1-the director of the correctional facility may determine, at any stage of the disciplinary process, the necessary precautionary measures to prevent the continuation of the disciplinary offence or disruption of the orderly and safe coexistence in prision or ensure the protection of a person or the preservation of evidence. 2-precautionary measures should be proportional to the seriousness of the offence and appropriate protective effects to be achieved, and may consist of prohibitions on contacts or activities or, in the most serious cases, in confinement, in whole or in part of the day, individual accommodation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 105 3-precautionary measures may not exceed 60 days or, in the case of confinement, 30 days. 4 – applying precautionary measure of confinement throughout the day, shall apply paragraph 1 of article 109. 5-If the inmate will be sanctioned with the measure of compulsory permanence in accommodation or relocation in a disciplinary cell, the injunction accomplished is for the purposes of weighted attenuation, the sanction to be applied. Article 112 1 Competence-the application of disciplinary measure rests with the director of the correctional facility. 2 – If the disciplinary offence has been committed against the director, the application of disciplinary measure is the responsibility of the Director-General of prison services. 3-the application of disciplinary measure decision can be preceded by the technical Board of the prison. Article 113 disciplinary measures 1-the execution of disciplinary measure is immediate, without prejudice to the provisions of the following article. 2-When the inmate has to fulfill two or more disciplinary measures, their implementation is simultaneously where measures are specifically supported. 3-successive execution of disciplinary internment measure in a disciplinary cell cannot exceed 30 days. 4-Showing-if necessary the interruption of the execution of the measure in accordance with the provisions of the preceding paragraph, this is resumed after 8 days.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 106 5-at times of particular human or religious significance, the director of the correctional facility may interrupt the completion of the disciplinary measures provided for in points (a) to (f)) and g) of paragraph 1 of article 105 for the maximum period of 24 hours. Article 114 1-Challenging the inmate may challenge before the Court of Execution of decisions of disciplinary measures to remain mandatory in accommodation and internment in a disciplinary cell. 2-the challenge has suspensive effect, without prejudice to the provisions of article 111 Article 115 1 Prescription-the disciplinary procedure shall cease, the effect of prescription, when four or six months have elapsed from the date of Commission of the offence, as in the case of serious or simple offences, respectively. 2-the limitation period referred to in the preceding paragraph ceases with the communication to the inmate of the institution of the disciplinary procedure. 3-the disciplinary measure shall become statute-barred within four or six months from the day following the decision that applied, as in the case of serious or simple offences. 4-the limitation period referred to in the preceding paragraph ceases with the beginning of implementation of the measure.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 107 Title XIV Safeguarding of rights and guardianship Article 116 right of complaint, petition, complaint and exposure 1-the prisoner has the right to submit, in writing, individually or collectively, complaints, Petitions, complaints and exhibitions relating to the enforcement of custodial measures, for defending their rights. 2-complaints, Petitions, complaints and exhibitions can be directed to the director of the correctional facility, that: a) uses mediation, to achieve consensual solutions; b) decides on complaints, Petitions, complaints and exhibitions that you are targeting, within a maximum of 30 days; or c) sends them immediately to entities or bodies, giving knowledge to the inmate. 3-complaints, Petitions, complaints and exhibitions can also be addressed to the Director-General of prison services and audit and Inspection Service of the Directorate-General of prison services. 4-Notwithstanding the previous paragraphs, the inmate may also present petitions, complaints and exhibitions to the organs of sovereignty and other entities, in particular the General Inspectorate of Justice Services, the Office of the Ombudsman, to the Bar Association, to the European Court of human rights, the European Committee for the prevention of torture and the Committee against torture of the United Nations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 108 5 – the General Regulation applies the conditions of exercise of the rights referred to in the preceding paragraphs. Article 117 the right to legal information 1-the prison offers the inmate written legal information, including criminal and penitentiary law and doctrine, the General regulations and applicable international conventions. 2 – In particular the inmate information is available overseas, in language that he understands, about the possibilities of performing abroad the Portuguese criminal sentence and their transfer abroad and under the terms of the execution of the sentence of expulsion accessory. Title XV modification of the execution of the sentence of imprisonment of inmates suffering from serious illness, and irreversible evolutionary or serious and permanent disability or advanced age article 118 Beneficiaries eligible for modification of the execution of the sentence, when precluded by strong demands of prevention or of order and social peace, the inmate sentenced to: a) is gravely ill with evolutionary and irreversible pathology and no longer respond to therapies available; b) is severe disability carrier or irreversible illness that permanently, to the dependency of third-person and is incompatible with the normal maintenance in prison; or PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 109

c) age 70 years or more and their State of health, physical or mental, or autonomy is incompatible with the normal maintenance in prison or affecting its ability to understand the meaning of execution of the sentence. Article 119-1 Consent to modification of the execution of the sentence depends always of the consent of the condemned, although assumed. 2-there are presumed consent when the physical or psychological situation of the sentenced allow reasonably assume that would have effectively allowed the modification if I could have meet or comment on their assumptions. Article 120 procedures for modification of the execution of the sentence 1-modification of the execution of the sentence is as follows: a) the Relocation convicted in health establishments or adequate reception; or b) in housing scheme. 2-the Court may, if he considers it necessary, decide for monitoring by technical means of remote control, based on medical opinion and social reintegration services. 3-the time of duration of hospitalization or residence in housing scheme is considered the runtime, in particular for the purposes of parole. 4-the procedures referred to in paragraph 1 may be: a) Replaced for each other;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 110 (b)) repealed, when the convicted infringes or repeatedly duties resulting from the modification of the execution of the sentence, commit crime for which will be convicted or there is a substantial change in the assumptions of its implementation, and proves to be inadequate or impossible the measure provided for in the preceding paragraph. 5-for the purposes set out in the preceding paragraph, the Court requests the competent health authorities annually updating the opinion provided for in paragraph (a) applicable to paragraph 2 of article 217 Article 121 duties of doomed Fall in particular about the doomed the duties to remain in the establishment or in housing in the periods of time laid down and accept the support measures and social reintegration services monitoring comply with its guidelines and respond to contacts, particularly through telefónica, which for this are made during the periods for which it should remain in the establishment or in housing. 122 1 scheme-extension When, at the time of the conviction, if fulfilled their material assumptions, can the Court that sentences in jail decided for the immediate application, mutatis mutandis, of the modification of the execution of the sentence. 2-in the case referred to in the preceding paragraph, shall apply the provisions of Article 477.º of the code of criminal procedure.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 111 Title XVI special rules chapter I remand and detention pre-trial detention 1 123-pre-trial detention, in accordance with the principle of presumption of innocence, is performed in such a way as to exclude any restriction of freedom not strictly necessary to the implementation of the precautionary purpose which determined its application and maintenance of order , security and discipline in the prison. 2-remand performs in accordance with the provisions of a court decision that determined its application. 3-the inmate may attend, preventive education courses and vocational training, work and participate in other activities organized by prison. 4-the reclusive preventive has the duty of cleaning, storage and maintenance of your accommodation and to participate in the activities of cleaning, storage and maintenance of the equipment and facilities of the prison. 5-the reclusive preventive visitors whenever possible every day. 6-as far as possible and as long as reasons of health, hygiene and safety the desaconselhem, the inmate may receive food from outside preventive, in accordance with the General regulations. 7-the inmate placed in preventive security regime is subject to limitations arising from the scheme imposed by this code.