Key Benefits:
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Proposed Law No. 252 /X
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Exhibition of Motives
1. The Enforcement Act of the Penas and Privative Measures of Freedom (Decree-Law
n ° 265/79 of August 1, as amended by Decrees-Laws No. 49/80 of March 22, and
n. 414/85, of October 18) and the Organic Law of the Courts Enforcement Courts
(Decree-Law No. 783/76, of October 29, amended by Decrees-Laws No. 222/77, of 30
of May, and paragraph 204/78, of July 24) are both prior to the Criminal Code of 1982 and to the
1987 Penal Process Code-meanwhile the target of several reforms, the most recent
in September 2007-, and remain to be reviewed, despite the close relationship that the
matter of the execution of the penalties and custodial measures of freedom maintains with the Right
Noun and adjective penal.
In addition to that reason, the disupdating of the said laws in the face of the evolution of practices
penitentiaries, the alteration of the profile of the reclusive population, the evolution of social reality and
criminal and the new challenges of the penitentiary intervention imposes the reform of the subject matter
execution of the penalties and custodial measures of the freedom, either in its material strand or in the
its procedural strand.
The correspectivity between both these strands justifies, by their shift, at their junction in a
only legal diploma-a Code of the Enforcement of the Penas and Privative Measures of the
Freedom. This solution, innovative in our legal planning, allows for agglutination
of standards currently dispersed by various legal diplomas and offers a perspective
integrated from the prevailing normative framework in respect of the implementation of penalties and measures
deprivation of liberty.
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2. In the substantive plan, the present proposal of law contains the fundamental principles of
execution of the penalties and custodial measures of liberty, intending that the Code will come
to be regulated by a General Rules of Prisons, apt to
guarantee a homogeneous application of the law throughout the prison system.
3. Redefine the legal status of the reclusive and strengthen its guarantees in the course of the
fulfillment of the penalties and custodial measures of freedom.
The present proposed law establishes, as a guiding principle, that the execution of the penalties
and deprivative measures of liberty must take place under conditions that ensure respect
for the dignity of the human person, in harmony with the Constitution, with the instruments
applicable international law and with the law.
Other guiding principles of the implementation are also enshrined, such as that of respect for the
rights and legally protected interests of the reclusion not affected by the conviction; the
of the prohibition of any form of discrimination; that of the approximation to the positive aspects
of life in community; that of promoting the sense of responsibility of the reclusive, through
of the stimulus to their participation in the preparation for freedom; and that of which the execution should
carry out in cooperation with the community.
4. Defined expressly, in autonomous articles, the rights and duties of the reclusive, the
which constitutes an innovation in the Portuguese legal planning, of which
highlight, in particular, the right to information, consultation and legal advice by
part of attorney, the right of access to your individual process, the extension of the right to
keep with you children up to the age of five years, the right of suffrage and the right to
protection of private and family life.
The definition of duties of the reclusive is oriented towards a respectful living of the rules
existing in the prison medium as a form of civic preparedness for the return to society.
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The placement of the reclusive in a security regime becomes dependent on objective requirements
expressly consigned to the law, communicated to the Public Prosecutor's Office with the Court of
Execution of the Penas for verification of legality, and for the first time it is conspicued
expressly in law the open regime, mentioning its assumptions and calling the
Prosecutor's Office to the Court of Enforcement of the Penas for verification of legality
of the decisions.
5. Still in the matter of guarantees, the redefinition of the disciplinary procedure has proceeded
with a view to the adoption of principles and rules, such as the prohibition of the analogy to qualify a
fact as an offence, the ban on double punishment for the same fact, the definition of
disciplinary recidivism, of tender for offences and of continuing disciplinary infringement, the
taxative enumeration of the disciplinary offences, classified in two scales, the admission
of the suspension of the execution of the disciplinary measure, the statution of rules on limitation and
suspension of the disciplinary procedure and the express possibility of the reclusion to present
evidence for his defense.
In the matter of safeguarding rights and means of guardius, the right of
complaint, petition, complaint and exhibition, with express reference to the entities and bodies to
who inmates are allowed to drive and with mandatory response, in the case of the director
of the establishment, within the maximum period of 30 days.
It devotes a greater degree of requirement in the rationale for decisions affecting the
reclusive and ensure notification of acts relating to it, without prejudice to the
safeguard of order and security.
6. From the perspective of the control of acts of the prison administration, the principle of
Jurisdictionalization of the execution is reaffirmed, extending very significantly to
intervention of the Court of Execution of the Penas.
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Thus, specifically, decisions regarding the placement of the reclusive want in open regime,
or in security arrangements, the decisions to withhold correspondence and the decisions of
application of the most serious special security measures are communicated to the Ministry
Public with the Court of Enforcement of the Penas for verification of the respective legality.
The individual readaptation plan, as well as its amendments, are approved by the
Court of Execution of the Penas, which decides also on the loss of goods and values
illicitly introduced by the reclusive in the prison establishment.
They further strengthen the reclusive guarantees in their relationship with the penitentiary administration,
broadening the range of decisions of this that the reclusive may challenge before the Court of
Execution of the Penas: thus, the reclusion passes on to be able to challenge the legality of the decisions of
prohibition of visits, of restriction of telephone contacts, of non-authorization of interview,
of withdrawal of leave of absence or application of the disciplinary measures of permanence
compulsory in the accommodation and internment in disciplinary cell, regardless of the
temporal graduation of these sanctions.
7. Proceed to the programming of the fulfillment of the penalties and custodial measures of freedom
on the basis of the principle of the assessment of individual needs and risks and the elaboration of the
individual readaptation plan.
The idea of observation and elaboration of an individual readaptation plan was already,
since a long time, enshrined in law. However, for reasons linked to the overcrowding of the
prison establishments and the deficiency of human resources, among others, has rarely been
led to the practice, other than for the relatively undetermined penalty cases.
This proposed law bets decidedly in the planning of treatment
penitentiary and in the drafting of an individual readaptation plan and for this provides that:
the execution of the penalties and security measures is individualized, programmed and phased, of
form to allow progressive approximation to the free life; after the admission, if the period begins
of assessment of the reclusive, with a view to allowing decisions on allocation, choice of the scheme
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of the implementation, treatment and elaboration of the individual readaptation plan; the evaluation has
into account, in addition to the more, the social media of the reclusive, the health, the acquisition needs of
skills, but also the risks posed by the reclusive and the danger of avoidance;
ended the evaluation, carried on trial of the conviction and provided that the remnant of the
penalty to be fulfilled exceeds one year, the individual readaptation plan is drawn up; the plan is
periodically assessed; the plan provides about the necessary measures for the treatment of the
reclusive, duration and fastening and focuses in particular on training and labour occupation; the
individual readaptation plan is mandatory for under 21 years and for feathers
relatively undetermined and it is always that possible drawn up with the participation of the
reclusive.
8. The present proposed law also allows for the application of some aspects of the scheme of
execution of the penalties to the preventive inmates. Effectively, the inmate preventative already
doomed by decision not carried forward on trial, benefiting from the presumption of innocence,
turns out to be undermined by the fact that this legal status is often maintained, frequently,
for a long time and, in consequence, not being able to benefit from certain aspects of the
execution regime of the feathers.
Sensitive to this fact, the present proposed law provides that the assessment of the preventive inmate is
done also with a view to raising its membership-always voluntary-to activities and
programs; that the outcome of that assessment can be considered by the court to the order of the
which complies with the coaction measure, with a view to an eventual amendment of the measure; and that the
pre-emptive jailed can receive visits, whenever possible every day, save restrictions
imposed by the court on the order of which it fulfils the measure.
9. It is enhanced the integration of the reclusive in the society, by its inclusion in the National System
of Health and the national policies of education, training and social support. The period of
reclusion should be seen as an opportunity to strengthen the bonds of citizenship of the
reclusive, increasing its inclusion in society. For so much: the execution of the penalty takes place
in cooperation with the community; expressly consecration of civil and political rights,
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including that of suffrage; it provides for own diploma in articulation with the Ministry of
Health in such a way that the inmate acquiesd to the National Health Service on equality with the
free citizen; teaching, vocational training and work are provided in a
logic of employability and social reinsertion, in the framework of national policies of
adult education and training and in articulation of programs for acquisition or
reinforcement of personal and social skills in partnership with other entities; it is expected to
provision of social and economic support to the reclusive and its household, for reinforcement and
maintenance of family ties; and call for, for these purposes, public entities
competent for social and economic support, specifically in registered office of social security,
employment, vocational training, teaching and health.
10. Valorizes prison work through the revision of a legal regime of its own for the
work developed in productive units of a business nature.
In this way, the present proposed law states the primed of work in units
productive in a business nature and, in the line of the prevailing orientation, states principles of
dignified work, protection of inmates against economic interests and of
defence against unsanitary or dangerous conditions in the labour activity.
It is affirmed the principle that the work has formative and life-preparing purposes in
freedom and establish itself a special legal relationship for work in productive units
of a business nature, by means of a diploma of its own.
This special scheme will follow as much as possible the general regime of working relations,
may not discure the specificities of life in seclusion. In particular, they must be
regulated rights and duties, schedules, social perks, unemployment allowance, accidents of
work and occupational diseases and suspension and dissolution of the employment relationship, and the fate of the
pay so as to ensure that a part of it serves the future reinsertion of the recluse.
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It is also considered to be work (although not subject to the scheme of the work in
productive units of a business nature) the provision of ancillary cleaning services and
maintenance of the facilities, remunerated equitably and benefiting from protection in
matter of accidents at work and occupational diseases.
The work is created in cooperation with public and private entities and is provided in the
interior and exterior of the prison establishments, always under supervision of services
prisals.
11. Valorizes the teaching, work, vocational training and frequency of programmes
specific with consequences in the relaxation of the execution of the penalty.
Rewarding the commitment of the reclusive to acquire future social reinsertion capabilities and
stimulating their commitment in an orderly vivance during the execution of the penalty,
are attributable to stimuli to work and to teaching.
Thus, the frequency of teaching courses is stimulated, particularly by the prediction that
relevant commitment or school use, in trainings or in programmes
in the scope of treatment planning are taken into account for the purpose of relaxation
of the penalty-that is, in the assessment of exit permits, open regime and freedom
probation.
12. The present proposed law also confers special attention on the victim, through the
following predictions: at the time of admission, the reclusive is evaluated, taking into account, in addition
of the most, the risks it poses to third parties, to the community and to the victim; in the
provision of exit permits, are considered, among others, the protection needs of the
victim; the remuneration earned by the reclusive is partially affected to the fulfilment of
legal obligations, particularly food benefits and compensation to the victim;
upon consent, the reclusive participates in restorative justice programs and of
repair of your offence.
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13. The participation of the community in the execution of the penalties is enhanced. It reclaims that a
of the guiding principles of the implementation is that of this course, as far as possible, in
cooperation with the community.
In addition to other aspects already mentioned that translate the demand for a fort
interaction between the prison system and the community, it stands out the duty of the administration
prison of promoting the participation of private institutions and volunteers in
cultural, occupational, social and economic activities and in social reinsertion,
particularly, in matters of accommodation and employment.
In order to achieve the membership and the interest of the community, the prison services should
promote information actions on the objectives and results of the work that
develops.
14. This proposed law also aims to incorporate into the Code the institute of the modification
of the execution of the prison sentence-currently provided for in Law No 36/96 of August 29-
and extend its scope to those convicted affected by serious, evolutionary disease and
irreversible that no longer respond to the available therapeutics; to the condemned carriers
of severe permanent disability, which obliges to third party dependence and is incompatible
with normal maintenance in a prison medium; and those convicted of advanced age,
when your state of health, physical or psychic, or autonomy proves to be incompatible
with normal maintenance in a prison medium or affect your ability to understand the
sense of the execution of the penalty. With effect, on the one hand, the regime of Law No. 36/96, 29 of
August,-applicable to convicts affected by serious and irreversible disease in phase
terminal-turned out to have scant application, in part due to the strict terms it was
defined its scope. On the other hand, it is known that in the case of recluses of
advanced age or holders of severe disabilities, seclusion brings problems for the
prison services are not vocationally: in fact, in addition to the follow-up
doctor required, there is generally a loss of autonomy in the basic activities of the
day-to-day, such as locomotion, food or personal hygiene, to demand care
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individualized and specialized, not always compatible with the situation of seclusion. The
proposed enlargement seems thus justified, for reasons of humanity, whenever the such
if they do not oppose demands for prevention or order and social peace.
15. On the procedural level and with regard to the delimitation of competences between the court
that has applied the measure of effective deprivation of liberty and the Court of Enforcement of the
Feathers, the present proposed law accords exclusively to the Court of Enforcement of the
Feathers the competence to monitor and scrutinize the implementation of deprivative measures of the
freedom, after the traffic on trial of the sentence that applied them. Consequently, the
intervention by the court of the conviction cesses with the traffic on trial of the sentence that
decreed the officer's admission of the crime in a prison establishment, in order to comply
deprivative measure of freedom. This a simple, unequivocal and operative criterion of
delimitation of competences, which brings an end to the currently existing panorama of
uncertainty as to the allocation of functions between the two courts and, up to, overlapping
practice of the same. Uncertainty and overlap that in no way favor the effectiveness of the system.
16. Attribution to the Court of Enforcement of the Penas the competence to accompany and
scrutinize the execution of the arrest and the preventive internment, subordinating some
of its decisions to the court's concordance to the order of which it fulfils the measure of
coercion, but by imposing itself whenever it is communicated to the decisions taken by the
Court of Enforcement of the Penas. This option is fundamentally scoring in three reasons.
First: the court that ordered pretrial detention is not sensitised to issues
of a regime of execution and exercise of the penitentiary activity, so it tends not to
monitor effectively the way in which the coaction measure is performed, which may
redundar in a more unfavorable treatment of the inmate preventative, absolutely contrary
to the legal presumption-constitutional of innocence that it is a beneficiary of. With what's enough
the second reason of the proposed solution: the equal treatment of all individuals
deprived of liberty by court order. Third: providing for a special resource for
uniformity of the jurisprudence of the Scenes Execution Courts, it should be concentrated
in this type of courts all as regards the execution of deprivative measures of liberty.
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17. The jurisdictionalization of execution, deepened by this proposal, expresses an option
fundamental: that the effective tutelage of the rights of the inmates requires the intervention of a
jurisdictional body that scrutinize the limitations imposed on those rights, so as to avoid
that the practical application of the penitentiary laws emptied of content guaranteed principles.
In this light, the present proposal of law defers to the Court of Execution of the Penas not only the
control of matters strictly concerning the implementation, but still of some acts of the
prison administration. In fact, I wanted to keep the penitentiary watch strand between
the competences of the Court of Enforcement of the Penas. It is a strand
traditionally integrated into the Portuguese system of control of the implementation of measures
deprivation of liberty. But with a view to avoiding the criticism that customarily they are
addressed, devotes the following solutions:
It defers to the Public Prosecutor's Office the incumbent that, more directly, associates with the
penitentiary surveillance-that of visiting the prison establishments and that of listening to the inmates.
Endows the Public Prosecutor's Office with less extensive powers of penitentiary surveillance, though
more incisive and effective. Paradigmatic example is the verification of the legality of decisions
of the penitentiary administration that should be communicated to it for that purpose and to
challenge, before the Court of Enforcement of the Penas, of those it deems illegal.
In place of positioning the Public Prosecutor's Office and the Court of Execution of the Penas as
a species of 1 th and 2 th instances of control of the execution, approximates the structure of the
Court of Enforcement of the Penas of that of any other court, in which the representatives
of the Public Prosecutor's Office promote its action, and the control and the decision to the judge.
Confers legitimacy to the Public Prosecutor's Office to appeal the decisions of the Court of
Execution of the Penas (thus, already Article 129 of the Decree-Law No. 783/76 of October 29)
and, for the first time, to participate in the Technical Council. In fact, as a defender
of the legally protected rights and interests of the reclusive citizen and of the legality
democratic, the Public Prosecutor's Office could not limit itself to promoting the action of the Court
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of Execution of the Penas, and they should also follow up and contribute to the surveillance of the
respective activity.
It eliminates the distinction between the Court and the judge of execution of the penalties, since soon by its
artificiality in a singular court frame of execution of the feathers. But above all,
because it is now clear that the Court of Enforcement of the Penas can only exercise, on the side
of the strict control of the execution, functions of penitentiary surveillance if, in this scope, he can
adopt jurisdictions of a jurisdictional nature, in place of content interventions
essentially administrative.
Erradica or, at least, strongly mitigate the possible risks and weaknesses inherent in the
singular nature of the Court of Enforcement of the Penas, through: of the power to order, still
that officiously, all the necessary evidence for the decision making; and the
extension of the chances of appeal of the decisions of the Court of Execution of the Penas,
both for the court of the Relation, or for the Supreme Court of Justice in order to
uniformity of jurisprudence.
It is therefore clear that the present proposal of law proceeds to a generic revaluation and
extending the intervention of the prosecutor's office in the jurisdictional control of the implementation of
deprivative measures of freedom.
18. With respect to the intervention of counsel, this is permitted in the general terms of
right, however, being, however, obligatory the sponsorship of lawyer in the cases especially
provided for in the law and yet whenever issues of law are concerned. The enlargement and
strengthening the skills of the Public Prosecutor's Office, in its dual vest of defender of the
rights of the reclusive and democratic lawfulness, combined with the valorisation of the role of the
counsel, acautelate, balanced and sufficiently, the legal position of the reclusive, inclusive
before the Court of Enforcement of the Penas.
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19. The present proposed law has opted for the organization, in the Court of Enforcement of the Penas,
of a unique process for each reclusive, to whose principal autos (the ones that gave rise to the
opening of the process) are then attached to all the remaining processes and incidents.
It sought to ensure the decision-making criterion unit, the continuity of the process of
social reinsertion and the constant evaluation of the same, through the immediate access to the "history"
full of the reclusive, by the judge of the Court of Execution of the Penas called to decide
about your situation.
20. Of emphasising, too, the mechanism of rejection or invitation to the enhancement of the
initial application, by means of which it is intended to rationalise the appeal to the Court of Enforcement
of the Penas and therefore avoid the waste of human and technical means, at the same time
that is concretising the guarantee of access to the courts.
21. Novity is, as well, the special process of verification of the legality that it intends to be
the adjective expression of the provisions of Book I, which establish the obligatory of
communication of certain decisions of the prison administration to the Public Prosecutor's Office with the
Court of Enforcement of the competent Penas, precisely with the aim of checking the
its legality.
22. With respect to the imputation of decisions of the prison administration, it concentrates on the
Court of Enforcement of the Penas the jurisdiction to decide on the legality of certain
decisions of the prison administration relating to the execution of the penalties and custodial measures of the
freedom. So has to succeed, for, in order for a dispute to be governed by the right
administrative, it is necessary that " the contested legal relationship be regulated, under the point
of material view, by administrative law ". What does not succeed in the strand case. Is it
in the face of unambiguously disciplined litigation by the Criminal Law sector concerning the
execution of the penalties and deprivative measures of freedom. Soon, the competence to drive it
it is up to the judicial courts with specialized expertise in the matter.
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23. The scope of the powers conferred on the Court of Enforcement of the Penas, in the process of
impugation, depends on the object of the decision, which may be put into crisis by the Ministry
Public or by the reclusive.
The strict or essentially penitentiary matrix of the decisions only challenged by the
Public prosecutor's office does not admit a syndication of the de facto matter in which they slip,
nor the modification by the court of the respective contents. Otherwise, it would violate the
principle of separation and interdependence of powers on why they are chopper the court and the
penitentiary administration. Soon, the Court of Enforcement of the Penas only competes
annul or not annul the contested decision, and may not replace the administration
prison, modifying in one or another sense the act of authority. At cause are
skills that respect the penitentiary activity more than strictly to the execution
of deprivative measures of freedom-no doubt, exercise skills legally
bated, but of content not susceptible to judicial determination.
Uniquely challenged by the reclusive are decisions that affect your right to maintain
contacts with the outside, or which translates into the imposition of the most serious sanctions
disciplars. Being this the object of the decisions put in crisis, the competence of the
Court of Enforcement of the Penas does not have to limit itself to the annulment or non-annulment of the
impugned decision, extending to the very modification of the authority's statuition
penitentiary. Incidentally, in line with the power-which at this headquarters has-to sindicate the
own matter of fact in which the impugned decision is gutted, for this one, of the two one:
or does not respect essential aspects of the penitentiary activity, or it translates into a sanction
discipline that, of course, has to be able to be impugned by the respective recipient as well
in what concerne the respective material assumptions.
24. They are not liable to ordinary appeal the decisions of the Court of Execution of the Penas
rendered in the process of challenging decisions of the prison administration, as it is already
ensured a dual instance of appreciation: administrative and judicial.
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25. Highlight deserves also the incident of execution of the sentence handed down by the Court
of Execution of the Penas in the process of impugning, upon petition to be submitted by the
exequent in the court that delivered it. Should the entity obligated to the execution of the decision not
make in the new deadline set by the court, the holder of hierarchical powers or of
oversight is notified by the Court of Enforcement of the Penas to perform the
decision in replacement of that.
26. Out of the resource hypothesis for uniformization of jurisprudence, the administration
prison can only appeal the decisions of the Court of Execution of the Penas, in cases in
that the law confers legitimacy on him to apply for the special process in the term of which it was
prowound the decision. This the only option compatible with the overtaking of the exclusive view
or preponderantly administrativist of the execution of deprivative measures of liberty.