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 112 Article 124 1-Detention the detainee may only remain in institutions or prisons intended, by order of the Director-General of prison services, the custody of detainees. 2-The detained shall apply the provisions of this code and the Regulations, with any necessary adaptations. 3-the detainee has the right to contact his lawyer at any time of the day or night. 4-When founded health reasons so warrant, the detainee is noted by doctor of the prison establishment or, at their own expense, by a doctor you trust. Chapter II prison for days off and under article 125 semidetenção running, faults and term of fulfillment 1 — running the prison for free days and from prison in semidetenção scheme complies with the provisions of this code and the Regulations, with the specifications laid down in this chapter. 2 — the inputs and outputs in prision are noted in the individual process of the condemned. 3 — are not passed driving warrants or release. 4 — The lack of entry into the correctional facility in accordance with the sentence are communicated to the Court of execution of Sentences. If the Court, after hearing the convicted and proceeding with necessary steps, not consider the lack justified, prison being accomplished in continuous regime by the time skip, the arrest warrants.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 113 5 — The late presentations, with no delay to 3 hours, can be considered justified by the director of the correctional facility, heard the condemned. Chapter III security measure of internment and relocation of attributable psychic anomaly carrier Article 126 general principles 1-the execution of the measure involving deprivation of liberty applied to acts or attributable admitted in court, establishment intended for inimputáveis is directed to the rehabilitation of hospitalized and their family and social reintegration, preventing the practice of other criminal facts and serving the society. 2-the measures referred to in the preceding paragraph and the preventive internment are performed preferably in mental health unit, prison and, where justified, in prisons or units especially designed, taking into account the particular judicial decision and the criteria laid down in article 20, with the necessary adaptations. 3-the decision of allocating the establishment or prison unit especially designed in accordance with the provisions of the preceding paragraph, the Director-General of prison services and is communicated to the Court of execution of Sentences. 4-running private measure of liberty applied to acts or part in establishment intended for inimputáveis, as well as the preventive internment, complies with the provisions of this code, with different adjustments justified by the nature and purposes of these measures and with the specifications laid down in this chapter and in the General Regulation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 114 5-when the execution is carried out in prison not mental health unit, follows the provisions of this code, with the adaptations that may be fixed by own diploma. Article 127 – 1 execution schemes run schemes provided for in this Code apply, with any necessary adaptations, to the irresponsible and attributable in establishment intended to inimputáveis. 2-the choice and the change of the system of execution are carried out under a physician's guidance. Article 128 therapeutic and rehabilitation Plan 1-In case of application of security measure involving deprivation of liberty or attributable internment in establishment intended for inimputáveis, the development of therapeutic and rehabilitation plan, structured according to the requirements, individual skills and risk assessment. 2-the therapeutic and rehabilitation plan of the hospitalized: a) respects your individuality and dignity; b) Promotes their involvement and their families; c) Comprises occupational activities and individual or group therapy; d) focuses on integration in rehabilitation programs and, where the personal situation and procedure permits, in community structures; and) Creates the necessary conditions for the continuation of the treatment after release. 3-the plan is elaborated with the participation of experts in mental health, being referred to the Court for enforcement of penalties for approval.

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4-in the drafting of the plan shall seek to obtain the participation and membership of the admitted, unless your state of health make participation pointless or impossible. 5-the plan is periodically reviewed and updated in accordance with the needs of the treatment in the hospital and their conditions of family and social insertion. 6-The no-brainer and attributable in establishment intended to inimputáveis shall apply subparagraphs (a)) d) of paragraph 1 and paragraphs 2 and 3 of article 5 of law No. 36/98, of 24 July. Article 129 1 personal file — In individual process admitted are integrated communications received from the Court and recorded the elements to this provided, as well as periodic evaluation reports of the effects of treatment on the hazardous nature of the hospitalized. 2 — Annually and whenever conditions warrant or the Court of Execution of the request, the director of the establishment refers to the organized process that Court the periodic evaluation report. Article 130 Licenses 1 output-if there is no prejudice for the therapeutic purposes, can be granted to inmates of the outbound licenses provided for in this code, verified their assumptions, under a physician's guidance. 2-During the minimum period of internment applied pursuant to paragraph 2 of article 91 of the criminal code, may only be granted jurisdictional outputs compatible with the therapeutic and rehabilitation plan.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/116 X 131 special security Means the application of special means of security in connection with or attributable to acts committed in establishing destined to inimputáveis is ordered by the director, under proposal and guideline of the doctor, except in the case of imminent danger. Article 132 Complaint, petition, complaint, exhibition and challenge 1-the no-brainer and the part in establishment intended for inimputáveis are assisted in the exercise of their rights of complaint, petition, complaint and exposure. 2-the no-brainer and the part in establishment intended for inimputáveis shall be assisted by a lawyer, constituted or appointed, in the exercise of the right of challenge provided for in article 114 book II of the procedure before the Court of Execution of title I General provisions Article 133 Jurisdicionalização of the implementation is the responsibility of the judicial courts administer criminal justice in enforcement of the sentences and custodial measures in accordance with law.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 117 Article 134 public prosecutor's intervention to the Public Prosecutor fits monitor and verify the legality of the execution of custodial sentences and measures, in accordance with its Statute and of this code. 135.3 prison services 1-The prison services ensure, in accordance with the law: a) the execution of custodial sentences and measures, according to their purposes; and (b)) the order, discipline and safety in prisons. 2-The prison service carry out the communications provided for in book I to the competent courts and further along these all legally laid down steps. 136 probation services 1-social reintegration services are involved in the execution of custodial sentences and measures providing technical advice to the courts of enforcement of sentences and ensuring the monitoring of parole and the freedom to test, in accordance with the law. 2-social rehabilitation services cooperate with the prison services in the preparation of probation, promoting the social rehabilitation and crime prevention.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 118 Title II implementing Courts of Competence chapter I Article 137 1 territorial jurisdiction-the jurisdiction of the Court of execution of Punishments is determined depending on the location of the establishment to which is assigned the inmate. 2-As the defendant or convicted resident abroad, the Court of execution of Sentences. 3 – in other cases, the Court of execution of Sentences based on the area of residence of the defendant or convict. 4 – If, for purposes of the rules that determine the territorial jurisdiction, the case will be passed on to another court for the application of penalties, the transmission is notified to the defendant, his attorney, Court of conviction, probation services and, if the accused is deprived of freedom, to the Directorate-General of prison services and the directors of the prisons involved. Article 138 1 material Competence-it is the Court of enforcement of Penalties to ensure the rights of inmates, in answer to the legality of the decisions of the prison services in the cases and according to the law.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 119 2 – After the final transit of the judgment which determined the application of custodial sentence or detention order of freedom, it is for the Court of Execution of monitor and supervise its implementation and decide their modification, replacement and extinction, without prejudice to the provisions of article 371.º of the code of criminal procedure. 3 – it is incumbent upon the Court of Execution of monitor and oversee the implementation of the preventive arrest and internment, and their decisions be communicated to the Court to order that the defendant meets the coercive measure. 4 – without prejudice to other legal provisions, it is for the courts of enforcement of sentences, on account of the matter: a) individual rehabilitation plans Approved, as well as therapeutic and rehabilitation plans of irresponsible and attributable psychic anomaly in carrier establishment intended to inimputáveis, and the related changes; b) Grant and revoke licenses of judicial output; c) Grant and revoke parole, probation and adaptation the freedom to test; d) to determine the implementation of ancillary penalty of expulsion, declaring the jail time, and determine the anticipated execution of the penalty of expulsion accessory; and the Technical Council) to convene, whenever necessary or when the law understand so provides; f) decide to challenge decisions processes of prisons; g) Define the treatment to match retained; h) confiscate and give destination to objects or valuables seized to inmates;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 120 i) decide on the modification of the execution of the prison sentence for prisoners suffering from serious illness, and irreversible evolutionary or serious and permanent disability or old age, as well as the replacement or repeal of modalities; j) Order compliance with the prison in continuous regime in case of input shortages in prision not considered justified by the convicted prison for days off or semidetenção; l) Revise and extend the security measure of relocation of inimputáveis; m) Decide on the provision of community work and about your revocation in cases of successive execution of security measures and custodial penalty; n) Determine the hospitalization or a stay of execution of sentence of imprisonment by virtue of psychic anomaly has arisen to the agent during the execution of the prison sentence and their revision; the) determine the compliance of the rest of the sentence or the continuation of the relocation by the same time, in the event of the withdrawal of the benefit of work in favour of the community or of the individual's probation subject to successive execution of security measures and custodial penalty; p) Declare the lapse of the amendments to the normal execution of the sentence, in the case of psychic fault simulation; q) Declare accomplished capital punishment imprisonment that specifically fit the crime committed by convicted relatively indeterminate sentence, having been refused or revoked parole; r) Declare the penalty of imprisonment, the penalty in respect of indeterminate and the security measure of internment; s) to issue arrest warrants, catch and release;

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t) Inform the victim of the release or escape of the prisoner, in the cases provided for in articles 23 and 97; u) Instruct the procedure for the granting and revocation of pardon and their application; v) Utter the Declaration of default judgment and Decree the seizure of goods, as the convict who intentionally if there may not, in whole or in part, the execution of imprisonment or internment measure; x) decide on the provisional cancellation of any fact or decision entered in the criminal record; z) dismiss the appeal on the legality of the transcript in criminal record certificates. Chapter II Incompetence and conflicts of jurisdiction article 139 Declaration of incompetence and effects 1-the incompetence of the Court this is known and declared off the record and can be inferred by the Prosecutor and the convicted to the transit of the termination of proceedings. 2 – Declared the incompetence, the case is referred to the competent court, without prejudice to the procedural practice. Article 140 the definition conflicts of jurisdiction, complaint and resolution of conflict of jurisdiction shall apply, mutatis mutandis, the corresponding standards of the code of criminal procedure.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 122 Chapter III article 141 Prosecutors Jurisdiction Without prejudice to other legal provisions, the representative of the public prosecutor at the Court of Execution of penalties shall: a) Visit the prisons regularly and whenever necessary or convenient for the exercise of the powers provided for in this code; b) verify the legality of decisions of the prison services which, in accordance with this code, you should be notified to this effect and to challenge those who consider illegal; c) Appeal of decisions of the Court for the application of penalties laid down in the law; d) participate in the Technical Council; and) Boost the transfer, to the country of nationality or of residence of person subject to measure involving deprivation of liberty for Portuguese court, or comply with the request; f) promote provisional arrest, extradition and the delivery of person against whom there is pending litigation in the Court of execution of sentences; g) Arrange with the competent court, for promoting the realization of the legal penalties, Topper as soon as, in any way, check their knowledge assumptions; h) Promote the discount, in fulfilment of the penalty, the time when the inmate walked into freedom, license revocation of administrative or judicial output;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 123 i) in the case of successive execution of feathers, proceed to the calculation, for the grant of parole; j) in the event of revocation of license or of probation, calculate the dates for the term and, in the case of admissibility of parole, for the purposes set out in articles 61 and 62 of the Penal Code and submit the statement to the approval of the judge; l) give an opinion on the grant of the pardon and promote its repeal; m) Raise the resolution of conflict of competence; n) Initiate implementation for costs; the) Establish procedures, promote and perform the other steps provided for in this code. Title III technical Board rule 142 Competence 1. The Technical Council is an organ assist the Court of execution of Sentences with advisory functions. 2. The Council shall be responsible, in particular: the Technical) issue opinions on the granting of parole, freedom for proof and judicial output and on the conditions that shall be subject; b) give an opinion on the matters which, by law, to be submitted to it by the judge of the Court of execution of Sentences.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 124 143 Presidency and composition 1-the technical Board is chaired by a judge of the Court of execution of Sentences with jurisdiction over the area of location of prison and can join the representative of the public prosecutor at the Court. 2-when you take part in the Technical Council, the representative of the Public Ministry can intervene to require the provision of clarification or obtaining elements to understand are necessary for the exercise of its powers. 3 — are members of the Governing Council the director of the prison, which has a casting vote, responsible for the area of penitentiary treatment, the head of the service of surveillance and security and competent team in charge of social reintegration services. 4-the judge of the Court of execution of Punishments can call to participate in the Technical Council meeting any employee, without the right to vote, if it is considered useful to cooperate for the subjects under discussion. 5-the technical Board gathers in prision. Title IV Process Chapter I General provisions Article 144 individual Nature of the process 1-the Court of Execution of individual nature.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 125 2-When the process based on the communication referred to in Article 477.º of the code of criminal procedure and the sentence spans multiple defendants, extract, ex officio, as many certificates as defendants. Article 145 unique character of the process 1-the Court of execution of Sentences is organized, for each individual, a single process. 2-are the principal record that give rise to the opening of proceedings. 3 – Are on the record and attached to the main proceedings are paid by all other processes and incidents. 4-in the event of the record referred to in the two preceding paragraphs if you find already ended, are required to file, but in another court, followed by the preceding paragraph, unless they relate to facts already canceled of record. Article 146 Justification of acts and the advertising process 1-The judge's decision-making acts of execution of penalties are always justified, and should be specified the reasons of fact and law of the decision. 2 – the proceedings before the Court of execution of Punishments is, since its inception, accessible to the subject that are involved, getting these, however, linked to the secret of Justice. 3-for the other non-judicial entities, the process becomes public from the hearing of the accused or convicted, if her any place. 4-If there is no place to audition, the process is public after made the decision at first instance.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 126 5-process advertising always respects the privacy of the accused reserve or condemned, even constituting evidence, preserves its social reintegration process and the dignity, good name and reputation of the victim. 6-the query, obtaining copies, extracts and extracts of parts of it and play, by the media, of procedural documents or documents embedded in the process depend on application directed to the judge indicating the purpose and are limited to what is strictly essential and appropriate for the achievement of the purpose concerned. 7 – constitute a crime of disobedience simple query utilization of the process or of copies, extracts or certificates for purposes other than those expressly set out in accordance with the preceding paragraph. Rule 147 lawyer 1-Intervention is allowed the assistance of counsel under the general terms of law. 2 – is required the assistance of a lawyer in the cases specifically provided for by law or when law issues are concerned. Article 148 rejection and fine-tuning received the initial application, the judge of the Court of execution of Punishments, heard the prosecution, may: a) reject it, if clearly unfounded or when contains claim rejected earlier and based on the same elements; b) Invite the improvement.