27. The principle of equal treatment of inmates requires some stability in the
jurisprudential guidelines in respect of enforcement of custodial measures of liberty-
stability which, however, does not mean crystallization of positions. With effect, the paramount
purpose of social reinsertion will be better promoted if the inequality of treatment does not
to offend the sense of justice of the reclusive. Hence, in this framework, it is more important
resolve conflicts of jurisprudence already arising than to prevent their emergence,
by perpetual discussion of previously firming jurisprudence. Consequently,
it is justified that to the uniformity of jurisprudence only if it comes, as a rule, by way of
intersted decision appeal transitioned on trial.
28. The appeal in the interest of the unit of the right, determined or interposed by the
Attorney General of the Republic, constitutes the last resort of the system-soon, will only be
triggered in rare cases. Hence the forecast, in the seat of the process of carrying out the penalties, of
a mandatory resource magnified to the contradiction of decisions rendered in proceedings of
impugation. On the one hand, the melindre of the subjects of the subject matter of the imputation
makes it so serious the contradiction of judgements, that there is to be imposed on the Public Prosecutor's
obligation to draw upon to arrive at the uniformity of jurisprudence. On the other, being
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uninceptible to appeal the decisions rendered in the process of challenging, the
uniformity of jurisprudence is not obviously achievable by way of recourse with
grounds in the opposition of judgments of the court of Relation.
29. Finally, it should be stressed that, for the drafting of this proposed law,
have constituted important contributions to reports and projects resulting from commissions that
have developed their work in the previous legislatures, the recommendations of the Provider
of Justice, the work developed by the Inspectorate General for Justice Services, the study
compared to the enforcement systems of the custodial measures of the freedom victors in
Spain, France, Italy and Germany, as well as the latest international guidelines
in the matter, above all the verses in the Recommendation and Report of the Committee of Ministers of the
Council of Europe of October 9, 2003 on Management by Administrations
Penitentiaries of the Sentenced to Perpetual Prison Sentence or Long-Term Imprisonment, in the
European Penitentiary Rules of 2006 and in Recommendation No. (2006) 13 of the Committee of
Ministers of the Council of Europe on Preventive Detention, the conditions under which this must
be executed and the implementation of guarantees against the abuses.
The Higher Council of the Magistrature and the Higher Council of the Ministry were heard
Public.
They were heard, on an optional basis, the Trade Union Association of Portuguese Judges, the
Union of the Magistrates of the Public Prosecutor's Office, the Union of the Corps of the Guard
Prisional, the Association of Directors and Prisons Admates, the Trade Union Association of the
Prison Workers, the Committee on Religious Freedom, Amnesty International and the
Permanent Observatory for Portuguese Justice (Centre for Social Studies at the Faculty
of Economics of the University of Coimbra).
The hearing of the Order of Lawyers and the ombudsman was promoted.
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Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Subject
The Code of Enforcement of the Penas and Privative Measures of Freedom is approved, published
in annex to this Act and that it is an integral part of it.
Article 2.
Regime of stay in housing
It is correspondingly applicable to the modification modality of the penalty provided for in the paragraph
b) of Article 120 (1) of the Code of the Enforcement of the Penas and Privative Measures of the
Freedom the provisions of Article 1 (1), in Article 2, paragraphs 2 a to 5 of Article 3, para.
articles 4 to 6, in the paragraphs b) and c) of Article 8 (1) and in Article 9 of Law No 122/99, of
August 20.
Article 3.
Amendment to the Book X of the Code of Criminal Procedure
Articles 470, 477, 494, 504 and 506 of the Code of Criminal Procedure go on to
following wording:
" Article 470.
[...]
1-A The execution runs on the autos themselves before the president of the court of 1 th
instance where the process has been correct, without prejudice to the provisions of the
article 138 of the Code of Execution of the Penas and Privative Measures of the
Freedom.
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2-[...].
Article 477.
[...]
1-[...].
2-The Public Prosecutor's Office indicates the calculated dates for the term of the penalty and, in the
cases of the admissibility of probation, for the intended effects
in Articles 61 and 62 and in Article 90 (1) of the Criminal Code.
3-[...].
4-The puke provided for in paragraphs 2 and 3 shall be approved by the judge and communicated to the
doomed and to his lawyer.
5-[...].
Article 494.
[...]
1-[...].
2-[...].
3-When the decision does not contain the social reinsertion plan or this should be
completed, the social reinsertion services proceed to their elaboration or
reelaboration, heard the convict, within 30 days, and submit it to the
homologation of the court.
Article 504.
Re-examination of internship
1-Havening place for the review provided for in Article 96 of the Criminal Code, the
court orders:
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a) The realization of psychiatric expertise or about the personality, owing
the respective report is to be presented to you within 30 days;
b) Officiously or the application by the Public Prosecutor's Office, of the internship
or of the defender, the representations that are afflicted with interest to the
decision.
2-If, following the appreciation of the psychiatric expertise, it is concluded that there is
favorable conditions, the magistrate may request social report containing
analysis of the family, social and professional framing of the reclusive.
3-The re-examination takes place with hearing from the Public Prosecutor's Office, the defender and the
doomed, only the presence of this being dispensed with if its state of
health to make hearing useless or unviable.
Article 506.
[...]
It is correspondingly applicable to the internship measure the provisions of the
article 479 "
Article 4.
Addition to the Book X of the Code of Criminal Procedure
The Article 491 is added to the Code of Criminal Procedure:
" Article 491º-A
Payment of the fine to other entities
1-Whenever, at the time of detention for compliance with the prison
subsidiary, the convict intends to pay the fine, but cannot, without
serious inconvenience, make the payment in court, can carry it out to
police entity, against receipt of receipt, i bet on the triplicate of the
warrant.
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2-Out of the case provided for in the preceding paragraph or when the court finds itself
terminated, payment of the fine may still be made, against receipt,
next to the prison establishment where to find the convict.
3-For the purpose provided in the preceding paragraphs, the warrants shall contain the
indication of the amount of the fine, as well as of the importance to be discounted
for each day or fraction in which the accused has been held.
4-In the 10 immediate days, the police entity or the prison establishment
refer or hand over the amount received to the court of conviction. "
Article 5.
Amendment to Law No. 3/99 of January 13
Articles 91 and 92 of Law No 3/99 of January 13 shall be replaced by the following:
" Article 91.
Competence
1-After the traffic on trial of the sentence that determined the application of penalty
or a deprivative measure of liberty, competes with the Court of Enforcement of the
Feathers track and scrutinize the respective implementation and decide on your
modification, replacement and extinction, without prejudice to the provisions of the article
371.-A of the Code of Criminal Procedure.
2-Compete still to the Court of Enforcement of the Penas to follow up and scrutinize
the execution of the preemptive prison and internment, and the respective
decisions to be communicated to the court to the order of which the accused complies with
measure of coaction.
3-Without prejudice to other legal provisions, it is incumbent upon the Courts of
Execution of the Penas, on the grounds of the matter:
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a) Homologation of individual retrofit plans as well as the plans
therapeutic and rehabilitation of unputable and of attributable bearer
of psychiatric abnormality admitted in establishment intended for
inimitable, and the respective amendments;
b) Grant and revoke jurisdictional exit licences;
c) Grant and revoke parole, the adaptation to freedom
probation and the freedom for proof;
d) Determine the execution of the expulsion sentence of expulsion, stating
extinguishes the prison sentence, and determine the early execution of the penalty
expulsion accessory;
e) Convene the Technical Council, whenever you understand it necessary or
when the law provides for it;
f ) Decide processes of challenging decisions of prison services;
g) Define the target to give to the retained correspondence;
h ) Declare lost and give fate to seized objects or values
to inmates;
i) Decide on the modification of the execution of the prison sentence
relatively to inmates carriers of serious, evolutionary disease and
irreversible or severe and permanent disability or age
advanced;
j) Order the fulfillment of imprisonment under continuous arrangements in the event of
missing entry in the prison establishment not considered
justified on the part of the convict in prison for free days or in
semideation regime;
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l) Review and extend the internship safety measure of
inimitable;
m) Deciding on the provision of work in favour of the community and about
its revocation, in the cases of successive implementation of measure of
security and the custodial sentence of freedom;
n) Determine the internment or suspension of the execution of the penalty of
prison by virtue of psychic anomaly overcoming the agent during
the execution of the prison sentence and carry out its review;
o) Determine the fulfillment of the rest of the penalty or the continuation of the
internship for the same time, in the case of revocation of the provision
of work in favour of the community or of the parole of
individual subject to successive execution of security measure and of
deprivative penalty of liberty;
p) Declare the expiry of the amendments to the normal implementing scheme of the
penalty, in the event of a simulation of psychic anomaly;
q) Declare abiding by the actual prison sentence that concretely
would be fit for the crime committed by convict in relatively
undetermined, having been refused or revoked the freedom
probation;
r) Declare extinct the effective prison sentence, the penalty relatively
indeterminate and the security measure of internment;
s) Issue arrest, capture and release warrants;
t) Informing the offending of the release or evasion of the reclusive, in the cases
provided for in Articles 23 and 97 of the Code of Execution of the Penas and
Privacy Measures of Freedom;
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u) Instruct the process of granting and revocation of the pardon and proceeding to
respective application;
v) Uttering the declaration of contumacy and enacting the arrest of goods,
how much the convict who dolly if he has eximed, total or
partially, to the execution of prison sentence or measure of
internment;
x) Decide on the provisional cancellation of facts or decisions
enrolled in the criminal record;
z) Judging the appeal on the legality of the transcript in the certificates of the
criminal record.
Article 92.
Extent of competence
It is also incumbent on the Court of Enforcement of the Penas to guarantee the rights of
reclusive, pronouncing on the legality of the decisions of the services
prisms in the cases and terms provided for in the law. "
Article 6.
Amendment to Law No. 144/99 of August 31
Article 118 of Law No 144/99 of August 31 is replaced by the following:
" Article 118.
[...]
1-Compete to the Public Prosecutor's Office with the Court of Enforcement of the Penas
competent, on your initiative or the application of the person concerned,
follow up on the request for transfer.
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2-[...].
3-[...].
4-[...].
5-[...]. "
Article 7.
Amendment to Law No. 52/2008 of August 28
Articles 124 and 125 of Law No. 52/2008 of August 28, go on to have the following
wording:
" Article 124.
Competence
1-After the traffic on trial of the sentence that determined the application of penalty
or a deprivative measure of liberty, competes with the Court of Enforcement of the
Feathers track and scrutinize the respective implementation and decide on your
modification, replacement and extinction, without prejudice to the provisions of the article
371.-A of the Code of Criminal Procedure.
2-Compete still to the Court of Enforcement of the Penas to follow up and scrutinize
the execution of the preemptive prison and internment, and the respective
decisions to be communicated to the court to the order of which the accused complies with
measure of coaction.
3-Without prejudice to other legal provisions, it is incumbent upon the Courts of
Execution of the Penas, on the grounds of the matter:
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a) Homologation of individual readaptation plans as well as the
therapeutic and rehabilitation plans of unputable and imputable
psychiatric abnormality holder admitted to establishment
intended for the inimitable, and the respective amendments;
b) Grant and revoke jurisdictional exit licences;
c ) Grant and revoke parole, the adaptation to freedom
probation and the freedom for proof;
d) Determine the execution of the expulsion sentence of expulsion, stating
extinguishes the prison sentence, and determine the early execution of the penalty
expulsion accessory;
and ) Convene the Technical Council, whenever you understand it necessary or
when the law provides for it;
f) Decide processes of challenging decisions of prison services;
g ) Define the target to give to the retained correspondence;
h) Declare lost and give fate to seized objects or values
to inmates;
i) Decide on the modification of the execution of the prison sentence
relatively to inmates carriers of serious, evolutionary disease and
irreversible or severe and permanent disability or age
advanced;
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j) Order the fulfillment of imprisonment under continuous arrangements in the event of
missing entry in the prison establishment not considered
justified on the part of the convict in prison for free days or in
semideation regime;
l) Review and extend the internship safety measure of
inimitable;
m ) Deciding on the provision of work in favour of the community and about
its revocation, in the cases of successive implementation of measure of
security and the custodial sentence of freedom;
n) Determine the internment or suspension of the execution of the penalty of
prison by virtue of psychic anomaly overcoming the agent during
the execution of the prison sentence and carry out its review;
o) Determine the fulfillment of the rest of the penalty or the continuation of the
internship for the same time, in the case of revocation of the provision
of work in favour of the community or of the parole of
individual subject to successive execution of security measure and of
deprivative penalty of liberty;
p ) Declare the expiry of the amendments to the normal implementing scheme of the
penalty, in the event of a simulation of psychic anomaly;
q ) Declare abiding by the actual prison sentence that concretely
would be fit for the crime committed by convict in relatively
undetermined, having been refused or revoked the freedom
probation;
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r) Declare extinct the effective prison sentence, the penalty relatively
indeterminate and the security measure of internment;
s ) Issue arrest, capture and release warrants;
t ) Informing the offending of the release or evasion of the reclusive, in the cases
provided for in Articles 23 and 97 of the Code of Execution of the Penas and
Privacy Measures of Freedom;
u) Instruct the process of granting and revocation of the pardon and proceeding to
respective application;
v ) Uttering the declaration of contumacy and enacting the arrest of goods,
how much the convict who dolly if he has eximed, total or
partially, to the execution of prison sentence or measure of
internment;
x ) Decide on the provisional cancellation of facts or decisions
enrolled in the criminal record;
z ) Judging the appeal on the legality of the transcript in the certificates of the
criminal record.
Article 125.
Extent of competence
It is also incumbent on the Court of Enforcement of the Penas to guarantee the rights of
reclusive, pronouncing on the legality of the decisions of the services
prisms in the cases and terms provided for in the law. "
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Article 8.
Abrogation standard
1-Are revoked:
a) The Decree-Law No 265/79 of August 1;
b) The Decree-Law No 783/76 of October 29;
c) The Law No. 36/96 of August 29.
2-The following legal provisions shall also be repealed:
a) Articles 476, 480 to 486, 488, 505, 507, and 509, and 509, Chapter II of the
Title IV and the Title V of Book X of the Code of Criminal Procedure;
b) Article 16 (3) of Law No 57/98 of August 18.
Article 9.
Transitional provisions
1-The provisions of Book II of the Code of Execution of the Penas and Privative Measures of the
Freedom does not apply to proceedings initiated previously for its duration, when of the
their immediate applicability can result in sensitive and yet avoidable aggravation of the situation
procedural of the reclusive or breach of the harmony and unity of the various acts of the proceedings,
continuing, in such cases, the processes to be governed, by the end, by the repealed legislation.
2-The provisions of the preceding paragraph shall be without prejudice to the immediate implementation of the standards on
renewal of the instance in the probation processes.
3-For the purposes set out in Article 145 of the Code, they are in principal the
first autos registered and autufied after the date of entry into force of this Law.
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Article 10.
Entry into force
This Law shall come into force 180 days after the date of its publication.
Seen and approved in Council of Ministers of January 21, 2009
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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ANNEX
Code of the Enforcement of the Penas and Privative Measures of Freedom
Book I
From the execution of the penalties and custodial measures of freedom
Title I
Application
Article 1.
Scope of application
1-The provisions of this Book shall apply to the execution of the penalties and custodial measures of the
freedom in the prison establishments dependent on the Ministry of Justice and the
establishments intended for the internment of inimitables.
2-The present Book is regulated by the General Rules of Establishments
Prisional, hereinafter referred to as General Regulation.
Title II
General principles of the execution and rights and duties of the reclusive
Chapter I
General principles
Article 2.
Purposes of the implementation
1-A The execution of the penalties and privacy measures of liberty aims at reinsertion
of the agent in the society, preparing him to conduct his life in a socially
responsible, without committing crimes, the protection of legal goods and the defence of society.
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2-A The implementation of preventive detention and preventive internment aims to ensure the
satisfaction of the precautionary requirements that justified its application.
Article 3.
Guiding principles of execution
1-A The execution of the penalties and custodial measures of liberty ensures respect for the
dignity of the human person and the fundamental principles enshrined in the Constitution
of the Portuguese Republic, in the instruments of international law, in the laws and in the
regulations.
2-A The execution respects the personality of the reclusive and his / her rights and legal interests
not affected by the sentencing sentence or decision to apply deprivative measure of the
freedom.
3-A The execution is impartial and cannot privilege, benefit, harm, deprive of any
right or exempt from any duty any reclusive, particularly on the grounds of sex,
race, language, territory of origin, nationality, ethnic origin, religion, political beliefs
or ideological, instruction, economic situation, social condition or sexual orientation.
4-A The implementation, as far as possible, avoids the harmful consequences of deprivation of the
freedom and approaches the beneficial conditions of life in community.
5-A The execution promotes the sense of responsibility of the reclusive, stimulating it to
participate in the planning and implementation of your prison treatment and in your process of
social reinsertion, particularly through teaching, training, work and programmes.
6-A The implementation is carried out, as far as possible, in cooperation with the community.
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Article 4.
Special guiding principles
1-A implementation of the penalties and custodial measures of the freedom applied to young people up to the 21
years should especially favour social reinsertion and foster the sense of
responsibility through the development of specific activities and programmes in the
areas of vocational education, guidance and training, acquisition of personal skills and
social and prevention and treatment of additive behaviors.
2-A execution of the penalties and custodial measures of freedom applied to greater than 65 years
must respect their specific needs and their state of health and autonomy,
particularly by guaranteeing them the necessary aid in the activities of daily life and
assuring you with conditions of accommodation, security, activities and programmes
especially suitable.
3-A The execution of the penalties and custodial measures of the freedom applied to women must have
in consideration of their specific needs, particularly in health matters,
hygiene, protection of motherhood and parental education.
4-A The execution of the penalties and custodial measures of the freedom applied to foreign inmates
or belonging to ethnic or linguistic minorities shall, as far as possible, allow the
expression of its cultural values, mitigate possible difficulties of social integration
or of the field of Portuguese language, in particular by providing contacts with
consular or diplomatic entities or organizations supporting immigrants, courses of
Portuguese, translation of documents or intervention by interpreters.
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Article 5.
Individualization of execution
1-A The execution of the penalties and custodial measures of the freedom is guided by the principle of
individualization of prison treatment and is based on the assessment of needs and
own risks of each reclusive.
2-The prison treatment consists of the set of activities and reinsertion programmes
social that aim at the preparation of the inmate for freedom, through the development of the
your responsibilities, from the acquisition of skills that enable you to opt for a
socially responsible way of life, without committing crimes, and providing for your needs
after the release.
3-The prison treatment is programmed and phased, favoring the progressive approach
to free life by means of the necessary changes of the implementing regime.
Chapter II
Rights and duties of the reclusive
Article 6.
Legal status of the reclusive
The reclusive maintains the entitlement of fundamental rights, saved the inherent limitations of the
sense of the sentencing sentence or of the decision to apply deprivative measure of the
freedom and those imposed, in the terms and limits of this Code, for reasons of order and of
security of the prison establishment.
Article 7.
Rights of the reclusive
1-A The execution of the penalties and custodial measures of the freedom guarantees the reclusive,
namely, the rights:
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a) To the protection of your life, health, personal integrity and freedom of conscience, no
may be subjected to torture, or to cruel, degrading or inhuman treatment or punishment;
b) To the exercise of civil, political, social, economic and cultural rights, including the
right of suffrage, save when the one is incompatible with the sense of the sentence
condensation or the decision to apply the deprivative measure of liberty;
c) To the freedom of religion and worship;
d) To be treated by the name and to which the situation of seclusion is reserved, under the law,
before third parties;
e) To maintain contacts with the outside, specifically upon visits, communication to
distance or correspondence, without prejudice to the limitations imposed for reasons of order,
security and discipline or resulting from the regime of execution of the penalty or deprivative measure of the
freedom;
f) To the protection of private and family life and the inviolability of the secrecy of correspondence and
other means of private communication, without prejudice to the limitations arising from reasons
of order and security of the prison establishment and prevention of the practice of crimes;
g) To keep with you son up to the age of three or, exceptionally, up to the five
years, with permission from the proprietor of parental power, provided that this is considered from the
interest of the minor and there are the necessary conditions;
h) To participate in the labour, education and teaching activities, training, religious,
socio-cultural, civic and sports and in programmes oriented towards the treatment of
specific problematic;
i) To have access to the National Health Service under conditions identical to those that are ensured
to all citizens;
j) To be personally informed, at the time of entry into the prison establishment, and
enlightened, where necessary, on their rights and duties and standards in force;
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l) To have access to your individual process and to be informed about your procedural situation
and on the evolution and evaluation of the execution of the penalty or deprivative measure of liberty;
m) To be heard, to submit applications, complaints, complaints and appeals and to challenge it
in the face of the Court of Enforcement of the Penas the legality of decisions of prison services;
n) To information, consultation and legal advice by counsel.
2-In the case provided for in paragraph g) from the previous number, are ensured to the least assistance
medical and formative and lucid activities appropriate to your age and your needs of
development.
3-The prison services fit, in articulation with the competent public services of 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 the terms of the present
Code and the General Regulation.
Article 8.