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Article 149 notifications, summonses and notifications are correspondingly applicable to proceedings before the Court of Execution of the provisions of the code of criminal procedure concerning the communication of summonses, summonses and notifications. Article 150 computers 1-handling processes is carried out electronically in accordance with the set by order of the Member of Government responsible for the area of Justice and the procedural rules relating to actions of the magistrates and of the Secretaries undergo the practical adaptations are necessary. 2 — the Ordinance referred to in the preceding paragraph regulates, among other things: a) the presentation of procedural documents and documents; b) the distribution of processes; c) practice, necessarily by electronic means, of the procedural actions of judges and staff; d) acts, parts, autos and terms of the process that may not include the physical support process; and) communication with the prison services and social reintegration. Article 151 urgent Processes 1-Run on vacation the processes of adaptation to grant parole, probation and freedom for proof, for modifying the execution of the sentence of imprisonment on the grounds of serious illness, evolutionary and irreversible, the verification of the legality of decisions and of prisons with suspensive effect.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 128 2 – are also considered urgent and run on vacation the processes whose delay may cause injury, when the judge, ex officio or at the request, so decides by reasoned order. Article 152 Deadlines 1-Safe legislative provision to the contrary, is 10 days the deadline for any procedural act. 2-the count of the deadlines for the procedural acts shall apply the provisions of the law of civil procedure. Article 153 Expense 1-without prejudice to the provisions of law on legal aid, in which the Court terms of Execution of penalties are due expense, in accordance with the Regulation of Costs. 2 – the amnesty process is not subject to payment of any expense. 3 – the settlement of costs is made the final by processes within five days. 4-in the event of an appeal, the settlement is carried out after the final transit of the final decision, the Court of execution of Punishments that have decided in first instance. 5-About the amounts counted or liquidated focus interest on arrears from the deadline set by law for the payment. 6 – everything that is not provided for in the preceding paragraphs shall apply in the regulation of Costs.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X Article 129 154 supplementary law whenever the opposite does not result of this law, are correspondingly applicable the provisions of the code of criminal procedure. Chapter II forms of process Article 155 1 process forms – in addition to those provided for in law uvula, there are the following forms of process: admission, approval, parole, judicial output, license verification of legality, challenge, change in the execution of the prison sentence, pardon and temporary cancellation of criminal record. 2-all cases is not a form of process referred to in the preceding paragraph shall apply the supplementary process. Chapter III section I previously decreed Relocation Relocation Article 156 initiation of proceedings 1-except as provided in Subsection (II) of this section, the proceedings before the Court of execution of Sentences begins with the processing of certificate: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 130 a) sentence which States the disclaimer, determine the admission of the defendant and fix the maximum and where appropriate, the minimum duration of this period; (b)) of the enforceable judgment that determines the defendant liable internment in establishment intended for inimputáveis by the time corresponding to the length of sentence; c) of the decision to withdraw the suspension of the measure of internment and determine their implementation. 2-in the case of the defendant if find unfree, the certificate referred to in the preceding paragraph should make reference to its location. 3-the institution of the proceedings is, regardless of order, notified to the defendant, communicated to the Court of the conviction and social reintegration services and, if the hypothesis provided for in the preceding paragraph, the Directorate-General of prison services and the director of the establishment to which the convict is assigned. Article 157 1 Defender – When the condemned didn't advocate, the Court asks the Bar Association to appoint a defender. 2-the defender and his replacement shall apply the rules concerning the legal protection and sponsorship judiciary in criminal proceedings. Article 158 mandatory Review 1-mandatory review of the situation in the hospital takes place under the terms and deadlines defined in the criminal code. 2-for this purpose, the judge, until two months before the date calculated for review, of its own motion or at the request of the Prosecutor, the admitted or his advocate: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/131 X a) Commands, as appropriate, conducting psychiatric or expertise about the personality and fixed time limit for the submission of the report , which must also contain judgment on the ability of the admitted to give evidence; b) determines the execution of other steps that are of interest to the decision. 3 – at least stipulated in the preceding paragraph: a) social reintegration services send report containing the analysis of the socio-familial and professional framework of the admitted and the assessment of their needs and perspectives of social reintegration; b) establishing reference evaluation report on the clinical and behavioral evolution of admitted. 4-the judge hears the admitted, if this is considered capable of doing extractar on auto their statements. 5-are notified of the order designating the date for hearing the Prosecutor and the Defender, who may be present. Article 159 1 application review-if invoked the existence of justification of termination cause of hospitalization, the Court appreciates the question all the time. 2-Have legitimacy to claim the review admitted, his legal representative, the Prosecutor and the director of the establishment that is affection. 3-Are correspondingly applicable points) and b) of paragraph 2 and paragraphs 4 and 5 of the preceding article, the Court may request the reports referred to in paragraph 3 of the same provision.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 132 Article 160(1)(a) and Claims for the Prosecutor's Office before being given the decision is notified to Defender, in 5 days, claiming what is convenient, after which are the record continued with a view to the public prosecutor for the same term, an opinion. Article 161 Decision the decision is: a) notified to the public prosecutor, the admitted, their agent or advocate and his legal representative, if you have been requesting the review; b) communicated to the Court of the conviction, the director of the establishment where the institutionalized, the Directorate-General of prison services and social reintegration services. Article 162 prolongation of hospitalization article 158 is correspondingly applicable to the decision on the extension of the internment, in accordance with paragraph 3 of article 92 of the Penal Code. Article 163 execution and failure to comply with the freedom to run and test the freedom to test are correspondingly applicable standards established for parole, being necessarily ear Defender.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 133 section II Internment determined by the Court for the application of Article 164 other cases 1 procedure-the relocation process is also applicable: the psychic anomaly situations) manifested during the execution of the penalty involving deprivation of liberty, in the cases referred to in paragraph 1 of article 104 in paragraph 1 of article 105 and paragraph 1 of article 106 of the Penal Code; (b)) the decision referred to in the final part of paragraph 6 of art. 99 of the Penal Code. 2 – the relocation process is still applicable, in the case of relatively indeterminate sentence, from the moment that fulfilled the pity that specifically fit the crime committed, having been refused or revoked his parole, pursuant to paragraph 3 of article 90 of the criminal code. Article 165 initiation of proceedings 1-in the case referred to in point (a)) of paragraph 1 of the preceding article, the process begins with the request of the convicted or their legal representative, the Prosecutor or the director of the prison that is affection. 2-the application is well founded, and soon the applicant provide all evidence and indicate the other evidence. 3-in the case referred to in point (b)) of paragraph 1 of the preceding article, the process begins with the assessment of the verdict certificate repealing the provision of community work or probation.

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Draft law No. 252/X 134 4-in the case referred to in paragraph 2 of the preceding article, the process begins with the assessment of the decision certificate that has not been granted or has been revoked his parole, declare accomplished the penalty that specifically fit the condemned in relatively undetermined penalty. 5-is correspondingly applicable the provisions of paragraph 3 of article 156 article 166 1 Statement – Received the petition or assessed the certificate, the judge declares open the instruction ordering: a) if applicable, conducting psychiatric or expertise about the personality and assessment of the capacity of the agent to testify; b) social reintegration services, preparation of report containing analysis of the socio-familial and professional framework of the condemned and the assessment of their needs and perspectives of social reintegration; c) ex officio or at the request, the other steps necessary for the decision. 2-in the same order, the judge shall fix the time limits in which they must be submitted the documents and reports and performed the steps referred to in the preceding paragraph. 3 it applies, with any necessary adaptations, the provisions of article 159 and in paragraphs 4 and 5 of article 158 Article 167 Processing subsequent 1-Delivered the order declaring closed the statement, is the proponent notified to, in 5 days, claiming what is convenient, after which are the record continued with a view to the Public Ministry, in the same period , an opinion.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 135 2 – notification and communication of the decision shall apply the provisions of article 161 Article 168 1 Remission – is correspondingly applicable the provisions in the previous Sub-section about the review, and the application of the condition of the hospitalized. 2-in the cases referred to in point (b)), paragraph 1, and paragraph 2 of article 164, applies the provisions of article 163, concerning the implementation and the freedom to test. Section III common provisions Article 169 replacement of prison for provision of community work 1-in the cases referred to in article 99, paragraph 3 of article 105 and paragraph 3 of article 106 of the Penal Code, the requirement for the replacement of the jail time for provision of community work is presented until two months before the date calculated for the mandatory review or request for review and the doomed indicate your educational and professional qualifications, their work and family situation and, if possible, the entity in which you intend to provide work. 2-the Court may request additional information to probation services, including the location and working hours. 3-the Prosecutor issues opinion on your own record. 4-the replacement decision indicates, inter alia, the number of working hours and time and the entity to whom it is provided, being: a) notified to the inmate and the Prosecutor;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 136 b) communicated to social reintegration services and the entity to whom the work should be provided. Revocation of the provision of article 170 work in favour of the community to the breach of the provision of community work is correspondingly applicable to the provisions regarding the incident of breach of probation, being necessarily ear Defender. Article 171 resources and its effect 1-appeal of decision, refuse, hold or extend the internment and to enact their cessation. 2-are also appeal decisions of replacement of imprisonment has not yet fulfilled by providing work in favor of the community and the repeal of this. 3 – Are still appeal the decisions to grant, refuse or revoke the freedom to test. 4-have suspensory effect the appeals of decision: a) Determine relocation; b) Replace jail time not yet accomplished by provision of community work or repealing this; c) Revoke freedom to test.