Duties of the reclusive
During the execution of the penalties and deprivative measures of freedom, the reclusive has, in the terms
of this Code and of the General Rules, the duties of:
a) Remain uninterruptedly in the prison establishment until the time of
release, safeguarded the cases of exit permit;
b) Present punctually in the prison establishment in the term of authorization of
output;
(c) comply with the standards and provisions governing life in the prison establishment and the
legitimate orders that receive from prison officials in the exercise of their duties;
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d) To observe correct conduct, specifically for with prison officials, others
people who perform duties in the prison establishment, judicial authorities,
police entities and visitors;
e) To observe correct conduct towards the remaining inmates, and may not in any case
occupy position that allows you to exercise any kind of power over these;
f) To immediately participate in the circumstances that pose considerable danger to life
and own or third party health;
g) to apply for tests for detection of consumption of alcohol and narcotic substances,
as well as the screenings of contagious diseases;
(h) respect the goods of the State, prison officials, inmates and third parties;
i) Present yourself clean and care;
j) Participate in the activities of cleaning, tidying up and maintenance of your accommodation,
respective equipment and facilities and equipment of the prison establishment.
Title III
Prison establishments
Article 9.
Organization
1-Prisonal establishments may be constituted by one or several units,
differential depending on the following factors:
a) Legal status-penal, sex, age, physical and mental health and other factors aimed at the
specialization or individualization of prison treatment of the reclusive;
(b) safety requirements;
c) Programs available;
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d) Regimes of execution.
2-Without prejudice to the provisions of the preceding paragraph, there shall be establishments
prisals or specially vocated units for the execution of the penalties and measures
deprivatives of applied freedom:
a) preventative inmates;
b) The inmates who fulfil prison time for the first time;
c) young people up to the age of 21 or, where it proves beneficial for their treatment
prisional, up to the age of 25;
d) To women;
e) The inmates who are lacking in particular protection.
3-Can still be set up in the prison establishments mixed units for execution
of the penalties and custodial measures of the freedom of inmates married to each other or in union of
fact, with a view to alleviating the negative effects of seclusion in familial and affective ties
that bring them together.
4-While not to invigorate the diploma provided for in Article 32 (3), they may still exist
prison facilities or units of a hospital nature or intended for the provision
of special health care, particularly mental health, as well as intended for
inimitable or to be charged with internships, by judicial decision, in establishment
intended for the inimitable, when these should not be admitted to health unit
mental non-prison, in accordance with Article 126 (2).
5-In prison establishments or units there are even sectors of their own
intended specifically:
a) To the placement of the reclusive after the admission;
b) To the placement of the inmate in cell of separation from the remaining prison population;
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c) To the placement of the reclusive in a room of safety with the clinical sector;
d) To the implementation of the disciplinary measure of internment in disciplinary cell;
e) To the placement of reclusion that finds itself in a state of particular vulnerability.
Article 10.
Classification
1-Prisonal establishments are classified by porterie of the member of the Government
responsible for the area of justice, depending on the level of security, existing:
(a) special security establishments;
(b) high security establishments;
(c) medium security establishments.
2-Without prejudice to the classification given in the terms of the preceding paragraph, the
prison establishments may include units of different level of security created
by dispatch of the Director General of Prisonal Services.
Article 11.
Structure and operation of prison establishments
The organic structure, the operating regime and the skills of the organs and services
of the prison establishments are set out in the General Regulations.
Title IV
Regimes of implementation
Article 12.
Modalities and characteristics
1-Taking into account the assessment of the reclusive and its evolution along the run, the penalties
and deprivative measures of freedom are implemented in common, open, or
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safety, privileging what most favors social reinsertion, safeguarded the
risks to the reclusive and to the community and the needs of order and safety.
2-A The execution of the penalties and custodial measures of freedom in common rule stems from
establishment or high security unit and is characterized by the development of
activities in communal living spaces within the establishment or prison unit
and of the contacts with the outside permitted under the law.
3-A The execution of the penalties and custodial measures of freedom in open regime stems from
establishment or medium-security prison unit and favors contacts with the
exterior and approach to the community, admitting two modalities:
a) The open regime in the countryside, which is characterized by the development of activities in the
perimeter of the prison establishment or immediacy, with attenuated surveillance;
b) The open regime abroad, which is characterized by the development of activities in
half-free, without direct surveillance.
4-A The execution of the penalties and custodial measures of freedom in security arrangements stems
in establishment or prison unit of special security and limits the life in common and
the contacts with the outside, admitting to the realization of activities compatible with the
particular needs for maintenance of the order and the security of legal goods
personal and patrimonial.
Article 13.
Common regime
The reclusive is put into common regime when the execution of the penalty or deprivative measure
of freedom may not take place in open regime, nor should it be carried out in a regime of
security, in the terms of the following articles.
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Article 14.
Open regime
1-The reclusive convict is placed in open regime, with his consent, if:
a) It is not to fear that it undergoes the execution of the penalty or deprivative measure of liberty
or that you take advantage of the possibilities that such a regime affords you for delinquency; and
b) The regime is shown to be appropriate to its prison behaviour, to the safeguarding of the
order, security and discipline in the prison establishment, protection of the victim and defence
of order and social peace.
2-Verified the assumptions of the previous number, are placed in open regime in the
interior the inmates sentenced in prison term of duration equal to or less than one year.
3-Verified the assumptions of paragraph 1, may be placed in open regime in the
interior the inmates doomed in prison term of more than one year, since
who have fulfilled a sixth of the penalty.
4-A placement in open regime abroad depends on the observance of a sixth of the
A sentence, treating yourself not more than five years, or a quarter of the penalty, treating yourself
of a sentence of more than five years, and, in any case, of the prior enjoyment of an exit permit
jurisdictional successfully.
5-A allotment of the reclusive in open regime cede if they cease to check the
assumptions provided for in the preceding paragraphs or if the reclusive cees to comply with the
conditions set out when it is granted.
6-A The placement of the reclusive in open regime and its cessation are of the competence:
a) of the director of the prison establishment, in the case of open regime in the interior;
b) From the Director General of Prisonal Services, in the case of open regime abroad.
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7-The decisions for allotment open in the interior as well as of cessation of this,
are communicated to the Director General of Prisonal Services.
8-The decisions for placement in open regime abroad, as well as of cessation of this,
are communicated to the Public Prosecutor's Office with the Enforcement Court of the Penas for
verification of legality.
9-inmates placed in open regime are subject to periodic realisation or
random of the tests referred to in the g) of Article 8 para.
Article 15.
Security regime
1-The reclusive is placed on security arrangements when its legal situation-criminal or
his behavior in a prison medium reveal, fundamentedly, dangerousness
incompatible with allocation to any other enforcement regime.
2-It is likely to reveal the dangerousness referred to in the preceding paragraph:
a) The indictment or conviction for the de facto practice that sets up terrorism, crime
violent or highly organized or the existence of strong suspicions of involvement in this
type of criminality, sustained in written information provided by court, organ of
criminal police or security service;
b) The assumption of continuing behaviours that pose serious danger to goods
personal or heritage legal or to the order, discipline and security of the
prison establishment, specifically those that translate into intimidation, exploitation
or conditioning of other inmates or employees;
c) The serious danger of evasion or of withdrawal, sustained in written information provided by
organs of criminal police, security service or by prison services.
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3-Access to the documents referred to in points a) and c) from the previous number can be
denied to the reclusive, by determination of the Director General of Prisonal Services, for
they find classified, under the law, or for reasons of order and security.
4-The decisions for allotment, maintenance and cessation in a security regime are
substantiated and compete with the Director General of Prisonal Services.
5-A The execution of the penalties and custodial measures of freedom in a security regime is
compulsorily reassessed within the maximum of six months, or three months in the case of
reclusive with age up to the age of 21, and may be at all time if there is change of
circumstances.
6-Safety placement and maintenance decisions under security arrangements are communicated to the
Prosecutor's Office to the Court of Enforcement of the Penas for verification of legality.
Title V
Admission, allocation, programming of prison treatment and release
Article 16.
Principles of admission
1-The reclusive ticket must take place without the presence of other inmates and with respect
for your privacy.
2-To the reclusion are immediately communicated their rights and duties, explained and
translated if necessary, and guaranteed the right to contact family, person of your
confidence and lawyer.
3-Foreign or stateless reclusive is also guaranteed the right to contact the
respective diplomatic or consular entity or other representative of their interests.
4-To the reclusive is delivered document where they build up their rights and duties.
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5-The reclusive is subject to personal magazine, with respect for its dignity and integrity and
by your feeling of pudor.
6-The objects, values and documents of the reclusion are examined, inventoried and
properly guarded.
7-The entrance of the reclusive is registered.
8-The reclusive is presented to the director of the prison establishment with the brevity
possible.
9-The General Regulation concretizes the procedures of admission.
Article 17.
Ingress
The reclusive ticket in prison establishment can only take place in the following cases:
a) Mandate of the court that determines the execution of the penalty or deprivative measure of the
freedom;
b) Mandate of detention;
c) Capture, in the case of evasion or unauthorised absence;
d) Voluntary Presentation, which is subject to confirmation with the competent court;
e) Decision of the competent authority in the framework of international judicial cooperation in
criminal matter;
f) Transfer;
g) In transit between prison establishments.
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Article 18.
Individual process of the reclusive
1-For each reclusive a unique individual process concerning your situation is organized
procedural and prison, which is open or reopened at the time of admission and accompanies it
during their prison pathway, even in case of transfer.
2-The case is not reopened if it relates to facts already cancelled from the criminal record, case
where a new process is opened.
3-The individual process contains all the elements necessary for the realization of the
purposes of the implementation, including the individual readaptation plan and the needs of
security and order in the establishment.
4-A The consultation of the individual case is limited to the reclusive, to his lawyer, to the direction of the
establishment, the technicians responsible for the monitoring of the reclusive, the
responsible for the surveillance services, social reinsertion services and services of
inspection, by staying the people who accept it obligated to professional secrecy, even
after the end of their duties.
5-Access to classified documents and nominative third-party documents that
constem of the individual process is governed by the provisions of the general law.
6-When the director understands that the knowledge of certain constant elements
of the individual process may call into question the order and security in the establishment
prison, determines that access to these elements is reserved to whoever it is by you
authorized.
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Article 19.
Evaluation of the reclusion
1-Following the entrance to the prison establishment, the reclusive is housed in a sector of its own
intended for admission, where it remains for a period of not more than 15 days, starting from
immediate evaluation through the collection of elements which, within 72 hours after the
ingress, allow the director of the establishment to determine:
a) Health care to be provided to the reclusive, by clinical assessment;
(b) the safety requirements, taking into account the possible danger of escape, the risks to the
third party security or own and the particular vulnerability of the reclusive;
c) The support to be provided to the reclusive in the resolution of personal, family and professional issues
urgent.
2-A The assessment of the convicted inmate takes into account, in particular, the nature of the crime
committed, the duration of the sentence, the family and social medium, the habilitations, the health, the eventual
state of vulnerability, the risks to the security of the own and of third parties and the danger of
escape and the resulting risks to the community and to the victim.
3-A updated information on the family and social media of the reclusive, as well as on the
possible previous execution of feathers, is collected and transmitted by the reinsertion services
social, additional elements may be requested from other entities.
4-If the reclusive gives entry to the prison establishment already convicted of sentencing
transitioned on trial, the assessment and programming of the appropriate prison treatment or the
elaboration of the individual readaptation plan, where this is mandatory, they are
completed within sixty days.
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5-A evaluation of the preventative inmate, having present the principle of the presumption of the
innocence, is completed within sixty days and aims at the collection of necessary information
to the appropriate allocation, to the choice of the implementing scheme and, with its consent, to the
inclusion in activities and treatment programmes.
6-For the purpose of review of the assumptions or decision on revocation or
replacement of preventive detention, pursuant to the Code of Criminal Procedure, the judge may have
into account the assessment referred to in the preceding paragraph.
7-If the preventative inmate comes to be sentenced by sentence transitioned on trial,
proceeds, within sixty days, to the update of the respective assessment and to the
programming of the appropriate prison treatment or the elaboration of the individual plan of
readaptation, whenever this is mandatory.
Article 20.
Allocation to prison establishment or unit
1-A The allocation takes into account the organization of the prison facilities and the evaluation
of the reclusive, pondering also:
a) The legal-criminal situation, sex, age and health of the recluse, the previous compliance
of imprisonment, the nature of the crime committed and the duration of the penalty;
b) The requirements of order and security;
c) The regime of execution of the penalty;
d) The proximity of your family, social and professional medium, the advantages in promoting it and
the demands for approximation to the free life;
e) The need for participation in certain programmes and activities;
f) The need for special protection.
2-As far as possible, the reclusive convict shall be heard about his assignment.
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3-A The allocation to the prison establishment or unit is the competence of the Director General
of the Prisonal Services, being communicated to the competent courts and too many entities
in the terms of the General Rules.
Article 21.
Individual readaptation plan
1-Whenever the penalty, sum of the penalties or part of the penalty not fulfilled exceeds one year, the
prison treatment is on the basis of an individual readaptation plan, which is
periodically assessed and updated, pursuant to the General Regulations.
2-Regardless of the duration of the penalty, the individual readaptation plan is
mandatory in cases of inmates up to the age of 21 or of sentencing in penalty of
undetermined.
3-The individual readaptation plan aims at the preparation for freedom by establishing the
measures and activities appropriate to the prison treatment of the reclusive as well as its
duration and fastening, particularly in the areas of teaching, training, work, health,
socio-cultural activities and contacts with the outside.
4-A The elaboration of the individual readaptation plan is supported in the assessment of the reclusive,
carried out in accordance with Article 19.
5-In the elaboration of the individual readaptation plan must seek to obtain the participation
and adhesion of the reclusive.
6-In the case of minor reclusion, the individual readaptation plan is also drawn up with
the participation of the parents, the legal representative or who has their guard, if any
benefit for your social reinsertion.
7-The individual readaptation plan and its amendments are approved by the Director of the
prison establishment and homologated by the Court of Execution of the Penas.
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8-An exemplar of the individual readaptation plan and the respective updates are
delivered to the reclusive.
Article 22.
Transfer
1-The reclusive can be transferred to prison establishment or different unit
of the one to which it is affected, for reasons of prison treatment, of approach to the medium
family and social, of the implementation of the individual readaptation plan, of medical treatment and
of order and security and on grounds of a procedural nature.
2-As far as possible and save if you object to founded reasons of order and safety,
the reclusive is heard about the proposed transfer.
3-A The transfer decision is substantiated and competes with the Director-General of the Services
Prisional, on your initiative, on a proposal from the establishment or the application of the
reclusive, being communicated to the competent courts and, unless founded reasons of order and
security, to the person himself and the person by him indicated.
4-The transport of the reclusive takes place under conditions that ensure the privacy of the
reclusive and the proper aeration, lighting and safety.
5-The General Regulation provides about the procedures relating to the transfer and the
transport of inmates.
Article 23.
Warrant for release
1-The reclusive is released on a warrant from the competent court.
2-In case of urgency, the release may be ordered by any means of
duly authenticated communication, further remitted the respective
warrant.
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3-When considering that the release of the reclusive may create danger to the offending, the
competent court informs him of the date of the release.
Article 24.
Moment of release
1-A The release takes place during the morning of the last day of the performance of the feather.
2-If the last day of the fulfilment of the penalty is Saturday, Sunday or a holiday, the release
may take place on the immediately preceding business day, if the duration of the penalty is warranted and the such if
do not object to reasons of assistance.
3-When the reasons referred to in the preceding paragraph allow it and the national holiday is the
December 25, the release can take place during the morning of day 23.
4-The time of release can be anticipated from two days, when pressing reasons
of social reinsertion justifying it.
5-The provisions of the preceding paragraphs shall not apply to imprisonment under a Semideation Scheme
nor to the subsidiary prison of the fine, when it has no longer duration than 15 days.
6-Compete to the director of the prison establishment choose the moment of release,
within the limits set out in the preceding paragraphs.
Article 25.
Release
1-Whenever possible, the reclusive is examined by the doctor at the time before the
release and, in the event that the doctor considers in writing that the immediate exit represents
danger to your life or serious danger to your health, the director of the establishment
prison, obtained the consent of the reclusive, may authorize its stay in this by the
time strictly indispensable to the realization of the admission to health establishment
appropriate, overseas, and should apply for the participation of health and support services
competent social.
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2-The scheme provided for in the preceding paragraph applies to the release of reclusive during pregnancy
or puerptery or after termination of pregnancy.
3-A The authorization provided for in paragraph 1 is communicated to the Director General of Prisonal Services
and to the Tribunal that has issued the warrant for release.
4-At the time of release, they are returned to the reclusion the objects, values and
documents that belong to you.
5-The General Regulation concretizes the procedures to be adopted at the time of
release.
Title VI
Prison facilities, clothing and food
Chapter I
Prison facilities
Article 26.
Accommodation
1-The inmates are housed in individual cell.
2-The inmates may be housed in common, depending on the implementing regimes and by
family reasons, of treatment, of prevention of physical or mental risks, provided that
order and security reasons do not disadvise you.
3-Out of the cases provided for in the preceding paragraph, inmates can only be housed in
common in case of temporary insufficiency of accommodation.
4-The accommodation spaces respect the dignity of the reclusive and meet the requirements
of safety and habitability, specifically as to hygiene, natural and artificial light,
suitability for climatic conditions, ventilation, cubicage and furnishings.
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5-The reclusion which, pursuant to this Code, keeps with you child minor, is
housed in facilities suitable to the life in common of both.
6-The reclusive can keep with objects of personal use and daily life, duly
registered, which by their value and use do not compromise the order, safety and the
discipline of the prison establishment, and prison services shall provide the reclusive
means that will allow you to store these objects safely.
7-It is assured of the reclusion the possibility of contacting permanently with staff
of the surveillance and security services.
8-The General Regulation regulates existing equipment in the accommodation spaces and
the conditions of its use, the possession and use of objects by the reclusive and the permanence of
minor child in prison establishment.
Article 27.
Hygiene
1-It is ensured to the reclusive the access to toiletries in conditions of hygiene and that
guarantee, as far as possible, your privacy.
2-Are secured to the recluse a daily bath, at a temperature suitable to the station of the
year, and the articles and utensils necessary for the maintenance of your personal hygiene and that of your
accommodation, under the terms and conditions set out by the General Regulation.
3-The bath and haircut or stubble can be imposed for particular reasons
of health order.
Article 28.
Possession of objects and values
1-The reclusion only may have in its power the permitted objects and values in the terms of the
n Article 26 (6)
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2-The objects and values prohibited by general law are seized, giving them the destination
that this determines.
3-The prohibited objects and values pursuant to this Code and the Regulation
General are also apprehended, proceeding as follows:
a) They are destroyed those who show themselves irreparably deteriorated and untenable
of any useful application and those which may call into question the physical integrity of third or
of the own, without prejudice to their conservation for the time required for purposes
probatory or criminal investigation;
b) The remaining ones have the destination set out in the General Regulations, and may, as the cases, be
be returned to the third party indicated by the reclusive, deposited and delivered at the time of
release or declared lost by the Court of Enforcement of the Penas.
Article 29.
Facilities for activities of daily life
1-Prisonal establishments dispose of facilities and equipment with the
characteristics appropriate to the needs of daily life, specifically of teaching,
training, work, health, hygiene, socio-cultural and sports.
2-The General Regulation provides on the conditions for the use of the facilities for
activities of daily life.
Chapter II
Clothing and food
Article 30.
Clothing and bed linen
1-The recluse may wear clothing of its own, as long as it is suitable and by it kept in
good conditions of conservation and hygiene.
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2-The General Regulation may provide for inmates placed in a security regime
they use the clothing provided by the prison establishment.
3-The clothing provided by the prison establishment shall be adapted to the conditions
climatic, it cannot have degrading or humiliating characteristics, it is kept in good
conditions of conservation and hygiene and replaced where necessary.
4-In the course of exit permits the reclusive uses the garment of his or her own clothing or other that
allow for your identification as reclusive.
5-The prison establishment provides suitable bed linen to the station of the year, which
keeps and replaces so as to ensure its good state of conservation and cleanlination.
6-The General Regulation regulates quantities, typologies, conservation and destruction by
reasons for hygiene of clothing.
Article 31.
Food
1-The prison establishment ensures the reclusive meals in quantity and quality
that correspond to the dietary requirements, to the specificities of age, health, nature of the
work provided, season of the year and weather and, as far as possible, to their convictions
philosophical and religious.
2-The recluse must have permanently at its disposal drinking water.
3-The reclusive may receive small food offers from abroad, except if it is
placed in a security regime, and acquire at the expense of their, through the canteen service
of the prison establishment, foodstuffs and products or useful objects for their
daily life, provided that reasons of health, hygiene and safety do not disadvise you.
4-The General Regulation provides about the foods that the reclusive can receive from the
exterior or acquire at the expense of its, specifically the type, quantity, packaging
and frequency.
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Title VII
Health
Article 32.
General principles of health protection
1-After the ticket in the prison establishment and during the fulfilment of the penalty or
deprivative measure of freedom, including leave of absence, is guaranteed to reclusive access to
health care in conditions of quality and continuity identical to those that are
assured to all citizens.
2-The reclusive is, for all intents and purposes, utters of the National Health Service.
3-Access and the provision of health care are ensured in the terms of diploma
own and the General Regulation.
4-The recluse may, at the expense of his, be assisted by physician of his / her trust, in
articulation with the clinical services of the prison establishment.
5-Inmates victims of physical, psychological, or sexual mistreatment are guaranteed access
to specific care.
6-A each reclusion corresponds to an individual clinical process, which accompanies it during the
your prison pathway, including in case of transfer, being your confidentiality
guaranteed in the general terms.
Article 33.
Defence and promotion of health
1-They are assured of the reclusive advice and information enabling it to:
a) Maintain your personal hygiene, that of your accommodation space and that of the remaining facilities
of the prison establishment;
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b) Adopt healthy lifestyles, avoiding risky behaviors and abstaining from
injuriated acts of their personal integrity and that of third parties;
(c) to collaborate, under the law, with the actions of prophylaxis promoted by the Service
National Health and prison services;
d) Follow, under the law, the prescriptions and procedures laid down by the
competent health personnel.
2-Can be imposed on the reclusive tracts of contagious diseases, according to the
guidelines from clinical services.
3-Can be carried out, with consent of the reclusive, traces of diseases
communicable, in accordance with the guidelines of clinical services.
Article 34.
Outpatient health care and hospital internment non-prison
1-The director of the prison establishment may, on a proposal from the clinical services,
authorize the departure of the recluse to receive outpatient health care.
2-A pregnant recluse is allowed to give birth in hospital setting.
3-The internment in non-prison health unit depends on authorization from the
Director General of Prisonal Services, unless medical urgency, in which case the Director of the
prison establishment determines the internment, communicating it right away to the
Director-General.
4-A surveillance of the inpatient inmate is guaranteed by the prison services.
5-The inpatient inmate is entitled to receive visits in the terms provided for in the present
Code, without prejudice to the limitations imposed for medical or order and safety reasons
and by the hospital regulations.
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Article 35.
Health care coactively imposed
1-interventions and medico-surgical treatments and food cannot be
coactively imposed, save in the situations provided for in this Article and in the terms of the
law.
2-interventions and medico-surgical treatments can be coactively imposed
to the reclusive in case of danger to life or serious danger to the body or to health
of other people.
3-The interventions and medico-surgical treatments and food may still be
coactively imposed if there is a danger to life or serious danger to the body or to the
health of the reclusive and if your state withdraws you the discernment required to evaluate the
sense and scope of refusal.
4-The interventions and medico-surgical treatments and the coactive feeding limit-
if to the necessary and cannot create danger to life or serious danger to the body or to
the health of the reclusive.
5-interventions and medico-surgical treatments and coactive feeding are
ordered by reasoned order of the director of the prison establishment and
performed or delivered under medical direction, without prejudice to the provision of the first
aid when the doctor is unable to appear in good time and the adjournment involves
danger to life or serious danger to the body or health of the reclusive.
6-The interventions, medico-surgical treatments and coactively feeding
taxes are immediately communicated to the Director General of Prisonal Services.
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Article 36.
Communication in case of internment, serious illness or death
1-A serious illness or hospital inpatient internment of inmates are communicated, with your
consent, the person by him indicated.
2-If the state of health of the seclusion prevents it from giving its consent and not by
statement its otherwise prior to that state, the hospital internment is communicated
to the spouse or the person, of another or the same sex, with whom the recluse keeps a
relation analogous to that of the spouses and their lawyer.
3-A death of the reclusive is communicated to the persons referred to in the preceding paragraphs, to the
Director General of Prisonal Services, to the competent courts, to the Attorney General of the
Republic, civil identification services, social security and tax administration
and, by treating from abroad, to the respective diplomatic representative or consular and to the
Foreign and Border Service.
4-Without prejudice to the provisions of the previous figures, there shall be an indication of violent death
or of unknown cause, preserves the place of the occurrence and informs itself immediately
the criminal police bodies, the Public Prosecutor's Office and the competent health entities,
in the terms of the General Rules.
Article 37.
Duties of clinical staff
1-Compete to the doctor or the other legally authorized person who exercises roles in the
prison establishment to keep track of the evolution of physical and mental health of inmates and,
in particular:
a) Ensure the observation of the reclusive, in cases and with the periodicity required in the present
Code and in the General Regulation;
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b) Maintain updated the individual clinical process of the reclusive, registering all complaints
and results of examinations and the detailed description of accidental injury or resulting from
direct action of the own or third party;
c) Create, in articulation with the health services of the outside, the necessary conditions to
continuation of medical treatment after the release of the reclusive.
2-Clinical staff immediately communicates, in writing, to the director of the establishment
prison:
a) The existence of diseases that require special risk reduction measures of
transmissibility;
b) Symptoms of deprivation of the consumption of narcotic drugs, drugs or alcohol;
c) The psychological or emotional pressure related to the deprivation of liberty,
particularly in the case of inmates under security arrangements;
d) The existence of indictive signs of physical violence;
e) physical or mental health problems that may hinder the process of reinsertion
social;
f) The alteration of physical and mental fitness of inmates for work and too much activities
provided by the prison establishment.
3-The doctor or other legally authorised person carries out regular inspections of the
prison establishment and present to the Director recommendations in respect of:
a) Quantity, quality, preparation and distribution of food;
b) Hygiene and cleanlination of the prison establishment and the person of the inmates;
c) Sanitary facilities, heating, lighting and ventilation of the prison establishment.
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4-The director of the prison establishment takes into account communications
referred to in paragraph 2 and the recommendations referred to in the preceding paragraph and gives them compliance
appropriate, or, if they disagree, convey them, accompanied by their opinion, to the
Director General of Prisonal Services.
Title VIII
Teaching, vocational training, work, programmes and activities
Chapter I
Vocational education and training
Article 38.
Teaching
1-The teaching organizes in connection with vocational training and work, so as to
promote conditions of employability and social reinsertion, in the framework of policies
national education and employment and adult training.
2-A compulsory schooling is ensured with priority character to young inmates or
illiterates.
3-Must promote the frequency by the reclusion of other educational attainment levels,
in particular through recourse to means of distance learning.
4-The reclusive with special educational needs is guaranteed the support that allows it
access teaching under conditions identical to those of the remaining inmates.
5-To the foreign inmates, of mother tongue other than Portuguese, is guaranteed access
to teach programmes in the Portuguese language, at least when the time of pity to
comply exceeds one year.
6-Of the certificates of qualifications or diplomas may not result in the condition of reclusion.
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7-The ministries responsible for the areas of Education and Higher Education ensure the
teaching activities in the prison facilities under the law.
Article 39.
Incentives for teaching
1-A Assign attendance of teaching courses considers time to be working,
assigned to the reclusion an upstream allowance fixed by the Government member's porterie
responsible for the area of justice.
2-School harness, assiduity and behaviour in the educational space are
taken into account for the purpose of relaxation of the execution of the penalty and for the purpose of assignment
of prizes.
3-The General Regulation concretizes the subjects referred to in the preceding paragraphs.
Article 40.
Vocational training
1-In prison establishments are developed trainings and
outreach professionals who, considering the needs and aptitudes of the reclusive,
privilege its employability.
2-A The organisation of vocational training falls within national education policies
and adult training and takes into account existing resources in establishments
prisms on work and development of productive activities.
3-In the organisation of vocational training it is especially catering to the needs
specific to young inmates or with special educational needs.
4-A-The assydua frequency of trainings and professional enhancement actions
is considered time for work, being assigned to the reclusive a training grant, in the
conditions and terms set out in the law and the General Rules.
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5-The harness, assiduity and behaviour in the trainings and the
outreach professionals are taken into account for the purpose of relaxation of the implementation
of the penalty.
6-From the frequency certificates of trainings and professional outreach
cannot result in the condition of reclusion.
Chapter II
Occupational and occupational activity
Article 41.
General principles of work
1-The work aims to create, maintain and develop in the reclusive capacities and competences for
exercise a labour activity after the release.
2-Must be assured of the reclusive, according to the offers available, work on
productive units of a business nature, taking into account their skills, abilities,
preparation and preferences, without prejudice to access to vocational education and training and the
participation in the programmes referred to in the following Chapter.
3-The work must respect the dignity of the reclusive and the conditions of hygiene, health and
of security required for analogous work in freedom, and may not be attributed to it,
specifically, dangerous or unsanitary tasks, nor be it prejudiced your right to
rest and leisure.
4-Work does not subordinate itself exclusively to lucrative purposes or interests
economic from the prison or third party establishment.
5-It is due equitable remuneration for the work provided.
6-A assiduity and the commitment of the reclusive in the labour activities are taken into account for
effects of relaxation of the execution of the penalty.
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Article 42.
Organization of work
1-The work is carried out in the interior or the outside of the prison establishments and can
also be promoted with the collaboration of public or private entities, under
supervision and coordination of prison services, comprising:
a) the work in productive units of a business nature;
b) The work organized by the prison establishments in their own premises,
that does not fall into the ( a), and the ancillary and maintenance services of the facilities and
equipment.
2-A The organisation and working methods are approaching those who are vigorous in freedom, the
end of preparing the reclusive for the normal conditions of analogous work of life in
society.
3-The reclusive may be authorized by the director of the prison establishment to work by
account itself, in the scope of planning its prison treatment.
Article 43.
Work in productive units of a business nature
1-Work in productive units of a business nature is based on a relationship
special legal work, the discipline of which is contained in a diploma of its own.
2-Work in productive units of a business nature can be organized by the
prison establishment or promoted with the collaboration of public entities or
private.
3-A The special legal relationship of work referred to in paragraph 1 follows the general regime of relations
of work in freedom, resonated the limitations arising from the implementation of the measures
deprivation of liberty.
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3-The diploma referred to in paragraph 1 determines the subjects of the special legal relationship of
work, your rights and duties, particularly as to remuneration, time,
duration, rest without loss of pay, social contributions, access to the allowance of
unemployment and other mechanisms of social protection, protection by accidents of
work and occupational diseases, suspension and dissolution of the labour relationship and the conditions
of development of economic activities by other entities in the establishments
prisms, including supports and incentives to these entities.
4-The diploma provided for in paragraph 1 also regulates the work of a business nature carried out
on his own.
Article 44.
Work developed by prison establishments
1-By the work organized by the prison establishments in their own premises
that does not fall into the ( a) of Article 42 (1) and the provision of services
auxiliaries and maintenance or improvement of prison facilities and equipment is due
remuneration set by portaria of the member of the Government responsible for the area of justice,
having in attention the nature of the activity or the service and its duration.
2-The inmates who provide the services referred to in this article shall benefit from
protection in the matter of accidents at work and occupational diseases in the general terms.
Article 45.
Occupational activity
1-The inmates are provided with the realization of occupational activities of nature
artisanal, intellectual or artistic, depending on the existing availabilities in each
prison establishment.
2-A Net income from the occupational activity is attributed to the reclusive.
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Article 46.
Destination and distribution of remuneration
1-remunerations and other revenues are rematches in four equal parts, which are
affections to the constitution of funds with the following purposes:
a) personal use by the reclusive, specifically in expenses of your daily life;
b) Support for social reinsertion, to be handed over to the reclusive at the time of its release and,
exceptionally, support in the enjoyment of exit permits;
c) Payment, by this order, of claims, fines, costs and other obligations
emerging from conviction;
d) Payment of food obligations.
2-In the event that the convict is not subject to the obligations laid down in the above c)
or d) of the preceding paragraph, the amount that corresponds to them is rebroken in equal parts
by the remaining funds.
3-In the case of special circumstances, the Director-General of Prisonal Services may
authorize a division other than that provided for in this Article.
Chapter III
Programs
Article 47.
Guiding principles
1-A The execution of the penalties and custodial measures of the freedom integrates the frequency of
specific programmes that enable the acquisition or enhancement of personal skills and
social, so as to promote orderly coexistence in the prison establishment and the
favour the adoption of socially responsible behaviours.
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2-The programmes are differentiated, taking into account age, sex, ethnic origin and
cultural, the state of vulnerability, the profiles and criminal problematics, the needs
specific reinsertion of the reclusive and the criminogen factors, specifically the
additive behaviors.
3-The programmes, attending to their purpose, can provide for the conduct of the tests
referred to in paragraph g) of Article 8.
4-The recluse may participate, with your consent, in programs of justice
restorative, notably through mediation sessions with the offending.
5-A frequency of programmes in the scope of prison treatment planning may be
considered working time, and may be assigned to the reclusion of amount
fixed by porterie of the member of the Government responsible for the area of justice.
6-A participation of the reclusive in programmes is taken into account for the purpose of relaxation of the
execution of the penalty.
Article 48.
Design and implementation of programmes
1-In the design, implementation and evaluation of programmes, prison services can obtain the
collaboration of university institutions and other specialized entities.
2-The programmes are approved by the Minister of Justice, on a proposal from the Director-General
of Prisonal Services.
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Chapter IV
Activities
Article 49.
Socio-cultural and sports activities
1-Are organized in the prison establishments socio-cultural and recreational activities,
in particular through the existence of libraries, service of reading, videotaping and
of diversified cultural animation programs, of which inmates can enjoy,
with a view to their well-being and the development of their skills.
2-They are organised in the prison facilities sport activities, under guidance
proper technique, in order to ensure the physical and mental well-being of the reclusive and to favour
the spirit of ordained social coexistence.
3-The reclusive should be encouraged to participate in the programming and organization of the
activities referred to in the preceding paragraphs, without prejudice to the maintenance of the order and
security.
4-The General Regulation provides about the conditions of organisation and fruition of these
activities.
Article 50.
Free time
1-The activities in the prison establishment are arranged in such a way as to guarantee the
reclusive times free and restful times, pursuant to the General Rules.
2-The recluse can arrange your own free time, with respect for the discipline, order
and security of the prison establishment.
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Article 51.
Stay the open sky
1-To the reclusive is guaranteed the right to remain open heaven, for a period of
duration not less than two hours daily, in spaces that offer protection against
adverse climatic conditions.
2-In the 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 one hour per
day.
Title IX
Social and economic support
Article 52.
General principles
1-A The situation of seclusion does not affect the right to the predicted social security benefits
in the law.
2-In the course of the execution of the penalties and custodial measures of freedom is provided support
social and economic to the reclusive and his family household that he lacks, to promote
and maintain social and family linkages and strengthen the conditions of social reinsertion.
3-A The situation of seclusion does not disenforces the competent public entities from the provision of
social and economic support within the framework of their respective assignments, specifically in
safety and social action, employment, vocational training, teaching and health.
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Article 53.
Promotion of employment
1-To Prisonal Services, in articulation with public employment services and
vocational training, compete to carry out actions with a view to the future labour placement of the
recluses.
2-A The situation of seclusion shall not preclude the enrolment of the reclusive in the Employment Centres,
owing to this being promoted by prison services until at least the three months
prior to the foreseeable date of release.
3-The individuals who have served sentence or deprivative measure of freedom and if
find unemployed people can benefit from special measures and programmes of
promotion of employment.
Article 54.
Social and economic support
1-Social and economic support is provided according to criteria of necessity, reasonableness and
suitability for the purposes of the implementation, taking into account the available means and the duty of
management responsible for the reclusion of its own resources.
2-Social support aims, specifically, to contribute to the resolution of personal problems
or family arising from the situation of seclusion and the fulfillment, information and
forwarding to other public and private entities.
3-Economic support consists in the allocation of pecuniary or in-kind benefits,
with the purpose of:
a) Attenuate pressing needs of the family of the reclusive that of this depend
economically, particularly by the granting of the social income of insertion;
(b) facilitate the delivery of contacts with the outside, in particular of personal visits;
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c) To contribute to transport and maintenance expenses, when they are granted
jurisdictional and administrative leave licences of short duration and preparation for the
freedom;
d) To contribute to the immediate expenses with transport and maintenance soon after the
release of the reclusive;
e) Supporting the development of professional projects of the reclusive after its release,
specifically of self-employment.
4-The social and economic support provided for in this article is provided in the terms to be defined
by the members of the Government responsible for the areas of Justice, Labour and the
Social Security.
Article 55.
Private institutions and volunteer organisations
1-Prisonal services encourage, in articulation with other entities, in the terms of the
General Regulation, the participation of private institutions and organizations of
volunteers, namely:
a) In the development of cultural and leisure-cariz activities of leisure;
b) In the social and economic support to inmates and their relatives;
c) In activities relevant to the process of social reinsertion, specifically support
in matters of employment and accommodation.
2-Private institutions and volunteer organizations collaborate, on the terms
provided for in the General Regulation, in the organisation of activities that contribute to
keep the foreign reclusive linked to its culture of origin.
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3-Prisonal services ensure the appropriate framework of the action of the institutions
private individuals and volunteer organisations, particularly through selection,
accreditation and specific training of the volunteers.
4-Prisonal services should keep the community informed as to the objectives and
results of the work developed in the prison system, so as to favour the
participation of that in the execution of the penalties and deprivative measures of freedom.
Title X
Religious assistance
Article 56.
Freedom of religion and worship
1-Are guaranteed to reclusive the freedom of conscience, of religion and worship and the right to
religious assistance and the practice of acts of worship, and the conditions must be created
suitable for your exercise.
2-A achievement or participation in acts of worship, the possession of religious objects and the
assistance from ministers of worship can only be restricted for reasons of order and
security of the prison establishment, heard, whenever possible, the minister of worship
respective.
3-The reclusive may not be required to participate in any act or religious ceremony
or to receive visits from any minister of worship.
4-A religious assistance runs out of the normal time of visits, and may in case of
serious illness of the reclusive, take place outside of the days and regulatory hours.
5-The General Regulation concretizes the conditions under which the rights are exercised and
freedoms referred to in paragraph 1.
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Article 57.
Ministers of worship
1-Religious assistance to inmates by ministers of the respective cult, is permitted
accredited under the terms of the Religious Freedom Act.
2-Can collaborate in religious assistance to inmates, with permission from the Director of the
prison establishment, other people accredited to that end by the respective church
or religious community, owing to the credentials being authenticated by the registration of persons
religious collective.
3-When the number of inmates professing the same religious belief justifies it, it is
permitted regular religious assistance.
Title XI
Contacts with the outside
Chapter I
Visits
Article 58.
General principles
1-The reclusive is entitled to receive visits, pursuant to this Code and the
General Regulation.
2-The visits aim to maintain and promote the family, affective and professional ties of the
reclusive.
3-The period of visits may not have duration of less than one hour per week, owing
visits to be held in place appropriate to respect for the dignity and privacy of the reclusive and
of the people who visit it.
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4-The 16-year-old minors can only visit the reclusive if they are their descendants or
equiped, siblings or people with whom the recluse maintains personal relationships
significant.
5-Applies the regime of visits to the contacts that the reclusive is authorized by the Director
to maintain through the videoconference system of the prison establishment.
Article 59.
Personal visits
1-The recluse is entitled to receive regular visits from the spouse or person, from another or
of the same sex, with whom to maintain a relationship analogous to that of the spouses, of relatives and
other people with whom to maintain significant personal relationship.
2-The reclusive may receive extended visits from relatives and other persons with whom
maintain significant personal relationship, on special occasions, by reason of particular
human or religious significance.
3-Inseclusion that does not benefit from exit permits can receive regular intimate visits
of the spouse or person, of another or of the same sex, with whom to maintain a relationship
analogous to that of the spouses or a stable affective relationship.
4-The inmates placed on security arrangements are not allowed the planned visits
in paragraph 2.
Article 60.
Occasional and urgent visits
They shall be authorised to the reclusive the necessary visits to the resolution of personal matters,
legal, economic or professional, untenable from being treated by letter or
through third or deferred until the date of release.
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Article 61.
Visits by lawyers, notaries, conservatives and solicitors
1-The reclusive is entitled to receive the visit of lawyer, notary, conservative or
solicitor, at own time fixed in articulation with the respective entities
representative of the profession and appropriate to the resolution of legal matters to it concerning,
without prejudice to the authorization of urgent visits.
2-Visit control of visitors takes place through detection equipment and by display
of the interior of the folder or similar object of which to be followed up.
3-During the visit the confidentiality of the talks is ensured.
4-During the visit can only be exchanged with the reclusion documentation required by
treatment of legal matters to it concerning, and may not its content be
controlled.
Article 62.
Visits of diplomatic or consular entities
Diplomatic or consular entities may visit the foreign seclusion, pursuant to
law and the applicable international conventions, on the time and conditions set for visits
of lawyers.
Article 63.
Surveillance and control
1-The personal visits provided for in Article 59 (1) and (2) are carried out in a place of its own,
under the necessary surveillance, proportionate and appropriate to the satisfaction of order requirements and
security.
2-The auditory control of visits can only take place to the extent of the strictly necessary
to ensure order and security in the prison establishment.
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3-The personal visits provided for in Article 59 (1) to the inmates placed on a regime of
safety arise in place that ensures full physical separation between reclusive and
visitor, save in the exceptionally authorized cases by the Director, in the defined terms
by the General Regulation.
4-Visit control of visitors takes place through detection equipment, by palpation
and by magazine of clothing, footwear, personal suitcase or similar object, with respect to its
dignity and integrity and for your feeling of pudor.
5-The magazine of visitors by unnuding is prohibited.
6-During the visit is not permitted the direct delivery of things and values, with the exception of
case provided for in Article 61 (4).
Article 64.
Interruption of the visit
1-A visit may be interrupted if the reclusive or the visitor, after adverts,
to persist in the violation of legal or regulatory standards or to put at risk the order,
the security and discipline of the prison establishment.
2-A interruption of the visit is immediately communicated to the director of the establishment
prison.
Article 65.
Non-authorization and ban on visit
1-The director of the prison establishment may not authorize the visit when not if
check the assumptions provided for in this Chapter and may prohibit the visit of
persons who endanger the security and order of the establishment or may
harm the social reinsertion of the reclusive.