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 137 Chapter IV approval of plans article 172 Processing 1-Received and booked the individual plan of rehabilitation or therapeutic and rehabilitation plan, the Secretariat, regardless of order, open order to Prosecutors for comment. 2-then, go the record to the judge concluded, which dispatches: a) Approve the plan; b) does not approve the plan, indicating the reasons for its decision. 3 – the order of approval is notified to the Prosecutor and to the inmate and communicated with full certificate plan approved, the respective establishment and social reintegration services. 4-in case of non-approval, the order is notified to the public prosecutor's Office and communicated to the establishment so that within 15 days and with observance of the formalities legally required, the reformulation of the plan. 5 – the approval of the amendments to the plan applies the preceding paragraphs.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 138 chapter V parole section I Granting Article 173 1 Statement – up to 90 days before date acceptable to grant parole, the judge asks: the prison services) report containing an assessment of the development of the personality of the inmate during the execution of the sentence, of the skills acquired during this period from his prison behavior and its relationship with the crime committed; b) social reintegration services Report containing evaluation of remaining social reintegration needs, prospects for family, social and professional environment of the inmate and the conditions that must be subject to granting of parole, pondering yet, for this purpose, the need to protect the victim; c) ex officio or at the request of the Prosecutor or the convicted, other elements that are relevant to the decision, setting a period for this purpose. 2-the statement must be completed until 60 days before the date permitted for the granting of parole. Article 174 Processing subsequent 1-Terminated the instruction, the judge, by order, shall convene the technical Board to one of twenty days and designates time for inmate's hearing, which takes place in Act followed the meeting of that body.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 139 2-the order is notified to the public prosecutor, the prisoner, the Defender, when his soul, and communicated to the prison and probation services. Article 175 1-Technical Council Board members provide Technical clarifications requested to them, particularly with regard to the reports that the respective services have produced. 2-the Technical Council opinion, determined by the vote of every one of its members, as the granting of parole and the conditions to which it should be subject. 3 – if it deems it appropriate, with a view to the possible subordination of parole the proof scheme, the judge asks the probation services to draw up, within fifteen days, of the plan of social reintegration. 4-Technical Council meeting minutes shall be drawn up. Article 176 Hearing of inmate 1-the judge questions the prisoner on all aspects that apply to the decision in question, including consent to the application of parole, after which gives the word to the public prosecutor and the Defender, if they are present, which may require the judge to formulate the question relevant. 2-the inmate can offer the evidence it deems convenient. 3-the judge decides, by Decree is not actionable, about the relevance of the questions and the admission of the evidence.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 140 4-Case perspective as required the subjection of inmate medical treatment or a cure in appropriate institution, the judge gathers therefore consent. 5-the inmate is reduced to auto. Article 177 opinion of the public prosecutor and decision 1-the Prosecutor, within five days following the hearing of inmate, send, in autos, opinion on the granting of parole and the conditions that it should be subject. 2-When to grant parole, the judge: a) Determines the date of expiry; b) Determines the date on which the five years in the case and for the purposes set out in paragraph 5 of article 61 and paragraph 2 of article 90 of the criminal code; c) lays down the conditions to which it is subject; and d) Approves the plan of social reintegration, if necessary proof scheme. 3-the judge's decision is served on the prisoner, the proponent and the public prosecutor's Office and, after transit, reported to prison services and social reintegration and, in case of granting, in respect of other services or entities which have to intervene in the execution of probation and criminal identification services, through the criminal record. Article 178 the Suspension decision the judge may suspend, for a period not exceeding three months, in order to check for certain conditions or conditions or the preparation and approval of the plan of social reintegration.

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Draft law No. 252/X 141 article 179 1 Feature-the feature is limited to the question of the granting or refusal of parole. 2-Has legitimacy to the Public Ministry and the inmate, this just about the refusal of parole. 3-the appeal of the decision to grant suspensive effect when the opinions of the Technical Committee and the public prosecutor have been opposed to the granting of parole and is of urgent nature, in accordance with article 151 Article 180 1 instance Renewal – Without prejudice to article 61 of the Penal Code, in cases that have not been granted parole and prison should continue for more than a year , the instance is renewed every 12 months, from the date on which the previous decision was given. 2-in the case of relatively indeterminate sentence, even if show accomplished the penalty that specifically fit the crime committed, the instance is renewed: a) a year has elapsed on the grant of parole; b) After two years on the beginning of the continuation of the fulfilment of the penalty when his parole is revoked. If parole is not granted, the Court is renewed each subsequent period elapses a year. 3-apply to the renewal of the instance, mutatis mutandis, the rules laid down in the preceding articles.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 142 Article 181a time limits If the condemnatory sentence is made absolute after the ninetieth day preceding the date acceptable to granting parole: a) the time limit for statement completion is thirty days of the receipt of the elements referred to in Article 477.º of the code of criminal procedure; b) the time limits laid down in paragraph 1 of article 174, paragraph 3 of article 175 and paragraph 1 of article 177 are reduced to half. Replacement of article 182 article probation for carrying out the expulsion penalty 1 – having been applied accessory penalty of expulsion, the Court of Execution of orders his execution as soon as they're completed two thirds of the prison sentence. 2 – the Court of enforcement of Penalties may decide the anticipation of execution of the sentence of expulsion accessory, instead of granting parole as soon as judge filled the assumptions of this. 3-for the purposes of the preceding paragraph, are followed the procedures provided for in this Subsection, with the consent of the inmate cover replacing the eventual granting of parole for execution of the sentence of expulsion accessory. 4 – the decision to determine the execution of the sentence of expulsion shall be notified to the entities referred to in paragraph 3 of article 177 and still in the service of foreigners and borders. 5 – the action brought against the decision to enact the accessory penalty of expulsion execution have suspensive effect and is of urgent nature, in accordance with article 151 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 143 section II enforcement and non-compliance with Article 183 Reports of implementation of social reintegration services and other services or entities which have to intervene in the execution of probation for support and monitoring of compliance with the rules of conduct laid down, they refer to the Court reports at intervals or within for this set. Article 1-184.º of Communication failure the failure of social reintegration plan or rules of conduct imposed is immediately communicated to the Court of execution of Sentences and social rehabilitation services by other departments or entities involved in the implementation of parole. 2-the sentencing for crimes committed during the period of probation is immediately communicated to the Court of execution of Punishments, and posted a copy of the judgment. Article 185 Incident of non-compliance 1-failure incident begins with the assessment of communication referred to in the previous article. 2-the court notifies the incident's openness to the public prosecutor, probation services and the other services or entities involved in the implementation of parole to convicted and his Defender, with an indication of the facts concerned and of the time and place appointed for the hearing, which occurs in one of ten days later.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 144 3-the hearing referred to in the preceding paragraph shall apply, mutatis mutandis, the rules for the hearing of inmate in the procedure for the granting of parole. 4-the lack of the condemned as unjustified effective hearing for all legal purposes. 5-After the hearing, the judge orders the additional steps necessary, namely repute with the social reintegration services and other services or entities involved in the implementation of parole. 6-the Prosecutor's own opinion about the consequences of non-compliance proceedings. 7-the judge's decision is served on the prisoner, the proponent and the public prosecutor's Office and, after transit, reported to prison and social reintegration services, other services or entities that were involved in the execution of probation and, in case of revocation, the services of criminal identification, through the criminal record. 8 – in the event of the withdrawal, the public prosecutor at the Court of Execution of penalties carries out the calculation of the term of imprisonment to be served, for the purposes of paragraph 3 of article 64 of the Penal Code, with the statement, after approved by the judge, notice to the condemned. Article 186 1 – Feature may use the convicted and prosecutors. 2-the feature is limited to the issue of repeal or not repeal of parole. 3-In case of withdrawal, the appeal has suspensive effect and is of urgent nature, in accordance with article 151.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 145 Article 187 § Extinction of the punishment After the term of probation, the judge declares the penalty if there are reasons that may lead to their withdrawal, applying accordingly paragraph 2 of article 57 of the Penal Code. Section III period of adaptation to probation article 188 adaptation to probation 1-the convict can apply to the Court for the application of penalties to grant adaptation to probation under stay in housing with supervision by technical means of remote control, from two months before the maximum period laid down for that purpose in article 62 of the Penal Code. 2-the application is presented in prision and contains information about the location where the inmate wishes to reside and Declaration of consent of the people who reside there. 3-the director refers to the execution of Court sentences, within eight days, the application accompanied by biographical note. 4-in case of rejection, the judge requests that are drawn up in thirty days: the prison services) report containing an assessment of the development of the personality of the inmate during the execution of the sentence, of the skills acquired during this period, his prison behavior and its relationship with the crime committed;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 146 b) social reintegration services Report containing information concerning the existence of the legally required conditions for staying in housing with supervision by technical means of remote control and remaining needs assessment of social reintegration, the perspective of family, social and professional environment of the inmate, the conditions should be subject to the parole still, pondering, for this purpose, the need to protect the victim. 5-the judge may request other elements which it considers relevant, determining a deadline for its presentation. 6-apply the processing subsequent articles 174 to 178 and paragraph b) of Article 181a. 7-the implementation of adaptation to probation under staying in housing, with supervision by technical means of remote control, is carried out in accordance with articles 183 to 186 and in other terms provided for by law, and the social reintegration services: a) immediately after the release of the inmate, proceed to the installation of the technical means of remote control and report to the Court of execution of sentences; b) at the end of the period of adaptation to probation, removing the technical means of remote control, communicating it to the Court of execution of Sentences.