2-A The ban on the visit may not have duration longer than six months.
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3-Elapsed the term of prohibition set in the terms of the preceding paragraph and maintaining
the assumptions referred to in paragraph 1, the Director may propose to the Director-General of the Services
Prisons that determine the ban on visit for new period, of duration up to six months,
extended by equal periods of time.
4-The decisions of non-authorization, prohibition and extension of the ban on visit
are substantiated and communicated to the recluse.
5-The reclusive may challenge the legality of the decisions of non-authorization, of prohibition and
of an extension of the prohibition of visit before the Court of Enforcement of the Penas.
6-The provisions of this Article shall not apply to the visits provided for in articles 61, 62 and
66.
Article 66.
Visits to prison establishments
1-Without prejudice to the forecasted in other legal provisions, they may visit the
prison establishments, in the exercise of their functions:
a) The President of the Republic, the President of the Assembly of the Republic, the First-
Minister, the President of the High Court of Justice, the President of the Court
Constitutional, the Minister of Justice, the Attorney General of the Republic and the Bastonary of the
Order of Lawyers;
b) The remaining holders of the organs of sovereignty and magistrates of the Public Prosecutor's Office;
c) The representatives of international organizations with assignments in matters concerning the
promotion and protection of the rights of inmates, pursuant to international conventions
in force in Portugal;
d) the persons accompanying the entities referred to in the above points.
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2-You can still visit the prison establishments situated in the respective Regions
Autonomas, in the performance of their duties, the Presidents of the Regional Governments, the
Representatives of the Republic and the Presidents of Regional Legislative Assemblies, well
as the people who accompany them.
3-Can be authorized by the Minister of Justice or the Director-General of Services
Prisional other visits, specifically of lecturers, students and researchers, in the
scope of work and investigations of a scientific or academic character, and of organizations
that aim at the promotion of human rights.
Chapter II
Correspondence and other means of communication
Article 67.
Match
1-The recluse is entitled to receive and to send, at the expense of its, correspondence and
orders, pursuant to this Code and the General Rules, which may
establish limits on receipt and dispatch of orders, taking into account the scheme of
execution, the regularity of visits and the socio-family support.
2-Whenever solicited, the reclusive is aided in the writing and reading of his correspondence.
Article 68.
Control of correspondence
1-A correspondence and orders from the reclusive are verified for reasons of order and
security of the prison establishment and for detection of objects prohibited by law or
by the General Regulation.
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2-A reading can be ordered, by reasoned order of the director of the
prison establishment, when the correspondence can endanger the purposes of the
execution, when there is founded suspicion of the practice of crime or for justified reasons of
protection of the victim of crime or order and safety.
3-A The decision referred to in the preceding paragraph shall be communicated to the reclusive, save in case of fear
founded of serious injury to the values that through it are intended to accrunt.
4-It is not the subject of any control to correspondence with the persons and entities
referred to in Articles 61 and 62 and paragraphs 1 and 2 of Article 66 nor that relating to the financial year
of the right provided for in paragraph m) and n) of Article 7 (1)
Article 69.
Retention of correspondence
1-A retention of correspondence and orders from the reclusive can only take place upon
reasoned order of the director of the prison establishment and following the
control provided for in the previous article, being communicated to the reclusive, save in case of fear
founded of serious injury to the values that through it are intended to accrunt.
2-The decisions to withhold correspondence and non-communication to the reclusive are
reported to the Public Prosecutor's Office to the Enforcement Court of the Penas, to
verification of legality.
3-It is up to the Prosecutor's Office to the Court of Execution of the Penas to promote about
the fate of the retained match.
3-The prohibited objects found in the correspondence and orders are withheld,
correspondingly applying the provisions of Article 28.
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Article 70.
Telephone contacts
1-The inmate may carry out, at the expense of his, telephone calls, in the terms of the
General Regulation, except for restrictions imposed by founded reasons of order, security or
social reinsertion.
2-The reclusive may be allowed to receive telephone calls in personal situations or
particularly relevant professionals.
3-The General Regulation may provide for limitations to the telephone contacts of inmates
placed in a security regime.
4-The restriction or authorization decisions provided for in this article compete with the
director of the prison establishment.
5-The reclusion may challenge the legality of the restriction decisions provided for in paragraph 1
before the Court of Enforcement of the Penas.
Article 71.
Control of telephone contacts
1-Telephone contacts can be the subject of presential control, by dispatch
reasoned from the Director, when placing in danger the purposes of the execution,
when there is founded suspicion of the practice of crime or for justified reasons of protection
of the victim of crime or order and safety.
2-They are not the subject of monitoring telephone contacts with persons and entities
referred to in Articles 61 and 62 and in paragraphs 1 and 2 of Article 66 or those relating to the
exercise of the right provided for in points m) and n) of Article 7 (1)
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3-A The control decision of telephone contacts is communicated to the reclusive, save in case
of fear founded from serious injury to the values that through it are intended to
acautelate.
Article 72.
Other means of communication
1-The director of the prison establishment may, exceptionally, authorize the reclusion to
use any other existing technical means of communication existing in the establishment
prisional, namely e-mail and fax, in personal situations or
particularly relevant or urgent professionals, being controlled the respective
content.
2-It is not the subject of control the content of communications with the persons and entities
referred to in Articles 61 and 62 and in paragraphs 1 and 2 of Article 66 nor those relating to the
exercise of the right provided for in points m) and n) of Article 7 (1)
Article 73.
Duty of secrecy
The officials who take notice of the content of the communications provided for in the
present chapter and in the previous one are bound to secrecy, which can only be broken in the
measure of the absolutely necessary to prevent or prevent the practice of crime, protect
the victim of the crime or safeguard the order and security of the prison establishment.
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Chapter III
Social communication
Article 74.
Right to information
It is assured of the reclusion the possibility of keeping informed about the events
relevant public, particularly through access to newspapers, magazines, books, emissions from
radio and television.
Article 75.
Contacts with media bodies
1-The media bodies may, with permission from the Director-General of the
Prison services, visit the prison facilities for reporting
on their functioning and activities, provided that this does not harm social reinsertion
of the inmates or the order, security and discipline in the prison establishment.
2-The media bodies may also be allowed to carry out
interviews to inmates, with the informed and express consent of this, when such no
undermine your social reinsertion, nor does it jeopardized discipline, order or security
in the prison establishment, the purposes of pretrial detention, privacy or the
third party security.
3-In the decision provided for in the preceding paragraph are especially weighted the risks of
stigmatization of the reclusive stemming from its excessive media exposure, impact
negative about the victim or family of this, of violation of the privacy of third parties and of
devaluation of the delightful conduct and its consequences.
4-A The decision provided for in paragraph 2 shall be the competence of the Director General of Prisonal Services,
may be impugned by the reclusive before the Court of Enforcement of the Penas.
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5-Treating preventative reclusive, the authorization of the interview depends still on the non
opposition from the court to the order of which the inmate fulfils remand, on the basis of
weighting the loss of the interview for the purposes of the preventive arrest.
6-In any case, they are not allowed:
a) The collection and dissemination of images and sounds that allow for the identification of inmates, save
informed and express consent of the same;
b) The collection and dissemination of images and sounds that allow for the identification of children that the
recluses keep with you in the establishment;
c) radio or television broadcasts in direct from the prison establishment;
d) Interviews to inmates placed on security arrangements or reporting in
prison establishments or special security units.
Chapter IV
Exit permits from the prison establishment
Article 76.
Types of output licenses
1-Can be granted to the reclusive, with your consent, leave permits
jurisdictional or administrative.
2-jurisdictional exit permits aim at the maintenance and promotion of family ties
and social and the preparation for life in freedom.
3-Administrative exit permits comprise:
a) short-lived outputs, to maintain and promote family and social ties;
b) Outputs for carrying out activities;
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c) Special outputs, on the grounds of particular human meaning or for resolution of
urgent and indefable situations;
d) Outputs of preparation for freedom.
4-Regardless of the consent of the reclusive, it is authorized for its custodial outlet
to:
a) Comparison in a judicial act or act of criminal investigation;
b) Receive health care not likely to be provided in the establishment
prison, in the terms of the law.
5-The General Regulation provides about the procedures for exit licences.
Article 77.
Common provisions
1-The exit period is considered time of execution of the penalty or of the deprivation measure
of freedom, except if the respective licence is revoked.
2-The reclusive is informed on the grounds of the non-granting of leave of leave, unless
founded reasons of order and security impeded him.
3-A non-granting of exit permits cannot, under any circumstances, be used as
disciplinary measure.
4-The inmates in security arrangements only benefit from the leave licences
administrative provisions set out in paragraph c) of paragraph 3 and in paragraph 4 of the preceding Article.
5-preventative inmates only benefit from administrative leave licences
provided for in points b) and c) of paragraph 3 and in paragraph 4 of the preceding Article.
6-In the schedule of exit permits must take into account the normal development
of the activities of the reclusive.
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7-The jurisdictional, short-duration, and preparation leave for freedom non-
can be enjoyed consecutively.
8-It is correspondingly applicable to the provisions of Article 22 (4)
Article 78.
General requirements and criteria
1-Leave permits can be granted when you check the following requirements:
a) Funded expectation that the reclusion will behave in a socially responsible manner,
without committing crimes;
(b) Compatibility of the exit with the defence of order and social peace; and
c) Founded expectation that the reclusion will not subtract from the execution of the penalty or measure
deprivative of liberty.
2-Taking into account the purposes of the Leave licences, they aim at their concession:
a) the evolution of the execution of the penalty or deprivative measure of liberty;
b) the protection needs of the victim;
c) the social or family environment in which the reclusive is going to integrate;
d) The circumstances of the case; and
e) The known antecedents of the life of the reclusive.
3-In the granting of leave licences may be fixed, appropriate to the case
concrete, to be observed by the reclusive.
Article 79.
Jurisdictional output licenses
1-Jurisdictional leave licences are granted and revoked by the Court of
Execution of the Penas.
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2-jurisdictional outbound licences can be granted when cumulatively if
check:
a) Compliance with a sixth of the sentence and minimum six months, treating yourself to no
over five years, or the fulfillment of a quarter of the penalty, dealing with pity
greater than five years;
b) the execution of the penalty in common or open regime;
(c) The non-existence of another pending case in which it is determined pretrial detention;
d) The non-existence of evasion, illegitimate absence or revocation of the probation in the
twelve months leading up to the application.
3-In the cases of successive execution of prison terms or punishment relatively
indeterminate, the sixth and the fourth of the penalty are respectively determined as a function of the
sum of the penalties or the penalty that concretely would fit the crime.
4-Each exit permit may not exceed the maximum limit of five or seven days
followed, depending on the execution of the sentence decorated in common or open regime, to enjoy
four in four months.
5-jurisdictional outbound licenses are not custodious.
Article 80.
Short-duration exit licenses
1-The director of the prison establishment may grant short exit permits
duration as long as cumulatively check:
a) The execution of the penalty under open regime;
b) the prior successful enjoyment of a jurisdictional exit permit;
c) The non-existence of evasion, illegitimate absence or revocation of the probation in the
twelve months leading up to the application.
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2-Short-term exit permits can be granted every three months, up to
maximum of three days followed, covering preferably the weekends.
3-Short-term output licenses are not custodious.
Article 81.
Outbound licences for activities
1-The Director-General of Prisonal Services may grant, the inmates who meet
in common or open regime:
a) Exiting licences for activities, with occasional character, in the labour scope, of the teaching,
of vocational training or other programmes;
b) Outlet Licences for study, training or lucid visits, suitable for
development of personal and social skills, organised by the establishment
prison.
2-Exit licences provided for in the preceding paragraph are always custodious, except in
exceptional situations, duly substantiated.
3-In the case of reclusive in pretrial detention, the granting of exit permits provided for in
point ( a) of paragraph 1 depends on the non-opposition of the court to the order of which it fulfils the measure
of coaction.
Article 82.
Special output licenses
1-Can be granted by the director of the prison establishment permit leave
custodials, on the grounds of particular human meaning or for resolution of situations
relevant and inadiable, specifically:
a) In the event of serious illness or death of close family or person with whom the
reclusion maintains analogous affective link;
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b) On the grounds of force majeany or business or legal act that cannot be solved
in the interior of the prison establishment or abroad, by proxy or manager of
business.
2-Special exit permits arise for the time strictly necessary to the
concretization of the end to which they are intended, and may not exceed 12 hours.
3-In the case of reclusive in pretrial detention, the concession depends on the non-opposition of the
court to the order of which it fulfils the coaction measure, save when the delay may
make it useless to exit, in which case this is immediately communicated to that court, with
indication of the motives and urgency that have determined it.
Article 83.
Leave preparation permits for freedom
In order to facilitate the preparation for freedom, the Director-General of Prisonal Services
may authorize the reclusive to exit the prison establishment, up to a maximum of eight days,
in the last three months of fulfilment of the penalty or in the last three months preceding
the 5/6 percent higher than six years in prison.
Article 84.
Renewal of the application
In the event of non-granting of judicial or short-lived leave, the reclusive
you cannot submit new application before after decorations four or three months
respectively, from the date of that decision, unless the lower deadline is set in this.
Article 85.
Failure to comply with conditions
1-If, during leave of absence, the reclusive fails to unjustifiably comply with any
of the conditions imposed, may the entity which granted it to make him solemn warning,
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determine the impossibility of submitting new application for six months or
revoke the exit license.
2-Dealing with administrative leave of absence, the reclusive may challenge in the face of the
Court of Enforcement of the Penas the legality of the decision to revocation.
3-Dealing with leave of administrative leave, the Director communicates the revocation to the
Prosecutor's Office to the Court of Enforcement of the Penas, for the purposes set out in the
point ( h) of Article 141 para.
4-A the withdrawal of the exit permit determines the discount, by the Court of Enforcement of the
Feathers, in the fulfillment of the penalty, of the time when the reclusive was at liberty.
5-When revoking the leave of absence, the entity that has granted it determines the fixation of a
term, between six and twelve months from the return to the prison establishment, during the
which the reclusive cannot submit new request.
Title XII
Order, security and discipline
Chapter I
General principles
Article 86.
Purposes
1-A order and discipline in the prison establishment are maintained as a condition
indispensable for the realization of the purposes of the execution of the penalties and deprivative measures
of freedom and in the interest of an organized and secure common life.
2-A security in the prison establishment is maintained for protection of legal goods
fundamental, personal and patrimonial, for the defense of society and for the reclusion not to
subtract to the execution of the penalty or of the deprivative measure of liberty.
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3-The sense of responsibility of the reclusive is fostered as a determining factor of the
order, of security and discipline in the prison establishment.
4-A order, security and discipline are maintained with subordination to the principles of
need, suitability and proportionality.
Article 87.
Maintenance of order and safety
1-A The maintenance of order and security in the prison establishment competes in the
Prison Services, notably through the Prison Corps, without prejudice to the
exceptional resource to the intervention of other forces and security services in case of
serious alteration or in the cases provided for in the Internal Security Act.
2-A The intervention of other forces and security services takes place in close
articulation with Prisonal Services, respects the principle of proportionality and limits-
if, in particular as to its extent and duration and the means used, the
strictly necessary to the ready re-establishment of order and security in the
prison establishment and the safeguarding of the legal purposes that have determined it.
Chapter II
Means of order and security
Article 88.
Types, purposes and use
1-To ensure order and security in the prison establishment are used means
common and special security, pursuant to this Code and the General Rules.
2-Are common means of security, specifically, the observation, the personal magazine, the
search, periodic monitoring of presences and control by means of detection tools,
of polytechnic means or electronic surveillance or biometric systems.
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3-Admitting exclusively the following special means of security:
(a) Prohibition of the use or temporary seizure of certain goods or objects;
b) Observation of the reclusion during the night period;
c) Privacy or restriction of the convivid with certain inmates or access to spaces
common of the prison establishment;
d) Use of handcuffs;
e) Placing in cell separation of the remaining prison population;
f) Placing in room of safety.
4-Special means of security are only used when there is serious danger of
evasion or taken away or when, by virtue of their behavior or psycho-emotional state,
there is serious danger of practice by the reclusion of acts of violence against itself or against
personal or patrimonial legal goods.
5-Special means of security have a wary nature, they remain only while
endure the danger situation that determined its application and are never used for title
discipline.
6-The decisions for use and cessation of special security means are
substantiated and compete for the director of the prison establishment or who the
replace, and in this case be immediately communicated to that.
7-The reclusive is informed of the reasons for the use of the special means of security,
unless we founded reasons of order and security impeded him.
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Article 89.
Personal magazine and search
1-A personal magazine is carried out when they are unable to successfully use instruments of
detection, being carried out by person of the same sex of the reclusive, with respect for their
dignity and integrity and for your feeling of pudor.
2-A personal magazine by unnudgement can be carried out, upon permission of the
director of the prison establishment, when there are suspicions that the reclusive brings
i get objects not allowed and stems in reserved location so as to respect the
privacy of the reclusive.
3-The General Regulation may establish situations in which the magazines provided for in paragraphs 1
and 2 are mandatory.
4-A Body intrusion for extraction of objects is carried out under medical guidance and
authorized by the Court of Enforcement of the Penas.
5-A search for the reclusive accommodation space is carried out with respect for the objects
who belong to you and, where possible, in your presence.
Article 90.
Surveillance systems
In prison establishments, electronic surveillance systems can be used,
particularly of videovigilance in the common spaces and biometric control, with
safeguarding the intimacy of private life, under the law and the General Regulation.
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Article 91.
Use of handcuffs
1-The handcuffs can be used, where possible under medical surveillance, by the time
strictly indispensable, where otherwise it is not possible to prevent the
reclusive practice acts of violence against personal legal goods, of the own or of
third, or patrimonial.
2-The handcuffs can still be used in the offsets abroad, to prevent danger from
evasion or taken out or practice of the acts referred to in the preceding paragraph.
3-The handcuffs can only be applied on the wrists, owing to the withdrawals when the
reclusive to appear before judicial or administrative authority and during the realization of
medical act, except when that authority or who to carry out the medical act determines
the opposite.
Article 92.
Cell of separation
1-A placement of the reclusive in cell of separation from the remaining prison population can only
take place when there is serious danger of evasion or taken away or when, due to its
behaviour, there is serious danger of the practice of acts of violence against legal goods
personal, own or third party, or patrimonial, if the less gravy special means
prove to be ineffective or inappropriate.
2-A placement of the reclusive in separation cell excludes life in common and communication
with the remaining inmates and limits the contacts with the outside, and may be reduced
period of remain open to open skies, with safeguard of the limit set out in Article 2 of the article
51.
3-It is compulsory for observation by doctor or nurse within a maximum period of 24 hours
after the start of the implementation of this measure.
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4-If the reclusive finds itself under special observation or medical treatment or reveals
suicidal ideation or in the case of pregnancy, puerptery or after termination of pregnancy is
obligatory to carry out prior medical examination, unless it is a danger situation
imminent and it is not possible to resort to another means of security, in which case it is carried out
subsequently the urgent medical examination.
5-Without prejudice to the provisions of Article 88 (5), the allotment of the inmate in a cell of
separation is mandatorily reappraised by the director of the prison establishment of 72
in 72 hours.
6-A decision of reclusion maintenance in cell of separation, in the first reexamination
carried out in fulfillment of the preceding paragraph, is communicated to the Public Prosecutor's Office together
of the Court of Enforcement of the Penas, for verification of legality.
7-The director of the prison establishment informs the Public Prosecutor of the cessation of this
special means of safety.
8-If, decorated thirty days, if they maintain the grounds that warranted the application of this
special means of security, the director of the prison establishment proposes the placement of the
reclusive in a security regime, pursuant to Article 15 para.
Article 93.
Room for safety
1-A placement of the reclusive in a safe room can only take place in serious condition
alteration of its psycho-emotional state that poses serious danger of acts of violence
against personal legal goods, of the own or of the third party, or patrimonial, if the others
special means if they reveal ineffective or inappropriate, and may be reduced the period of
remain open to open heaven, with safeguard of the limit set out in Article 51 (2)
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2-The reclusive placed in a safety room is immediately examined by the doctor,
and should be subject to daily clinical monitoring while this special means of
security keep up.
3-The doctor informs in writing the director of the prison establishment, after each examination
clinical, on the state of health of the reclusive and on the possible need to make a cessation
this special means of safety.
4-Decorrides ten days, and maintaining the assumptions that led to the placement in
safety room, the reclusive is transferred to establishment or hospital unit
proper.
5-A placement of the reclusive in a room of safety is communicated from the Public Prosecutor's Office
together with the Court of Enforcement of the Penas, for verification of legality.
Chapter III
Coercive means
Article 94.
General principles
1-The use of coercive means to ward off a current danger to the order is permitted
and security of the prison establishment that cannot be eliminated otherwise,
specifically:
a) To prevent individual or collective acts of insubordination, rebellion, amotination or
evasion;
b) To avoid the practice by the reclusion of acts of violence against personal legal goods, of the
own or third party, or patrimonial;
c) To win the active or passive resistance of the reclusive to a legitimate order;
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d) To prevent the tirade of inmates or the illegal entry or stay of persons in the
prison establishment.
2-coercive means can only be used by the time strictly indispensable to the
achievement of the objective they aim to achieve, in accordance with the principles of necessity, of the
suitability and proportionality.
3-coercive means, either by their nature or by the form of use, cannot
affect the dignity of the reclusive nor can they be used on disciplinary basis.
4-Prisonal services assure your staff permanent training for a
correct use of coercive means.
Article 95.
Types and conditions of use of coercive means
1-Are coercive means of physical coercion, coating with auxiliary means and weapons.
2-It is considered physical coaction to which it is exercised on people through use of force
body.
3-The cuffs constitute auxiliary means of the physical coaction.
4-A The use of coercive means is, where possible, preceded by warning.
5-A The use of coercive means is compulsorily followed by medical examination and
inquiry into the circumstances that determined it.
6-In the interior of the prison area, except for the service stick, the waybill is not admitted
of auxiliary means or weapons on the part of prison officials or other persons who
have contact with the inmates.
7-A use of auxiliary means or weapons by the staff of the Corps of the Guard
Prison is only admitted when it is strictly necessary for the safeguard or reposition of the
order and discipline or in the event of self-defense or state of need.
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8-A use of firearms by the staff of the Prison Guard Corps
comply with the requirements and follow the regime of the situations of recourse to firearm in action
police officer.
9-The types and conditions for the use of coercive means are realized by the
Regulation of Use of Coercite Means in Prisonal Services.
Article 96.
Decision and communication
1-A The use of coercive means is decided by the director of the prison establishment and,
in the case of an arms resource, it determines the opening of the process of enquiries and is
communicated immediately to the Director General of Prisonal Services.
2-In case of urgency or imminent danger, in the absence of the Director the decision is made
by whom the surrogate or by the employee who has the responsibility to prevent the
situation, and in this case shall be communicated immediately to the Director.
Article 97.
Evasion or unauthorized absence
1-The director of the prison establishment communicates immediately the evasion or absence not
authorized from the reclusive to the security forces and services, to the Director-General of the Services
Prisons, to the court on the order of which it fulfils deprivative measure of freedom and the Court
of Execution of the Penas, also communicating the catch.
2-To the convict who dolly if he has eximed, wholly or partially, to the execution of
prison term or internship measure is correspondingly applicable the willing
in Articles 335, 336 and 337 of the Code of Criminal Procedure, relating to the declaration of
contumacy, with the following modifications:
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a) The editions and announcements contain, in place of the indication of the crime and the legal provisions
which punish him, the indication of the sentencing and sentence or safety measure to
perform;
b) The dispatch of affidavit of the contumacy and the decrement of the arrest are from the
competence of the Court of Enforcement of the Penas.
3-When considering that the avoidance or absence of the reclusive may create danger to the
offended, the competent court informs him of the occurrence.
4-Any judicial authority or agent of service or security force has a duty
of capturing and conducting the prison establishment any reclusive evaded or that if
find outside the establishment without authorization.
Title XIII
Disciplinary regime
Chapter I
General provisions
Article 98.
Principles
1-It can only be punished disciplinarily the de facto practice that constitutes infringement
discipline under the terms of this Code.
2-No recourse to analogy is permitted to qualify a fact as an infringement
discipline nor to determine the disciplinary measure that corresponds to it, applying
solely the disciplinary measures provided for in this Code.
3-A disciplinary measure, either by its nature or by the mode of implementation, cannot
to offend the dignity of the reclusive nor to compromise your health or physical integrity.
4-Collective or for indefinite time of disciplinary measure is prohibited.
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5-When it shows enough the mere warning or mediation, there is no place to
procedure for the application of disciplinary measurement.
6-The reclusion cannot be punished disciplinarily more than once by the practice of the same
infringement.
7-The General Regulation concretizes the procedures necessary for the implementation of the provisions
in this Title.
Article 99.
Disciplinary recidivism
1-It is considered to be a disciplinary recidivism the committing of new infringement, of the same or of
another species, before three months ' elapsed on the date of the practice of previous offence
discipline.
2-In the event of disciplinary recidivism, the maximum temporal limit of the disciplinary measure is
high of one third.
Article 100.
Competition for disciplinary offences
When the reclusion has actually practiced more than one disciplinary offence, they are-
it shall apply to you the disciplinary measures corresponding to each of the offences.
Article 101.
Disciplinary offence continued
1-Constitutes one only disciplinary offence continued to carry out plus-like
disciplinary offence or of several similar disciplinary offences, executed in a manner
essentially homogeneous and in the frame of the solicitation of a same external situation as
considerably diminish the guilt of the reclusive.
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2-A The continuing disciplinary offence is sanctioned with the disciplinary measure applicable to the
more serious fact that integrates the continuation.
Chapter II
Offences and disciplinary measures
Article 102.
Classification of disciplinary offences
Disciplinary offences are classified in:
a) simple disciplinary infractions;
b) Serb disciplinary infractions.
Article 103.
Simple disciplinary offences
A simple disciplinary offence is deemed to be:
a) Do not present itself, repeatedly, clean and arranged;
b) Do not proceed, repeatedly, to the cleaning and tidying up of the accommodation and its respective
equipment;
c) Do not proceed, repeatedly, to the cleaning, tidying and maintenance of equipment and
facilities of the prison establishment;
d) Organize and participate in games of fortune or gambling in the prison establishment;
e) Establish communication not permitted or by fraudulent means with the outside or,
violating express prohibition, with other inmates in the prison establishment;
f) Divulgar dolly news or false data relating to the prison establishment;
g) Simulate disease or situation of danger for your health or third party;
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(h) carry out unauthorised business with other inmates;
i) Introduce, produce, manufacture, make out, distribute, transaction, have in your power or
hold in the prison establishment banned objects or organise such activities;
(j) destroy, damage, disfigure or render non-usable doled goods of reduced
value of the prison establishment, of prison officials, of the remaining inmates or of
third parties;
l) Insulate, offend or defame another reclusive or third party in the prison establishment or
during custodial output;
m) Insulation, offending or defaming prison official in the performance of his duties or by
cause of these;
n) Resist the legitimate orders of the officials, in the performance of their duties;
o) Practise, in the prison establishment or during custodial outlet, any other fact
provided for in the law as a crime whose procedure depends on complaint or charge sheet
particular; or
p) Do not comply, or comply with unjustified delay, the duties imposed, on the terms
legal or regulatory, or the legitimate orders of the officials, in the exercise of their
functions, in the prison establishment or during authorized exit.
Article 104.
Serious disciplinary offences
Serious disciplinary offence shall be deemed to be:
a) Establish communication not permitted or by fraudulent means with the outside or,
violating express prohibition, with other inmates in the interior of the prison establishment,
and create this danger mode for the order and security of the prison establishment;
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b) Divulgar dolefully news or false data concerning the prison establishment, and
create this danger mode for the order and security of this;
c) Simulate illness or situation of danger to your health or third party, which entails
travelling abroad or an exceptional allocation of means of the establishment
prison;
(d) carry out unauthorized business of high economic value with other inmates or,
regardless of their value, with officials of the prison establishment or
third parties;
e) Insulate, offend or defame, in a public and notorious manner, another reclusive or third party in the
interior of the prison establishment or outside of this during custodial exit;
f) Insulate, offend or defame, in a public and notorious manner, official of the establishment
prison, in the exercise of their duties or because of these;
g) Destroy, damage, disappear or render non-usable, dolly or with negligence
gross, assets of the prison establishment, of prison officials, of the rest
recluses and third parties, of significant economic value, or, regardless of the
injury caused, creating danger to the order and security of the prison establishment;
h) Resist with violence or disobey, in a public and notorious manner, to legitimate orders
of the officials, in the performance of their duties;
i) Introduce, produce, manufacture, make out, distribute, transaction, have in your power or
hold, in the prison establishment prohibited objects, or arrange such activities, and
create this danger mode for the order and security of the prison establishment;
j) Deter, possess, introduce, produce, manufacture, distribute, transaction, in the establishment
narcotic narcotics or any other toxic substance, non-prescribed drugs or
unauthorised alcoholic beverages or arrange such activities;
(l) Intimidate or establish relationship of power or authority over other inmates;
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(m) threatening, coercing, assaulting or embarrassing the sexual act other reclusive, official
prisional or third party, in the prison establishment or during custodial exit;
n) Try to evade, evade, promote or participate in taken out of reclusive;
o) Promote or participate in moot or collective act of insubordination or of
disobedience to the legitimate orders of the officials, in the exercise of their duties;
p) Practise, in the prison establishment or during custodial outlet, any other fact
provided for in the law as a crime whose procedure does not depend on a complaint; or
q) Do not comply, or comply with unjustified delay, the duties imposed, on the terms
legal or regulatory, or the legitimate orders of the officials, in the exercise of their
functions, in the prison establishment or during authorized exit, and to create in this way
danger to the order and security of the prison establishment.
Article 105.
Disciplinary measures
1-They shall apply to the reclusion the following disciplinary measures:
a) Repreension written;
b) Privacy of the use and possession of personal objects not indispensable by period not
higher than sixty days;
(c) Prohibition of use of the fund provided for in the a) of Article 46 (1) per period
not more than sixty days;
(d) Restriction or deprivation of socio-cultural, sports or occupation activities of
free time for a period not exceeding sixty days;
e) Decrease of the daily free time of remaining open skies, by non-superior period
to 30 days, safeguarded the minimum limit set out in this Code;
f) Mandatory stay in the accommodation up to thirty days;
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g) Internment in disciplinary cell up to twenty one days.
2-A measure provided for in the g) of the preceding paragraph shall only apply to serious offences.
3-A The choice and the determination of the duration of the disciplinary measure are made depending on the
nature of the offence, of the seriousness of the conduct and its consequences, of the degree of guilt
of the reclusive, of its disciplinary background, of the requirements for the prevention of the practice of
other disciplinary offences and the willingness to repair the damage caused.
4-In case of tender for disciplinary offences, yet the sum of the measures
applied disciplinary exceeds 120 days, in the case of points (s) c) , d) and e) , or 60 days, in the case of the
points f) and g) of paragraph 1, the disciplinary measure performed shall not exceed those durations,
without prejudice to the provisions of Article 113.
Article 106.
Suspension of the implementation of the disciplinary measure
1-A The implementation of disciplinary measure applied to simple disciplinary offences can be
suspended for the maximum period of three months, upon reasoned decision, whenever
be of the conclusion that the simple censorship of the fact and the threat of the sanction carry out in a manner
adequate and sufficient its purposes.
2-A suspension of the implementation of disciplinary measure is contingent upon compliance with
reasonably chargable duties designed to repair the consequences of the offence,
particularly:
a) Give the aggrieved immediate moral satisfaction;
(b) indemnify the aggrieved, in whole or in part, within the prescribed time limit;
c) Deliver to social solidarity institutions, particularly associations to support the
victim and volunteering organizations, a monetary contribution or provision in
species of equivalent value;
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d) Realize, at the time of suspension, tasks of common interest, unpaid, with
consent, for period of not less than 20 or more than 120 hours, without prejudice to the
normal development of their formative and labour activities.
3-Se, during the period of suspension, the reclusive, culposely, cease to comply
any of the duties imposed or practicing new disciplinary offence, is revoked
suspension.
4-During the period of suspension it does not run the limitation period of the measure.
Article 107.
Mandatory stay in the accommodation
1-A permanence in the accommodation consists of the continuous presence of the recluse in that,
may be reduced the period of remain open to open skies, with safeguard of the limit
provided for in Article 51 (2)
2-The reclusive maintains the right to correspondence and contacts with its lawyer and
with the religious assistant.
3-The director of the prison establishment may authorize regular visits of relatives
next with the maximum duration of one hour per week.
4-In order not to harm the vocational or school training of the reclusive, the director of the
prison establishment may authorize compliance with this measure in periods
interpolated.
Article 108.
Internment in disciplinary cell
1-The internment in disciplinary cell consists of the continuous presence of the reclusive in cell
that ensures their separation from the remaining prison population, and may be reduced the
period of remain open to open skies, with safeguard of the limit set out in Article 2 of the article
51.
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2-During the implementation of the measure, the reclusive is deprived of activities and communications
with the outside, without prejudice to the contacts with the lawyer or the religious assistant and the
access to correspondence, newspapers, books and magazines.
3-The director of the prison establishment can only authorize visits when
ponderous circumstances the justices.
4-During the execution of the internment measure in disciplinary cell applied to reclusion
that keep with you child minor, is guaranteed this follow up and support and a
daily convivial time between both.
5-A disciplinary cell brings together the indispensable conditions of habitability, the characteristics
and the equipment specified in the General Regulations, which concretes the other subjects
provided for in this article.
Article 109.
Health care
1-The reclusion that finds itself to comply with the disciplinary measures provided for in the paragraphs f) and g)
of Article 105 (1) shall be under clinical surveillance, being observed with frequency
required by the doctor, who is pronounced in writing whenever he deems it necessary
interrupt or change the execution of the disciplinary measure.
2-The doctor of the prison establishment is heard prior to the application of measurement
discipline the reclusive who finds himself in psychiatric medical treatment or who reveals
suicidal ideation or in the case of pregnancy, puerptery or after termination of pregnancy, when
treat yourself to the disciplinary measures provided for in points f) and g) of Article 105 (1) and, in the
remaining cases, when exceptional circumstances justify it.
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Chapter III
Disciplinary procedure
Article 110.
General principles
1-A The application of disciplinary measure is preceded by written procedure, save by treating-
if of written reprimand.
2-Initiated the procedure, the reclusive is informed of the facts that are charged to it,
we will be guaranteed the rights to be heard and to present evidence for their defence.
3-The disciplinary procedure is considered to be urgent, and must be completed on time
maximum of ten working days.
4-A The final decision and its statement of reasons are notified to the reclusive and to its defender,
when you have it, and registered in the individual process of that.
5-A The stepping stone of the disciplinary procedure is realized in the General Regulation.
Article 111.
Precautionary measures pending the disciplinary procedure
1-The director of the prison establishment may determine, at any stage of the proceedings
discipline, the application of the precautionary measures necessary to prevent the continuation of the
disciplinary offence or the disturbance of orderly and secure coexistence in the
prison establishment or to ensure the protection of person or the preservation of means of
proof.
2-The precautionary measures shall be commensurate with the seriousness of the offence and appropriate
the precautionary 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, in
individual accommodation.
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3-A The application of cautionary measures may not exceed 60 days or, in the case of
confinement, 30 days.
4-Being applied cautionary measure of confinement for the whole day, paragraph 1 of the
article 109.
5-If the reclusive comes to be sanctioned with the mandatory stay measure in the
accommodation or internment in disciplinary cell, the time of the cautionary measure abiding is
weighted, for the purpose of mitigation, in the penalty that comes to be applied.
Article 112.
Competence
1-A The application of disciplinary measure competes with the director of the prison establishment.
2-If the disciplinary offence has been practiced against the Director, the application of measure
discipline competes with the Director-General of Prisonal Services.
3-A Decision to apply for disciplinary action may be preceded by hearing of the board
coach of the prison establishment.
Article 113.
Implementation of disciplinary measures
1-A The implementation of the disciplinary measure is immediate, without prejudice to the provisions of the article
next.
2-When the reclusion has to comply with two or more disciplinary measures, its implementation is
concurrent whenever the measures are concretely compatible.
3-A successive implementation of disciplinary measure of internment in disciplinary cell no
may exceed 30 days.
4-Showing necessary the interruption of the execution of the measure, in the terms of the number
previous, this is resumed decorride 8 days.
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5-On occasions of particular human or religious significance, the director of the
prison establishment may interrupt compliance with disciplinary measures
provided for in points f) and g) of Art. 105 (1) for the maximum period of 24 hours.
Article 114.
Impugation
1-The reclusion may challenge, before the Court of Enforcement of the Penas, the decisions of
application of the disciplinary measures of compulsory stay in the accommodation and
internment in disciplinary cell.
2-A The impurition has suspensive effect, without prejudice to the provisions of Article 111.
Article 115.
Prescription
1-The disciplinary procedure extinguishes, by effect of prescription, when they have
elapsed four or six months from the date of the offence of the offence, as if
handle simple or serious offences, respectively.
2-A prescription referred to in the preceding paragraph interrupts with the communication to the reclusive
of the introduction of the disciplinary procedure.
3-A The disciplinary measure prescribes in the deadlines of four or six months from the day
following that of the decision that applied it, as it deals with, respectively, infringements
simple or serious.
4-A prescription referred to in the preceding paragraph interrupts with the start of execution of the
measure.
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Title XIV
Safeguarding of rights and means of guardian
Article 116.
Right of complaint, petition, complaint and exhibition
1-The reclusive is entitled to submit, in writing, individually or collectively,
complaints, petitions, complaints and exposures concerning the implementation of the custodial measures of the
freedom, for the defence of your rights.
2-Claims, petitions, complaints and exhibitions can be addressed to the Director of the
prison establishment, which:
a) Cut to mediation, to achieve consensual solutions;
b) If it pronounces on the complaints, petitions, complaints and exposures that are directed to it,
within the maximum period of 30 days; or
c) It sends them immediately to the competent entities or bodies, giving notice to the
reclusive.
3-Claims, petitions, complaints and exhibitions can also be addressed to the
Director General of Prisonal Services and the Audit Office and Inspectorate of the Directorate-
General of Prisonal Services.
4-Without prejudice to the provisions of the preceding paragraphs, the reclusion may also present
petitions, complaints and exposures to the organs of sovereignty and other entities,
in particular to the Inspectorate General for Justice Services, the Provedory of Justice, the
Order of Lawyers, to the European Court of Human Rights, to the Committee
European for the Prevention of Torture and the Committee against Torture of the Organization of the
United Nations.
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5-The General Regulation concretizes the conditions for the exercise of the rights referred to in the
previous numbers.
Article 117.
Right to legal information
1-The prison establishment makes available to the reclusive legal information written,
specifically criminal and prison legislation and doctrine, the General Regulation and
applicable international conventions.
2-In particular to foreign seclusion, information is made available, in language that he
understand, about the possibilities of execution abroad of the criminal sentence
portuguese and of their transfer abroad and on the terms of the execution of the penalty
expulsion accessory.
Title XV
Modification of the execution of the prison sentence of inmates with sickness
serious, evolutionary and irreversible or of severe and permanent disability or age
advanced
Article 118.
Beneficiaries
It can benefit from modification of the execution of the penalty, when the such if they do not oppose strong
demands for prevention or order and social peace, the reclusive condemned that:
a) If you find yourself seriously ill with evolutionary and irreversible pathology and no longer respond
available for the available therapeutics;
b) Be bearer of serious disability or irreversible disease which, in a permanent manner,
lead to third person dependency and show yourself incompatible with normal
maintenance in a prison medium; or
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c) Have age equal to or greater than seventy years and your state of health, physics or psychic,
or of autonomy proves to be incompatible with normal maintenance in a prison medium or
affect its ability to understand the sense of the execution of the penalty.
Article 119.
Consent
1-A The modification of the execution of the penalty depends always on the consent of the convict,
even though presumed.
2-There is presumed consent when the physical or psychological situation of the convict
allow reasonably to assume that it would have effectively consented to the modification if it had
been able to know or comment on the respective assumptions.
Article 120.
Modalities of modification of the execution of the penalty
1-A The modification of the execution of the penalty takes the following modalities:
a) Internment of the convict in health or host establishments
adequate; or
b) Regime of permanence in housing.
2-The court may, if it is understood necessary, to decide itself by the supervision by technical means
of distance control, based on medical advice and social reinsertion services.
3-The time of duration of the internment or the stay arrangements in housing is
considered time of execution of the penalty, particularly for the purposes of freedom
probation.
4-The modalities referred to in paragraph 1 may be:
a) replaced with one by the other;
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b) Revoked, when the convict infringes grossly or repeatedly resulting duties
of the modification of the execution of the penalty, comet crime by which it comes to be condemned or if
check a substantial change in the assumptions of its application, and if revs
inadequate or impossible the measure provided for in the previous paragraph.
5-For the purposes set out in the preceding paragraph, the Tribunal annually requests the
competent health entities the updating of the opinion provided for in the applicable paragraph of the n.
2 of Article 217 para.
Article 121.
Duties of the convict
Shall fall in particular on the convict the duties of remaining in the establishment or
in housing in the fixed time periods and to accept the measures for support and surveillance
of the social reinsertion services, comply with their guidelines and respond to contacts,
particularly by telephone call, which by the latter are made during the periods in which
should remain in the establishment or housing.
Article 122.
Extension of the scheme
1-When, at the time of the conviction, they find themselves fulfilled the respective
material assumptions, may the court which condemns in penalty of imprisonment to be decided by the
immediate application, with due adaptations, of the modification of the execution of the penalty.
2-In the case provided for in the preceding paragraph, the provisions of Art. 477 of the Code of
Criminal Procedure.
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Title XVI
Special rules
Chapter I
Preventive detention and detention
Article 123.
Preventive detention
1-A preventive detention, in accordance with the principle of the presumption of innocence, is
executed in such a way as to exclude any restriction of freedom not strictly indispensable
to the realization of the cautionary purpose that determined its application and the maintenance of the
order, security and discipline in the prison establishment.
2-A preventive detention is carried out in accordance with the provisions of the court ruling that
determined its application.
3-The preventative inmate can, wanting, attend courses in teaching and training
professional, work and participate in the other activities organized by the establishment
prison.
4-The preventative reclusion has a duty to proceed to the cleaning, tidying and maintenance of the
your accommodation and to participate in the activities of cleaning, tidying up and maintenance of the
equipment and facilities of the prison establishment.