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Chapter VI judicial output License Grant section I Article 189-presentation and application instruction 1-the license grant of judicial output is required by the inmate. 2-the request is directed to the judge of the Court of Execution of local jurisdiction and submitted at the registry of the relevant prison, against receipt. 3 – Registered the application, reference is made to the Court of execution of Feathers, accompanied by the following elements: a) disciplinary Record; b) information on arrangements for the execution of the sentence or measure involving deprivation of liberty, the date of deprivation of liberty, pending cases, if any, duress imposed measures and possible circumvention. Article 180 Processing subsequent 1-Booked the process, is the judge, conclusion not in case of refusal, means day and time for the meeting of the Technical Committee. 2-the judge rejecting outright the request when the elements that instruct the process resulting in the no checking of requirements under article 79 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 148 3-the order is served on the Attorney General's Office and communicated to the prison and probation services. Article 191 1 Technical Council – the technical Board opinion, determined by the vote of every one of its members, concerning the grant of license and output the conditions to which it should be subject. 2-whenever the understand necessary, the judge stops the Technical Council meeting and the hearing of inmate, in the presence of the public prosecutor's Office. 3-Technical Council meeting minutes shall be drawn up, which has been recorded on the scoresheet of statements by the prisoner. Article 192-1 Decision the Prosecutor, opinion, after which the judge delivers decision dictated to the minutes. 2-When licensing of judicial output, the judge shall fix the duration and conditions. 3 – When not to grant, can the courts judge, fix term below that provided for in the law for the renewal of the request. 4 – the decision is notified to the Prosecutor and, in accordance with the following article, the reclusive and still communicated to social reintegration services and other services or entities that must follow the conditions eventually imposed.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 149 article 193 output and warrant certificate the prison official to meet the reclusive delivery output warrant a duplicate of the warrant and a copy of the decision and will inform you of the conditions of the concession and the penalties that shall be subject in case of default, all tilling certificate. Section II Article 194 failure communication failure to the failure of any of the conditions imposed on the grant of judicial output license is immediately communicated to the Court of execution of Punishments by the director of the correctional facility and any other entities or services to monitor their execution. Article 195 Incident of non-compliance 1-failure incident begins with the processing of the communication referred to in the preceding paragraph and, if you have as a basis the non return of the prisoner to the prison within the specified period, the judge orders immediately, the passage of warrant. 2 – is correspondingly applicable the provisions of paragraphs 2 to 6 of article 185 3-the judge's decision is served on the prisoner, the proponent and the public prosecutor's Office and, after transit, reported to prison services and social reintegration.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 150 4-In case of withdrawal, the public prosecutor at the Court of Execution of penalties carries out the calculation of the term of imprisonment to be served, indicating the dates calculated for the term and for the purposes provided for in articles 61 and 62 of the Penal Code and the reckoning, after approved by the judge, notice to the condemned. Section III Article 196.º 1 Resource Resources – the Prosecutor can appeal the decision to grant, refuse or revoke the license of judicial output. 2-the inmate can only appeal the decision to revoke the license of judicial output. 3-the action brought against the decision to grant or revoke the license of judicial output has suspensive effect. Chapter VII verification of legality Article 197 Covered the process of verification of legality concerns the assessment of the public prosecutor, the legality of decisions of the prison services which, in accordance with this code, you should be notified to that effect.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 151 Article 198 Communication of decisions The prison services communicate to the Prosecutor immediately, without exceeding 24 hours, subject to verification of legality, accompanied by the elements that formed the basis for the decision. Article 199.º Processing Received the communication, the public prosecutor's Office: a) injunction archiving Utters when complete by the legality of the decision; or b) Contests, in autos, the decision, requesting its cancellation. Chapter VIII Disputes section I General principles and processing 200th Article Impugnabilidade decisions of the prison services are open to challenge, in the cases provided for in this code, the Court of execution of Sentences. Article 201 1 process Object-the object of the proceedings is determined by reference to the contested decision and can lead: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 152 a) annulment of the contested decision by prosecutors in following the process of verification of legality; (b)) the amendment or cancellation of the contested decision by the inmate, in other cases. 2-Without prejudice to the principle of the adversarial procedure, the Court of execution of Sentences must pronounce on all the causes of invalidity of the decision, whether or not expressly invoked. Article 202 effect of challenge 1 – unless this code has differently, the challenge does not have suspensory effect. 2 – The appeals with suspensive effect are urgent in nature, are immediately and tramitadas with preferred over any other stage. Article 203 and 1 form-is eight days the deadline for the impeachment, after the communication or notification of the decision, except in the case of disputes on disciplinary decision, in which case the period shall be five days. 2-the challenge doesn't obey special formalities, but should contain summary of reasons of fact or law to support the request and be topped by conclusion, in which the company in question to identify concisely his claim. 3-dealing with a matter of fact, the company in question indicates, the end, the evidence that you want to see produced. 4-law, On the company in question must specify, in conclusion, the legal rules that have been violated by the decision is understood.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 153 Article 204 injunction 1-Received the challenge, the judge dispatches within five days, to reject as inadmissible or manifestly unfounded when, or to admit. 2-the judge may request the company in question to perfect it, particularly when it is silent, dark, or when it is unintelligible to completion. Article 205-1 Statement Admitted the dispute, the judge shall notify the author of the contested decision, as well as the public prosecutor when there is the company in question, to, want, reach a decision within five days. 2-ex officio or at the request, the judge determines the realization of due diligence of evidence to understand necessary. 3-in the case of disputes on disciplinary decision, the Secretariat, regardless of order, requests, by the most expeditious, to prison services the consignment of disciplinary procedure and copy of medical report, if any. 4-the judge rejecting by order is not actionable, the production of evidence that are minimum or no interest to the decision to make. Article 206 1-Decision Produced the evidence, when there is place, the judge makes a decision, which shall be notified to the public prosecutor, the prisoner, the author of the Act in question and the other entities that might be affected by it. 2-in the case of disputes on disciplinary decision, the deadline for decision is five days.