5-The preventative reclusion can receive visits, whenever possible every day.
6-As far as possible and as long as reasons of health, hygiene and safety do not
disadvice, preventive inmate may receive food from abroad, pursuant to the
General Regulation.
7-The preventative reclusion placed on safety regime is subject to the limitations
arising from this regime imposed by this Code.
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Article 124.
Detention
1-The detainee may only remain in establishments or prison units
intended, by dispatching the Director General of Prisonal Services, to the guard of detainees.
2-The detainee shall apply the provisions of this Code and in the General Rules, with the
necessary adaptations.
3-The detainee is entitled to contact with his / her lawyer at any time of the day or the
night.
4-When founded health reasons justifying it, the detainee is observed by doctor of the
prison establishment or, at your own expense, by physician of your trust.
Chapter II
Prison for free days and in regime of semideation
Article 125.
Execution, falters and term of compliance
1-A execution of prison for free days and imprisonment in regime of semidearrest obeys
to the provisions of this Code and in the General Rules, with the specifications set out
in this Chapter.
2-The ins and outs in the prison establishment are annotated in the individual process
of the condemned.
3-Are neither past warrants for driving nor release.
4-The outlines of entry in the prison establishment of harmony with the sentence are
immediately communicated to the Court of Enforcement of the Penas. If this Court, then
to hear the convict and to proceed to the necessary representations, not to consider the lack
justified, passes the prison to be fulfilled in continuous regime for as long as it is lacking,
passing on, to the effect, capturing warrants.
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5-The late presentations, with unsurplus delay to three hours, may be
considered justified by the director of the prison establishment, heard the convict.
Chapter III
Security measure of internment and internment of imputable holder of
psypical anomaly
Article 126.
General principles
1-A The execution of the deprivative measure of the freedom applied to the unputable or the attributable
internship, by judicial decision, in establishment intended for inimitable orients
for the rehabilitation of the internship and its reinsertion in the family and social mild, preventing the
Practice of other criminal facts and serving the defence of society.
2-The measures referred to in the preceding paragraph and the preventive internment are implemented
preferably in a non-prison mental health unit, and, whenever warranted,
in prison establishments or specially vocated units, taking into account the
determined in the judicial decision and the criteria set out in Article 20, with the necessary
adaptations.
3-A decision to allocate the establishment or prison unit especially
vocationally, pursuant to the preceding paragraph, competes with the Director-General of the Services
Prisons and is communicated to the Court of Execution of the Penas.
4-A execution of deprivative measure of the freedom applied to the unputable or the attributable
internship in establishment intended for inimitable, as well as of internment
preventative, comply with the provisions of this Code, with the adaptations justified by the
different nature and purposes of these measures and with the specifications set out in this
Chapter, and in the General Regulation.
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5-When the execution decorates in non-prison mental health unit, obeys the
provisions of this Code, with the adaptations that come to be fixed by diploma
own.
Article 127.
Regimes of implementation
1-The implementing regimes provided for in this Code apply, with the necessary
adaptations, to the inimitable and to the imputable inpatient in establishment intended for
inimitable.
2-A The choice and amendment of the enforcement regime are carried out under medical guidance.
Article 128.
Therapeutic and rehabilitation plan
1-In the case of application of deprivative security measure of freedom or internment
of imputable in establishment intended for inimitable, is mandatory to be drawn up
therapeutic and rehabilitation plan, structured in function of the needs, aptitudes
individual and risk assessment.
2-The therapeutic and rehabilitation plan of the internist:
a) Respect for their individuality and dignity;
b) Promoting your involvement and that of your relatives;
c) Understand occupational activities and individual or group therapies;
d) Privilegy their integration into rehabilitation programmes and, whenever the personal situation
and rules allow it, in community structures;
e) Creates the necessary conditions for the continuity of treatment after release.
3-The plan is drawn up with the participation of experts in mental health, being
referred to the Court of Enforcement of the Penas for approval.
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4-In the drafting of the plan must seek to obtain the participation and adherence of the internship,
save if your state of health makes participation useless or unviable.
5-The plan is periodically assessed and updated, depending on the needs of
treatment of the internship and its conditions of family and social insertion.
6-To the inimitable and to the imputable inpatient in establishment intended for the inimitable
the provisions of the provisions of points shall apply a) a d) of paragraph 1, and in paragraphs 2 and 3 of Article 5 of the Law n.
36/98, of July 24.
Article 129.
Individual process
1-In the individual process of the internship are integrated the communications received from the
Court and registered the elements to this provided, as well as the evaluation reports
periodical of the effects of treatment on the dangerousness of the admitted internship.
2-Anually and whenever the conditions warrant it or the Court of Enforcement of the
Feathers to request, the director of the establishment refers to the process organized in that
Tribunal the periodic evaluation report.
Article 130.
Output licenses
1-If there is no injury to the therapeutic purposes, they may be granted to the
internship the exit permits provided for in this Code, verified the respective
assumptions, under medical guidance.
2-During the minimum period of internship applied in accordance with Article 91 (2)
of the Criminal Code, only jurisdictional outputs compatible with the Criminal Code can be granted
therapeutic and rehabilitation plan.
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Article 131.
Special means of security
The application of special means of safety with respect to the unputable or the attributable
internship in establishment intended for inimitable is ordered by the Director, under
proposal and guidance from the doctor, unless it is a situation of imminent danger.
Article 132.
Complaint, petition, complaint, exhibition and impugning
1-The unputable and the imputable inpatient in establishment intended for the inimitable
are aided in the exercise of their rights of complaint, petition, complaint and exhibition.
2-The unputable and the imputable inpatient in establishment intended for the inimitable
are assisted by counsel, constituted or appointed, in the exercise of the right of
challenge provided for in Article 114.
Book II
Of the case before the Court of Enforcement of the Penas
Title I
General provisions
Article 133.
Jurisdictionalization of execution
It is incumbent on judicial courts to administer criminal justice in respect of the execution of the
feathers and deprivative measures of liberty, under the law.
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Article 134.
Intervention by the Public Ministry
The Public Prosecutor's Office is to monitor and verify the legality of the execution of the penalties and
deprivative measures of liberty, pursuant to the respective Statute and the present Code.
Article 135.
Prison services
1-Prisonal services guarantee, under the law:
a) The execution of the penalties and custodial measures of freedom, according to the respective
purposes; and
b) The order, security and discipline in the prison establishments.
2-Prisonal services carry out the communications provided for in Book I to the courts
competent and promote along these all legally foreseen representations.
Article 136.
Social reinsertion services
1-Social reinsertion services intervene in the execution of penalties and deprivative measures
of freedom by providing technical advice to the courts of execution of feathers and ensuring
the monitoring of probation and freedom for proof, in the terms
provided for in the law.
2-Social reinsertion services collaborate with prison services in the preparation of the
probation, promoting social reinsertion and criminal prevention.
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Title II
Courts of Enforcement of the Penas
Chapter I
Competence
Article 137.
Territorial competence
1-A The territorial competence of the Court of Enforcement of the Penas determines itself in function
of the location of the establishment to which the reclusive is found to be affected.
2-As to the accused or sentenced resident abroad, the Tribunal is competent
Execution of the Penas of Lisbon.
3-In the remaining cases, it is competent the Court of Enforcement of the Penas based in the area
of the residence of the accused or the convict.
4-If, by the effect of the rules that determine territorial competence, the process comes into being
passed to another Indeer Execution Court, the transmission is notified to the accused,
to his lawyer, to the court of conviction, to the social reinsertion services and, if the
argued to be deprived of liberty, to the Directorate-General for Prisonal Services and to the
directors of the prison establishments involved.
Article 138.
Material competence
1-Compete to the Court of Enforcement of the Penas to guarantee the rights of the inmates,
pronouncing on the legality of the decisions of prison services in the cases and terms
provided for in the law.
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2-After the traffic on trial of the sentence that determined the application of penalty or measure
deprivative liberty, it is incumbent upon the Court of Enforcement of the Penas to monitor and scrutinize
the respective implementation and decide on its modification, replacement and extinction, without prejudice to the
provisions of Article 371 of the Code of Criminal Procedure.
3-Compete still to the Court of Enforcement of the Penas to follow up and scrutinize the execution
of the arrest and the preventive internment, and the respective decisions shall be communicated
to the court to the order of which the accused complies with the coaction measure.
4-Without prejudice to other legal provisions, it is incumbent on the Enforcement Courts of the
Feathers, on the grounds of matter:
a) Homologising individual retrofit plans, as well as therapeutic and planning plans
rehabilitation of unputable and attributable psychic anomaly holder internship in
establishment intended for the inimitable, and the respective amendments;
b) Concede and revoke jurisdictional exit licences;
c) Concave and revoke parole, the adaptation to probation and the
freedom for proof;
d) Determine the execution of the expulsion incidental penalty, declaring extinction the penalty of
arrest, and determine the early execution of the expulsion incidental penalty;
e) Convocate the Technical Council, whenever it understands it necessary or when the law o
predict;
f) Decide to decide processes for challenging decisions of prison services;
g) Set the target to give to the retained correspondence;
h) Declaring lost and giving fate to the objects or values seized from the inmates;
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i) Decide on the modification of the execution of the prison sentence with respect to inmates
carriers of serious, evolutionary and irreversible disease or severe and permanent disability
or of advanced age, as well as the replacement or revocation of the respective
modalities;
(j) order the fulfillment of the prison on continuous regime in the event of an entry bankruptcy in the
prison establishment not considered justified on the part of the convict in prison
for free days or in a regime of semideation;
l) Resee and extend the security measure of internment of the inimitable;
m) To decide on the provision of work in favour of the community and on its revocation,
in the cases of successive implementation of security measure and custodial sentence of freedom;
n) Determinating the internment or suspension of the execution of the prison sentence by virtue of
psychic anomaly overcoming to the agent during the execution of the prison sentence and proceeding to the
your review;
o) Determine the fulfillment of the rest of the penalty or the continuation of the internment by the
same time, in the case of revocation of the provision of work in favour of the community or
of the probation of individual subject to successive execution of security measure
and of deprivation of liberty;
p) Declare the expiry of the changes to the normal penalty execution regime, in case of
simulation of psychic anomaly;
q) Declaring abiding the effective prison sentence that concretely would fit the crime
committed by convict in a relatively undetermined penalty, having been refused or
revoked the probation;
r) Declare extinct the actual prison sentence, the relatively undetermined penalty and the measure
of internment security;
(s) issue arrest, capture and release warrants;
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t) Inform the offending of the release or evasion of the reclusive, in the cases provided for in the
articles 23 and 97;
u) Instruct the process of granting and revocation of the pardon and proceeding to the respective
application;
v) Proclaim the statement of contumacy and enact the arrest of goods, as to the convict
that dolly if it has eximed, in whole or in part, to the execution of prison sentence or
of an internship measure;
x) Decide on the provisional cancellation of facts or decisions entered in the register
criminal;
z) Judging the appeal on the legality of the transcript in the certificates of the criminal record.
Chapter II
Incompetence and conflicts of competence
Article 139.
Declaration of incompetence and effects
1-A incompetence of the court is by this known and declared officiously and may be
deducted by the Public Prosecutor's Office and the convict until the transit of the decision that put
term the process.
2-Declared incompetence, the case is referred to the competent court, without
prejudice to the practice of urgent procedural acts.
Article 140.
Conflicts of competence
To the definition, denunciation and resolution of the conflict of competence apply, with the
necessary adaptations, the corresponding standards of the Code of Criminal Procedure.
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Chapter III
Prosecutor's Office
Article 141.
Competence
Without prejudice to other legal provisions, to the representative of the Public Prosecutor's Office to the
Court of Execution of the Penas competes:
a) Visit the prison establishments regularly and whenever necessary or
convenient for the exercise of the powers provided for in this Code;
b) Check the legality of the decisions of the prison services which, pursuant to the present
Code, should be compulsorily communicated to that effect and impugt those which
consider illegal;
(c) to appeal the decisions of the Court of Enforcement of the Penas, pursuant to the law;
d) Participate in the Technical Council;
(e) to boost the transfer, to the country of nationality or residence, of person
subject to the deprivative measure of liberty by Portuguese court, or follow up on
request;
f) Promoting provisional detention, active extradition and the delivery of person against whom
there is proceedings pending in the Court of Enforcement of the Penas;
g) Diligenciate, together with the competent court, for the promotion of the achievement of the height
legal feathers, as soon as, in any form, take notice of the verification of the
respective assumptions;
h) Promote the discount, in the fulfillment of the penalty, of the time when the reclusive walked on
freedom, in the hypothesis of revocation of administrative or jurisdictional leave of absence;
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i) In case of successive execution of feathers, proceed to the respective puff, for purposes
of the granting of probation;
j) In the event of revoking leave or parole leave, calculate the dates
for the term of sentence and, in the cases of probation of probation, for the
effects provided for in Articles 61 and 62 of the Criminal Code and subject the vomit to the
approval of the judge;
l) Give advice on the granting of the pardon and promote the respective revocation;
m) Suscite the resolution of the conflict of competence;
(n) to implement the execution at the expense;
(o) to institute the procedures, promote and carry out the remaining representations provided in the
present Code.
Title III
Technical Council
Article 142.
Competence
1. The Technical Council shall be an auxiliary body of the Court of Enforcement of the Penas with
advisory functions.
2. To the Technical Council shall compete, specifically:
(a) Issuing opinion on the granting of probation, freedom for proof and of
jurisdictional exit licences and on the conditions to which they are to be subject;
b) Give advice on the subjects which, under the law, are subjected to their assessment
by the judge of the Court of Enforcement of the Penas.
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Article 143.
Presidency and composition
1-The Technical Council shall be chaired by the judge of the Court of Enforcement of the Penas with
jurisdiction over the area of location of the prison establishment and in it may participate in the
representative of the Public Prosecutor's Office to the same Court .
2-When participating in the Technical Council, the representative of the Public Prosecutor's Office may
to intervene to request the provision of clarifications or the obtaining of elements that
understand necessary for the exercise of your competences.
3-Are members of the Technical Council the director of the prison establishment, which has
vote of quality, the responsible for the area of the penitentiary treatment, the head of the
monitoring and security service and the responsible of the competent team of the services of
social reinsertion.
4-The judge of the Court of Enforcement of the Penas may call to participate in the meeting of the
Technical Council any employee, without the right to vote, if it is deemed useful to his
collaboration for the subjects under discussion.
5-The Technical Council meets in the prison establishment.
Title IV
Process
Chapter I
General provisions
Article 144.
Individual nature of the process
1-The process at the Court of Execution of the Penas has individual nature.
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2-When the procedure is based on the communication referred to in Article 477 of the
Code of Criminal Procedure and the sentence covers several defendants, extract themselves,
officiously, so many certificates as many as the defendants.
Article 145.
Unique character of the process
1-In the Court of Enforcement of the Penas is organized, in respect of each individual, a
only process.
2-Constituents are in main the autos that give rise to the opening of the process.
3-Are auctioned and run by apenso to the main autos all the other processes and
incidents.
4-In the eventuality of the autos to which the two preceding paragraphs are referred to if
they find already finishes, are requisitioned to the file, albeit from another court, following-
if the provisions of the preceding paragraph, unless they refer to facts already cancelled from the Registry
criminal.
Article 146.
Statement of reasons for acts and publicity of the proceedings
1-The decision-making of the judge of execution of the penalties shall always be substantiated, owing
be specified the grounds of fact and law of the decision.
2-The process at the Court of Execution of the Penas is, from its inception, accessible to the
subjects who intervene in it, getting these, however, bound to the secret of justice.
3-Relatively to other entities, not judicial, the process becomes public from the
hearing of the accused or convicted, if there is any place.
4-If there is no place to the said hearing, the process is public after it has been handed down
decision in the first instance.
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5-A publicity of the process always respects the data relating to the reservation of private life
of the accused or convicted, even if they constitute means of proof, preserves their process
of social reinsertion and the dignity, the good name and the reputation of the victim.
6-A The consultation of the self, the obtaining of copies, extracts and the certificates of parts of it and the
reproduction, by the media, of procedural parts or documents
embedded in the process depend on an application addressed to the judge with an indication of the
purposes to which they are intended and are limited to the strictly indispensable and appropriate to the realization
of the purpose in question.
7-Constituency crime of simple disobedience the use of the consultation of the process or of the
copies, extracts or certificates for various purposes of those expressly stated in the terms
of the previous number.
Article 147.
Intervention by lawyer
1-Advocate intervention in the general terms of law is permitted.
2-It is mandatory to assist lawyer in the cases specially provided for in the law or
when they are in question questions of law.
Article 148.
Rejection and improvement
Received the initial application, the judge of the Court of Enforcement of the Penas, heard the
Prosecutor's Office, may:
a) Reject it, if manifestly unfounded or when it contains pretension already before rejected
and based on the same elements;
(b) Invite to further improvement.
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Article 149.
Communications, convocations and notifications
They are correspondingly applicable to the proceedings in the Court of Execution of the Penas as
provisions of the Code of Criminal Procedure relating to the communication of procedural acts,
convocations and notifications.
Article 150.
Use of informatics
1-A The proceedings are carried out electronically in terms to be defined by
would pore from the member of the Government responsible for the area of justice, the provisions of
procedurals relating to acts of the magistrates and the secretaries to be the subject of the adaptations
practices that prove necessary.
2-A The porterie referred to in the preceding paragraph regulates, in particular:
a) the submission of procedural parts and documents;
b) The distribution of processes;
c) the practice, necessarily by electronic means, of the procedural acts of the
magistrates and officials;
d) The acts, parts, autos and terms of the proceedings which may not appear in the proceedings in
physical support;
e) The communication with the prison and social reinsertion services.
Article 151.
Urgent processes
1-Run on holiday the procedures for granting adaptation to probation, from
probation and freedom for proof, of modification of the execution of the penalty of
arrest on the grounds of serious, evolutionary and irreversible illness, of verification of legality and of
challenge of decisions of prison services with suspensive effect .
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2-Are also considered urgent and run on holiday the processes the delay of which may
cause injury, when the judge, officiously or the application, thus decides to
reasoned dispatch.
Article 152.
Deadlines
1-Unless lawful provision to the contrary, is 10 days the deadline for the practice of any act
procedural.
2-The counting of deadlines for the practice of procedural acts shall apply to the provisions
of the law of the civil procedure.
Article 153.
Costs
1-Without prejudice to the provisions of the law in matters of judicial support, in the proceedings that
run terms by the Court of Enforcement of the Penas are due cost, in compliance
with the Regulation of Procedural Costs.
2-The process of indulging is not subject to the payment of any costs.
3-A The settlement of the costs is carried out at the end by the proceedings section, within five
days.
4-In case of appeal, the settlement is carried out after the transit on trial of the final decision,
in the Court of Enforcement of the Penas that it has decided in 1 th instance.
5-About the amounts counted or settled focus on late payment interest from the deadline
established in the law for the respective payment.
6-In all that is not provided for in the preceding paragraphs is applicable
subsidiary to the provisions of the Rules of Procedural Costs.
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Article 154.
Subsidiary law
Where the contrary does not result from the present law, they are correspondingly applicable to
provisions of the Code of Criminal Procedure.
Chapter II
Forms of process
Article 155.
Forms of process
1-In addition to those provided for by avulsa law, there are the following forms of proceedings:
internment, type-approval, probation, jurisdictional leave of absence,
verification of legality, impugation, modification of the execution of the prison sentence, pardon
and provisional cancellation of the criminal record.
2-A all cases to which it does not correspond to a form of process referred to in the number
previous apply the supptive process.
Chapter III
Internment
Section I
Internment previously enacted
Article 156.
Start of the process
1-Saved in the cases provided for in Subsection II of this Section, the case in the Court
of Execution of the Penas starts with the autuation of certigive:
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a) Of the sentence stating the inimitability, determine the internment of the accused and fixe
the maximum period and, where appropriate, the minimum period of duration of this;
b) Of the sentencing sentence that determines the internment of defendants attributable in
establishment intended for inimitable by the time corresponding to the duration of the penalty;
c) Of the decision to revoke the suspension of the internment measure and determine the
respective execution.
2-In the case of the accused finding himself deprived of liberty, the certificate referred to in the number
previous should make mention of your location.
3-A initiation of the case is, regardless of dispatch, notified to the accused,
communicated to the court of condemnation and social reinsertion services and, by checking in
the hypothesis provided for in the preceding paragraph, also to the Directorate-General for Prisonal Services and
to the director of the establishment to which the convict is affection.
Article 157.
Defender
1-When the convict has no defender constituted, the court requests the Order of the
Attorneys the appointment of defender.
2-The appointment of the defender and his replacement apply the rules on protection
legal and to the judicial patronage in criminal proceedings.
Article 158.
Mandatory review
1-A The mandatory review of the internship situation takes place on the defined terms and deadlines
in the Criminal Code.
2-For the purpose, the judge, up to two months prior to the calculated date for the review, officiously
or the application from the Public Prosecutor's Office, the internship or its defender:
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a) Ordena, depending on the cases, the carrying out of psychiatric expertise or on the personality
and fixed deadline for the submission of the respective report, which must also contain judgment
on the capacity of the internship to provide statements;
b) Determine the realisation of the remaining representations that are afflicted with interest to the
decision.
3-With the minimum advance stipulated in the previous number:
a) Social reinsertion services send report containing the analysis of the framework
socio-family and professional of the internship and the assessment of your perspectives and needs
of social reinsertion;
b) The establishment refers assessment report on clinical developments and
behavioral internship.