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Article 207 of the contested decision be repealed with retroactive effect 1-If, pending or prior process, without which, in this case, the prosecution or the prisoner that had or should have had knowledge: a) Is repealed, retroactively, the contested decision and unlike regulated the situation; or b) Is, in any case, as amended or replaced, in whole or in part, the contested decision by another with identical effects, may the public prosecutor or the inmate requires that the process continue against the new Act, if their illegal, and, if they so wish, claim new grounds and offer different evidence. 2-the application is lodged within the revocation and of challenging that act before the final transit of the decision that deems the instance. Article 208 Repeal without retroactive effect or cessation of effectiveness 1, pending or prior process, without which, in this case, the prosecution or the prisoner that had or should have had knowledge, is repealed, without retroactive effect, the contested decision, the process continues with respect to the effects produced. 2-the provisions of the preceding paragraph also applies to cases in which, differently the revocation, cease or runs out the effect of the contested decision. 3-If the termination of the purposes of the contested decision is accompanied by new regulation of the situation, the public prosecutor or the inmate receive the option provided for in paragraph 1 of the preceding article.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 155 Article 209 obligation to execute the decision 1-the author of the contested decision, as the case may be: a) Takes a new decision, if the circumstances of the case so require, within 5 days, respecting the grounds of annulment; b) executes the judgment by the Court of Execution of penalties, within her. 2-In any case, the author of the contested decision must reconstitute the situation that would exist if the decision had not been rendered void, in particular removing of facts the consequences she produced. Article reformatio in pejus ban 210.º the Court cannot modify, in prejudice to the inmate disciplinary measures contained in the contested decision, in its kind or extent. Article 211 independent judged the decision of the Court of execution of Sentences as to the legality or illegality of the decision of the prison services cannot be affected in their effects for judgment in Court of another order.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 156 section II enforcement of judgments Article 212.º Petition 1-When the prison service does not execute the judgment within the time limits set out in article 209, the company in question may submit, in 15 days, petition of the court convicting. 2-in the petition, the operator specifies the acts and operations which must be carried out to full execution of the sentence. 3-failure to comply with the provisions of the preceding paragraph does not lead to rejection of the petition, the judge may ask the creditor to improvement within 5 days. Article 213 further Formalities 1-Accept the petition, the Secretariat shall: a) The entity liable to execution, to reply within a period of 8 days; b) public prosecutor, if he has not been to submit the petition. 2-Received the reply or exhausted their term, the judge orders the endeavours to use its which it considers necessary, accordingly the provisions of paragraphs 3 and 4 of article 205, after issuing decision. Article 214 Decision When judge upheld the claim of the plaintiff, the Court: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 157 to) Specifies the acts and operations to be undertaken in order to implement the sentence; and (b)) the deadline for Fixed practice. Article 215-replacement in the implementation, at the end of the period referred to in the previous article, the requested Party has not given the execution sentence, the Court, of its own motion or at the request of the operator, send notify the holder of hierarchical powers or supervision on that entity to that sentence is in its place. Chapter IX amendment to the execution of the sentence of imprisonment of inmates suffering from serious illness, and irreversible evolutionary or serious and permanent disability or advanced age Article 216 Legitimacy Have legitimacy to require modification of the execution of the sentence of imprisonment provided for in Title XVI of book i: the) convicted; b) the spouse or the person of another or of the same sex with whom the convict keep a relationship comparable to that of spouses, or family; c) the Prosecutor, ex officio or upon reasoned proposal, in particular the director of the correctional facility.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 158 Article 217 presentation and application instruction 1-the request is directed to the judge of the Court of Execution of penalties which, outside of cases of presumed consent, provides for the immediate notification of the condemned, when is not the applicant, for providing your consent, correspondingly the provisions regarding consent to parole. 2 – Obtained the express consent or going on yet that prove the presumed consent, the Court of execution of Punishments promotes procedure with the following elements, as in the case of inmate with serious and irreversible disease, with disabilities or serious and permanent illness or advanced age: the clinical Opinion of the competent services) of the correctional facility, containing the characterization , history and clinical prognosis of the irreversibility of the disease, the stage and the therapeutic response not available, the indication of the medical and psychological follow-up provided to the convicted and the proper mode of modification of the execution of the sentence; b) Seem competent services clinical correctional facility, containing the characterization of the degree of disability or disease, its irreversibility, degree of autonomy and mobility, the medical and psychological follow-up provided to the convicted and the proper mode of execution of the sentence modification; or c) birth certificate and clinical opinion of the competent services of the prison, containing the characterization of the degree of autonomy and mobility, the medical and psychological follow-up provided to the convicted and the proper mode of execution of the sentence. 3-In all cases the request is still accompanied by: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 159 a) Report of the director of the establishment on the fulfillment of the sentence and the prison situation of the condemned; b) social reintegration services Report containing evaluation of the family and social environment of the condemned and, based on the opinion provided for in the preceding paragraph, the internment or possibilities of concrete in housing and the compatibility of the modification of the execution of the sentence with the requirements of order and social peace; c) correctional facility medical opinion as to the impossibility of the doomed to meet the conditions for modification of the execution of the sentence or to comment on them, whenever to prove his presumed consent. 218 article 1 – after the subsequent Processing instruction, the process is continued with a view to the public prosecutor, if this is not the applicant, within two days, an opinion or request what is convenient. 2-going on the process proceeding, the judge may order the execution of skills and other necessary steps, after which decides within two days. Article 219 Decision the decision determines the modification mode of execution of the sentence and the conditions that this is subject, being notified to the public prosecutor, the convicted and the applicant other than the convict, and communicated to the prison, reintegration services and other entities which have to intervene in the execution of the modification.

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Article 220 of the treaty implementation of the decision is the responsibility of the social reintegration services, monitor the implementation of the decision of modification and, in particular: a) report containing evaluation of execution, on a quarterly basis or at intervals determined by the Court; b) Provide or arrange for it to be provided appropriate psycho-social support to the convicted and their family, in coordination with the competent public services, in particular in the fields of health and social security, and with the collaboration of entities, public or private, whose intervention justified; c) Communicate immediately the Court of Execution of the verification of the circumstances that may lead to the replacement of the given execution mode or repeal; d) inform the Court of execution of the death Sentences of convicted when for any other reason has not been declared extinct the penalty. Article 221 amendment of decision to replace the run mode and the withdrawal of the modification of the implementation applies, with any necessary adaptations, the provisions regarding the incident of breach of probation. 222.º Feature article 1-is there a possibility of appeal to grant, refuse or revoke the amendment of the execution of the sentence.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 161 2-have suspensive effect the action brought against the decision of withdrawal of modification of the execution of the sentence. Chapter X Pardon article 223 Legitimacy the total or partial reprieve of sentence or security can be: a) requested by the convicted, by the legal representative, by the spouse or person of another or of the same sex with whom the convict keep a relationship comparable to that of spouses, or family; b) Proposed by the director of the establishment to which is permanently the prisoner. Article 224 presentation of request the request or proposal is directed to the President of the Republic and may be submitted by 30 June of each year. Article 225a Instruction 1-the application or proposal is referred by the Ministry of Justice to the Court of execution of Punishments, for instruction. 2-Booked the order or proposal, the Secretariat, regardless of order, requests, in five days, the following elements: a) If the convicted is deprived of freedom: i) information contained in the personal file of the prisoner;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 162 ii) report of the prison services containing evaluation of evolution of personality of the inmate during the execution of the sentence, of the skills acquired during this period, his prison behavior and its relationship with the crime committed; III) opinion of the director of the correctional facility. b) social reintegration services Report, containing comprehensive needs assessment of social reintegration, the perspective of family, social and professional environment of the condemned and the need for protection of the victim; c) where the request or proposal is based on health reasons, information on the State of health and how this reconciles with the execution of the sentence; d) updated criminal record condemned; and Copy of the judgment or ruling) damning; f) Statement, approved by the competent judicial authority. 3 – Obtained the elements referred to in the preceding paragraph, are the record continued with a view to prosecution, to promote other supporting acts to understand necessary or to proceed according to the provisions of the following article. 4-the statement of the process must be completed within 90 days from the date of infraction notice in the Court of execution of Sentences. 5-the period referred to in the preceding paragraph may, exceptionally, be extended up to a maximum of 120 days, if the judge, ex officio or at the request, so the courts decide. Article 226 opinions and shipment of autos 1-After the statement, the Prosecutor issues appear within five days.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 163 2-Issued the opinion, the judge pronounced within eight days and orders the referral of the case back to the Minister of Justice, which leads them to the decision of the President of the Republic. Article 227.º presidential decree and immediate release of inmate 1 – the day of the annual grant pardon is the 22 day of December. 2-the presidential decree granting the pardon or the order that denies it is after the case back to the Court of execution of Sentences: a) notice to the condemned, the applicant other than the convict and to the public prosecutor; b) In cases where the grant is made, communicated to the respective processes of conviction and criminal identification services through the record. 3 – When the granting of pardon to imply the immediate release of a pardon, the presidential decree is soon reported, by the Ministry of Justice, the Court of Execution of penalties, with a view to the issuance of the corresponding warrant. Article 228 1 Revocation – the reprieve may be revoked, until such time as the term would occur, in the following cases: a) If were to prove false the facts that substantiate your claim; or b) if there is breach of conditions which have been subordinated. 2-the revocation is sought by prosecutors, of its own motion or at the request of the Minister of Justice.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 164 3 – carried out démarches to use its relevant, the judge pronounced and orders the consignment of the file to the Minister of Justice, who will present to the President of the Republic for decision. 4-the presidential decree to revoke the pardon is, after the case back to the Court of execution of Sentences: a) communicated to the convicted and Prosecutors; b) communicated to the respective processes of conviction and criminal identification services through the record. Chapter XI provisional Cancellation of criminal record Article 229a cancellation Purpose and legitimacy 1 – for the purposes of employment, public or private, for the exercise of a profession or activity whose exercise depends on public title, authorization or approval of a public authority, or any other legally permitted purposes, can be requested the total or partial cancellation of decisions which should appear on certificate of criminal record issued for those purposes. 2-cancellation can be requested by the person concerned, by the legal representative, by the spouse or person of another or of the same sex with whom the convict keep a relationship comparable to that of spouses, or in a reasoned request, specifying the purpose for which it is intended the cancellation, accompanied by proof of payment of compensation has been convicted. 3-unable to join the document referred to in the preceding paragraph, may be made by any other means the proof of compliance with the obligations to compensate, their extinction by any legal means or the impossibility of fulfilment.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 165 4-with the application can be offered witnesses, up to a maximum of five, as well as other evidence of verification of the assumptions of the provisional cancellation provided for in Criminal Identification Act. Article 230 injunction 1-Received and booked the application, will the process conclusion the judge to injunction. 2-as the case of rejection, for show, soon in the face of initial application, proven enough the lack of provisional cancellation assumptions, the judge sends the process and notify the applicant. 3-the order for dismissal given in accordance with the preceding paragraph shall appeal to the Court of appeal. 4-going on the process to proceed, the judge dispatches: a) notify the applicant, in deadline set, complete the request or add missing documents; b) order the production of evidence offered by the applicant and the other for convenient for the good decision. Article 231.º view and opinion of the public prosecutor Produced the evidence, the process is continued with a view to the Public Ministry, in five days, an opinion.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 166 article 232 notification and communication of sentence 1-the sentence is notified to the applicant, the person concerned who is not the applicant and to the public prosecutor. 2-Being the claim, the sentence is still communicated to criminal identification services through the record. Article 233 1 Revocation – the provisional cancellation is revoked if the person incurring new felony conviction and the assumptions are relatively undetermined penalty or recidivism. 2-the withdrawal is declared at the request of the public prosecutor. 3-for the purposes of this article, criminal identification services inform the public prosecutor at the Court of execution of Punishments of delivery of sentencing against defendants for which force cancellation of the provisional record. 4-the revocation of the provisional cancellation is communicated to criminal identification services through the record.



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Chapter XII supplementary article 234 Procedure Processing the supplementary process follows, mutatis mutandis, the formalities of the procedure for the granting of parole. Title V chapter I Features appeal to the Court of appeal Article 235 challengeable 1 Decisions – decisions of the Court of appeal of Execution for the relationship in the cases expressly provided for by law. 2 – Are still appeal the following decisions of the Court of execution of Sentences: a) extinction of the punishment and custodial security measure; b) concession, refusal and revocation of the provisional cancellation of criminal record; c) uttered in supplementary process. Article 236 1-Legitimacy unless the law provides differently, have legitimacy to resort: a) the Prosecutor;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 168 b) convicted or who legally represents it, the decisions against him handed down; (c)) the applicant, when is not the Prosecutor or the convicted, decisions which are unfavourable. 2-can't appeal who has no interest in acting. Article 237 the resource Scope 1-except as provided in the following paragraph, or when the law provides otherwise, the resource covers the whole decision. 2-the resource can be limited to the matter of fact or question of law. 3-the resource limitation does not affect the duty of the Court of appeal to withdraw from its origin the consequences legally imposed in respect of all the contested decision. Article 238 ramp Scheme 1-Rise in own record the appeals of termination of proceedings. 2-climb the other separated resources. 3 – the resources go up all at once and just have suspensory effect of the decision in the cases expressly provided for in this code. Article 239.º Remission at all it is not contradicted by the provisions of this code, resources are brought, processed and prosecuted as the resources in criminal proceedings.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 169 Chapter II special features for Standardization of case law Article 240 of the Rulings Against Opposition-1 When, in the field of law, a Court of Appeal judgment which is made by the judge, on the same question of law for the enforcement of punishments and custodial measures, is in contrast with another of the same or of different Relationship , is allowed to appeal against the judgment delivered in last place. 2 – The following are considered judgments delivered in the field of law when, during the interval of their delivery, no legislative modification has occurred that interfere, directly or indirectly, in resolving the question of law at issue. 3 – in support of the resource can only invoke himself previous judgment acquired the authority of a final decision. Article 241 entitled to Legitimacy: a) the Prosecutor; (b)) the subject against which was handed down the judgment. Article 242 required Resource 1-the Prosecutor uses, being always permissible feature: a) Of any judgment given against the jurisprudence of the Supreme Court of Justice;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 170 b) Of judgment in the particular challenge that, in the field of law and as the same point of law, is in opposition with another issued by Court of the same species; 2-To the effect provided for in paragraph 1, the subject was issued against the contested decision may request to the public prosecutor the appeals. 3-To the effect provided for in paragraph 1, the prison service and the probation service shall notify the Prosecutor of opposition decisions as soon as they become acquainted with her. 4-the appeal is brought in the 30 days following the delivery of the decision in question, the public prosecutor at the Court that has delivered, to which are directed communications referred to in the preceding paragraph and the request provided for in paragraph 2. 5-the appeal of final decision hasn't suspended, until their trial: a) the time limit for appeal to the relationship; b) subsequent terms feature installation, with regard to the legal issue in question. 6-in the case referred to in the preceding paragraph, the feature only has suspensive effect to the contested decision if this is specifically the effect legally assigned to the appeal for the relationship. Article 243 Interposition the workholding resource case law is brought to the full criminal section of the Supreme Court of Justice.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 252/X 171 Article 244 Remission to the filing, processing and trial of resources previously provided and to the publication and effectiveness of its outcome, apply, mutatis mutandis, articles 438 to 446.º of the code of criminal procedure. Article 245 Resources in the interests of unity of law 1-the Attorney General of the Republic may decide, ex officio or at the request of any interested party, if appeals are filed against the interest of the unity of the right. 2 – the interposition, the processing of the resource and the effectiveness of its decision applies Article 447.º of the code of criminal procedure. Article 246.º subsidiary legislation shall apply on a supplementary basis and with the necessary adaptations, the provisions of the code of criminal procedure governing the ordinary resources.