4-The judge listens to the internship, if for such this is deemed capable, by making extracts in
auto your statements.
5-Are notified of the dispatch that designates date for the hearing the Public Prosecutor's Office and the
defender, who may be present.
Article 159.
Review the application
1-If it is invoked the existence of cause justifying the cessation of the internment, the
court appreciates the issue at all time.
2-Have legitimacy to apply for the in-patient review, your legal representative, the
Prosecutor's Office and the director of the establishment to which the one may find affection.
3-Are correspondingly applicable the points a) and b) of paragraph 2 and paragraphs 4 and 5 of the article
previous, and may still request the Tribunal to request the reports referred to in paragraph 3 of the same
precept.
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Article 160.
Allegations and view to the Prosecutor's Office
Before the decision is handed down, the defender is notified to, in 5 days, claim what he has
for convenient, after which are the continuing autos with a view to the Public Prosecutor's Office
to, at the same deadline, issue opinion.
Article 161.
Decision
The decision is:
a) notified to the Public Prosecutor's Office, to the internship, to the respective representative or defender and
to your legal representative, if you have been the one to apply for the review;
b) Communicated to the court of the conviction, to the director of the establishment where the
internship meet, to the Directorate General of Prisonal Services and to the services of
social reinsertion.
Article 162.
Extension of the internment
The provisions of Article 158 shall be correspondingly applicable to the decision on the extension
of the internment, pursuant to Art. 92 (3) of the Criminal Code.
Article 163.
Enforcement and non-compliance with freedom for proof
To the execution and non-compliance of the freedom for proof are correspondingly applicable
the corresponding standards set for parole, being heard
obligatorily the defender.
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Section II
Internship determined by the Court of Enforcement of the Penas
Article 164.
Other cases of application of the case
1-The internship process is also applicable:
a) To the situations of psychic abnormality manifested during the execution of the custodianship penalty of the
freedom, in the cases provided for in Article 104 (1), in Article 105 (1) and in paragraph 1 of the
article 106 of the Criminal Code;
b) To the decision referred to in the final part of paragraph 6 of the art. 99. of the Criminal Code.
2-The internship process is still applicable, dealing with a relatively penalty
undetermined, from the moment it is showed to be abiding by concretely
would be fit for the crime committed, having been refused or revoked the probation, in the
terms of Article 90 (3) of the Criminal Code.
Article 165.
Start of the process
1-In the case provided for in paragraph a) of paragraph 1 of the previous article, the process starts with the
application of the convict or his or her legal representative, the Public Prosecutor's Office or the
director of the prison establishment to which the one is affection.
2-The application is reasoned, and soon the applicant shall provide all the evidence
and indicate the remaining means of proof to be produced.
3-In the case provided for in paragraph b) of paragraph 1 of the previous article, the proceedings commencement with the
sentence autuation of the sentence that revokes the provision of work in favour of the
community or parole.
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4-In the hypothesis provided for in paragraph 2 of the previous article, the process begins with the autuation of
certificate of the decision which, having not been granted or having been revoked the freedom
probation, declare fulfilled the penalty that concretely would fit the convict in penalty
relatively undetermined.
5-It is correspondingly applicable to the provisions of Article 156 (3)
Article 166.
Instruction
1-Received the application or autufied the certificate, the judge declares open the instruction,
ordering:
a) When it is the case, the realization of psychiatric expertise or about the personality and
assessment of the ability of the agent to provide statements;
b) To the services of social reinsertion, the elaboration of report containing analysis of the
socio-familiar and professional framing of the convict and the evaluation of his
prospects and needs for social reinsertion;
c) Officially or the requirement, the fulfillability of other necessary representations to the decision.
2-In the same order, the judge sets the deadlines in which the time is to be submitted
documents and reports and carried out the representations referred to in the preceding paragraph.
3-Applied, with the necessary adaptations, the provisions of Article 159 and paragraphs 4 and 5 of the
article 158 para.
Article 167.
Subsequent tramping
1-Proinjured the dispatch that declares closed the instruction, is the notified defender for,
in 5 days, claim what you have for convenient, after which are the continuing autos with
views to the Public Prosecutor's Office to, at the same deadline, issue opinion.
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2-The notification and communication of the decision applies to the provisions of Article 161.
Article 168.
Remission
1-It is correspondingly applicable to the precept in the previous Subsection as to the revision,
obligatory and the requirement, from the situation of the internship.
2-In cases referred to in paragraph b), of paragraph 1, and in Article 164 (2), it shall also apply
provisions of Article 163, relating to the execution and non-compliance of liberty for proof.
Section III
Common provisions
Article 169.
Replacement of prison for provision of work in favour of the community
1-In the cases provided for in Article 99, in Article 105 (3) and in Article 106 (3) of the Article
Penal code, the requirement for the replacement of jail time for the provision of
work in favour of the community is presented up to two months before the calculated date for the
mandatory review or in the review application, and the convict shall state his / her
literary and professional qualifications, their professional and family situation and, if possible, the
entity in which it intends to provide work.
2-The court may request supplementary information to the social reinsertion services,
particularly about the place and time of work.
3-The Public Prosecutor's Office issues opinion in the autos themselves.
4-A The replacement decision indicates, in particular, the number of hours of work and
respective time and the entity to whom it is provided, being:
a) notified to the reclusive and the Public Prosecutor's Office;
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b) Announcements to the social reinsertion services and to the entity to whom the work should be
provided.
Article 170.
Revocation of the provision of work in favour of the community
To non-compliance with the provision of work in favour of the community is
correspondingly applicable the willing as to the incident of default of the
probation, being heard obligatorily the defender.
Article 171.
Features and their effect
1-It is up to the decision to determine, recuse, maintain or extend the internment
and of the one decreeing the respective cessation.
2-Are also recurrable the decisions to replace the prison sentence still do not
fulfilled by provision of work in favour of the community and the revocation of this.
3-Are still recurrable the decisions of granting, refusal or revocation of freedom to
proof.
4-Have suspensive effect the interposed appeals of the decision that:
a) Determine the internment;
b) Replace the jail term not yet complied with for provision of work in favour of the
community or to revoke this;
c) Revogue the freedom for proof.
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Chapter IV
Homologation of plans
Article 172.
Tramway
1-Received and aubed the individual readaptation plan or the therapeutic plan and
rehabilitation, the secretarship, regardless of dispatch, opens view to the Public Prosecutor's Office
for it to be pronounced.
2-Then go the conclusive autos to the judge, which dispatches in the sense of:
a) Homologate the plan;
b) Do not approve the plan, stating the reasons for its decision.
3-The approval dispatch is notified to the Public Prosecutor's Office and the reclusive and
communicated, accompanied by full certificate of the homologated plan, to the respective
establishment and the services of social reinsertion.
4-In the case of non-homologation, the dispatch is notified to the Public Prosecutor's Office and
communicated to the establishment so that, within 15 days and with observance of the
legally required formalities, if you proceed to the revamping of the plan.
5-The homologation of the plan changes applies to the provisions of the preceding paragraphs.
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Chapter V
Probation
Section I
Concession
Article 173.
Instruction
1-Until ninety days before the permissible date for the granting of probation, the
judge requests:
a) Report of the prison services containing assessment of the evolution of the personality of the
reclusive during the execution of the penalty, of the skills acquired in that period, of its
prison behaviour and its relation to the crime committed;
b) Report of social reinsertion services containing assessment of needs
remaining social reinsertion, from the perspectives of family framing, social and
professional of the reclusive and the conditions to which he / she must be subject to the granting of freedom
probation, considering yet, for this purpose, the need for victim protection;
c) Officially or the requirement of the Public Prosecutor's Office or the convict, others
elements that affix themselves relevant to the decision, setting deadline for the purpose.
2-A instruction shall be completed up to sixty days before the permissible date for the
granting of probation.
Article 174.
Subsequent tramping
1-Closed the instruction, the judge, by dispatch, convene the Technical Council for one of the
twenty following days and designates time for the reclusive hearing, to which it takes place in act
followed by the meeting of that body.
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2-The dispatch is notified to the Public Prosecutor's Office, to the reclusive, to the defender, when the
have, and communicated to the prison establishment and to the social reinsertion services.
Article 175.
Technical Council
1-The members of the Technical Council shall provide the clarifications to them
requested, specifically as to the reports that the respective services hajam
produced.
2-The Technical Council issues opinion, ascertained through the vote of each of its
members, as to the granting of the probation and the conditions to which it is to
be subject.
3-If it considers it appropriate, with a view to the possible subordination of liberty
probation the proof regime, the judge asks for the social reinsertion services to be drawn up,
within fifteen days, of the social reinsertion plan.
4-From the meeting of the Technical Council is washed minutes.
Article 176.
Hearing of the reclusive
1-The judge questions the reclusive on all aspects that it considers pertinent to the
decision in question, including your consent to the application of the probation,
after which gives the floor to the Public Prosecutor's Office and the defender, should they be present, the
which may require the judge to formulate the questions that they understand relevant.
2-The reclusive can offer the evidence that judges convenient.
3-The judge decides, by unappealed dispatch, on the relevance of the questions and the admission
of the evidence.
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4-Case perspective as necessary the subjection of the reclusive to medical treatment or cure
in appropriate institution, the judge collecs, since soon, his consent.
5-A hearing of the reclusive is reduced to self.
Article 177.
Opinion of the Public Prosecutor and Decision
1-The Public Prosecutor's Office, in the five days following the reclusive hearing, issues, on the own
autos, opinion as to the granting of the probation and the conditions to which this must
be subject.
2-When granting the probation, the judge:
a) Determines the date of your term;
b) Determines the date on which they meet the five years, in the case and for the anticipated effects
in Article 61 (5) and in Article 90 (2) of the Criminal Code;
c) Fixed the conditions to which the same is subject; and
d) Approves the social reinsertion plan, if impuser regime of proof.
3-A The judge's decision is notified to the reclusive, the defender and the Public Prosecutor's Office and, after
traffic on trial, communicated to prison and social reinsertion services and, in the event of
concession, to the remaining services or entities that should intervene in the execution of freedom
probation and criminal identification services, through bulletin of the criminal record.
Article 178.
Suspension of the decision
The judge may suspend the decision, for a period not exceeding three months, with a view to
the verification of certain circumstances or conditions or the drafting and approval of the
social reinsertion plan.
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Article 179.
Feature
1-The appeal is limited to the issue of the granting or refusal of parole.
2-Have legitimacy to appeal to the Public Prosecutor's Office and the reclusive, this only as to the
decision to refuse parole.
3-The appeal of the concession decision has suspensive effect when the opinions of the
Technical Council and the Public Prosecutor's Office to have been opposed to the granting of freedom
probation and is of an urgent nature under Rule 151 para.
Article 180.
Renewal of the instance
1 - Without prejudice to the provisions of Article 61 of the Criminal Code, in cases where freedom
probation has not been granted and the arrest there is to continue for more than one year, the
instance renews itself from twelve in twelve months, from the date on which it was handed down to
previous decision.
2-Treating relatively undetermined punishment, until it is shown to be compliments that
concretely would be fit for the crime committed, the instance refurbates:
a ) Elapsed one year on the non-granting of probation;
b ) Decorations two years on the beginning of the continuation of the sentence when the
probation is revoked. If probation is not granted, the
renova instance has elapsed every subsequent period of one year.
3-They shall apply to the renewal of the instance, with due adaptations, the rules laid down
in the previous articles.
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Article 181.
Special deadlines
If the sentencing sentence transits on trial after the 90. the day before the admissible date
for the granting of the probation:
a) The deadline for the completion of the instruction shall be thirty days from the receipt of the
elements referred to in Article 477 of the Code of Criminal Procedure;
(b) The deadlines set out in Article 174 (1), Article 175 (3) and 1 (1) of the article
177. are reduced to half.
Article 182.
Replacement of probation for the execution of the expulsion penalty
1-Having been applied for incidental punishment of expulsion, the Court of Execution of the Penas
orders its execution as soon as two thirds of the prison sentence is met.
2-The Court of Enforcement of the Penas may decide the anticipation of the execution of the penalty
expulsion accessory, in substitution of the granting of probation, as soon as
judge filled out the assumptions of this one.
3-For the purposes of the provisions of the preceding paragraph, the trames provided for in the
this Subsection, and the consent of the reclusion shall cover the replacement of the
possible granting of the probation for the execution of the expulsion incidental penalty.
4-A The decision determining the execution of the expulsion penalty is notified to the entities
referred to in Article 177 (3) and still to the Office of Foreign and Border.
5-The interposed appeal of the decision enacting the execution of the expulsion incidental penalty
has suspensive effect and is of an urgent nature under Rule 151.
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Section II
Execution and non-compliance
Article 183.
Reports of execution
The social reinsertion services and the other services or entities that should intervene in the
execution of the probation, for support and surveillance of compliance with the rules of
conduct fixed, refer to the court reports with the periodicity or on the deadline by this
fixed.
Article 184.
Communication of non-compliance
1-Failure to comply with the social reinsertion plan or the rules of conduct imposed is
immediately communicated to the Court of Enforcement of the Penas for the services of
social reinsertion and by the remaining services or entities intervening in the execution of the
probation.
2-A conviction for a crime committed during the probation period is
immediately communicated to the Court of Enforcement of the Penas, sending him remitted copy
of the sentencing decision.
Article 185.
Incident of default
1-The non-compliance incident starts with the communication autuation referred to in the
previous article.
2-The court notifies the opening of the incident to the Public Prosecutor's Office, to the services of
social reinsertion and the remaining services or entities intervening in the execution of the
probation, to the convict and his defender, with an indication of the facts in question and
of the date and place designated for the hearing, which takes place in one of the ten later days.
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3-To the hearing referred to in the preceding paragraph apply, with the necessary adaptations, the
rules provided for the hearing of reclusion in the process of granting freedom
probation.
4-A unjustified lack of the convict is worth as effective hearing for all the effects
legal.
5-After the hearing, the judge orders the complementary representations that repute necessary,
specifically with the services of social reinsertion and the other services or entities
who intervene in the execution of probation.
6-The Public Prosecutor's Office issues opinion in the autos itself as to the consequences of the
default.
7-A The judge's decision is notified to the reclusive, the defender and the Public Prosecutor's Office and, after
traffic on trial, communicated to prison services and social reinsertion, to the rest
services or entities that were intervening in the execution of probation and, in
case of revocation, to criminal identification services, through the registration bulletin
criminal.
8-In the event of a revocation, the Public Prosecutor's Office with the Court of Enforcement of the Penas
carries out the vomit of the prison sentence that comes to be met, for the purposes of paragraph 3 of the
article 64 of the Criminal Code, being the vomit, after it has been approved by the judge,
communicated to the convict.
Article 186.
Feature
1-Can appeal the convict and the Public Prosecutor's Office.
2-The appeal is limited to the issue of revocation or non-revocation of probation.
3-In the event of a revocation, the appeal has suspensive effect and is of urgent nature, in the
terms of Article 151.
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Article 187.
Extinction of punishment
After the term of probation, the judge declares extinct the penalty if there are no grounds
that may lead to their revocation, by applying correspondingly to Article 2 (2)
57. of the Criminal Code.
Section III
Period of adaptation to probation
Article 188.
Adaptation to probation
1-The convict may apply to the Court of Enforcement of the Penas for the granting of
adaptation to probation in regime of permanence in housing with supervision
by technical means of distance control, starting from two months before the maximum period
provided for this purpose in Article 62 of the Criminal Code.
2-The application is filed in the prison establishment and contains indication on the
place where the reclusive intends to reside and declaration of consent of the people who there
reside.
3-The Director referred to the Court of Execution of the Penas, within eight days, the
application accompanied by biographical note.
4-In the event of non-rejection, the judge requests that they be drawn up, in thirty days:
a) Report of the prison services containing assessment of the evolution of the personality of the
reclusive during the execution of the penalty, of the skills acquired in that period, of its
prison behaviour and its relation to the crime committed;
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b) Report of the social reinsertion services containing information relating to the existence of the
legally required conditions for staying in the dwelling with supervision by means
distance control technicians and evaluation of the remaining reinsertion needs
social, the perspectives of family background, social and professional of the reclusive, of the
conditions to which it must be subject to anticipation of parole, pondering
still, for this purpose, the need for protection of the victim.
5-The judge may request other elements that it considers relevant, determining a
deadline for your presentation.
6-Are applicable to the subsequent springboard Articles 174 to 178 and 178 b) of the article
181.
7-A implementation of the adaptation to probation in regime of permanence in the
housing, with supervision by technical means of remote control, is carried out of
accordance with Articles 183 to 186 and in the remaining terms provided for in the Act, and the
social reinsertion services:
(a) immediately after the release of the reclusive, proceed to the installation of the technical means of
distance control, communicating it to the Court of Execution of the Penas;
b) In the end of the period of adjustment to probation, remove the technical means of
distance control, communicating it to the Court Execution Court.
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Chapter VI
Jurisdictional exit license
Section I
Concession
Article 189.
Presentation and instruction of the application
1-A The grant of jurisdictional leave is required by the reclusive.
2-The application is addressed to the judge of the Court of Enforcement of the Enas Territorially
competent and presented at the registry of the respective prison establishment, against
receipt.
3-Registered the application, refer to the Court of Execution of the Penas, instructed
with the following elements:
a) disciplinary Register;
b) Information on the regime of execution of the penalty or deprivative measure of liberty, date
of the beginning of the deprivation of liberty, pending proceedings, if any, measures of coating
imposed and eventual evasion.
Article 190.
Subsequent tramping
1-Autuated the process, it is conclusive to the judge, that, not being a case of injunction injunction,
designates day and time for the Technical Council meeting.
2-The judge indefencely the application when the elements instrucing the
process results in non-verification of the requirements set out in Article 79.
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3-The dispatch is notified to the Public Prosecutor's Office and communicated to the establishment
prison and the services of social reinsertion.
Article 191.
Technical Council
1-The Technical Council issues opinion, ascertained through the vote of each of its
members, as to the granting of the jurisdictional exit permit and the conditions to which the
same must be subject.
2-Whenever he / she understands it necessary, the judge interrupts the meeting of the Technical Council and
carries out the hearing of the reclusive, in the presence of the Public Prosecutor's Office.
3-From the meeting of the Technical Council is washed minutes, from which the statements are listed in the statements
of the reclusive.
Article 192.
Decision
1-The Public Prosecutor's Office, wanting, issues opinion, after which the judge professes dictated decision
for the minutes.
2-When granting the jurisdictional leave of absence, the judge sets out its duration and conditions.
3-When it does not grant it, it may the judge, substantially, set a deadline of the
provided for in the Act for the renewal of the application.
4-A The decision is notified to the Public Prosecutor's Office and, in the terms of the following article, to the
reclusive and still communicated to the services of social reinsertion and too many services or entities
that should follow up with the fulfilment of the conditions eventually imposed.
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Article 193.
Exit warrant and certificate
The prison establishment official who complies with the outgoing warrant delivers to the
reclusion a duplicate of the warrant and a copy of the decision and informs you of the conditions of the
concession and the penalties to which it becomes subject in the event of default, of everything washing
certificate.
Section II
Default
Article 194.
Communication of non-compliance
Failure to comply with any of the conditions imposed in the granting of leave of absence
jurisdictional is immediately communicated to the Court of Enforcement of the Penas by the Director
of the prison establishment and by any other entities or services that should
follow up with his execution.
Article 195.
Incident of default
1-The incident of default begins with the autuation of the communication referred to in the
previous number and, if it is founded on the non-return of the reclusive to the establishment
prison within the given time frame, the judge orders, right away, the warrant passage
of capture.
2-It is correspondingly applicable to the provisions of paragraphs 2 a to 6 of Article 185.
3-A The judge's decision is notified to the reclusive, the defender and the Public Prosecutor's Office and, after
traffic on trial, communicated to prison and social reinsertion services.
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4-In the event of a revocation, the Public Prosecutor's Office with the Court of Enforcement of the Penas
carries out the vomit of the prison sentence that comes to be fulfilled, indicating the calculated dates
for the term of the penalty and for the purposes set out in Articles 61 and 62 of the Criminal Code,
being the puke, after homologated by the judge, communicated to the convict.
Section III
Resources
Article 196.
Feature
1-The prosecutor's office may appeal the decision it grants, recuse or revoke the
jurisdictional exit license.
2-The reclusion can only appeal the decision to revoke the jurisdictional leave of absence.
3-The interposed appeal of the decision granting or revoking the jurisdictional leave of absence
has suspensive effect.
Chapter VII
Verification of legality
Article 197.
Subject
The process of verification of legality has the object of the assessment, by the Ministry
Public, of the legality of the decisions of prison services which, in the terms of the present
Code, they should be compulsorily communicated for this purpose.
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Article 198.
Communication of decisions
Prison services communicate to the Public Prosecutor's Office immediately, without exceeding 24
hours, the decisions subject to verification of legality, accompanied by the elements which
served as the basis of the decision.
Article 199.
Tramway
Received the communication, the Public Prosecutor's Office:
a) Profere preliminary injunction of filing, when it concludes by the lawfulness of the decision;
or
b) Impugna, in the autos itself, the decision, requiring the respective cancellation.
Chapter VIII
Impugation
Section I
General principles and tramway
Article 200.
Impugability
The decisions of prison services are challenging, in the cases provided for in the present
Code, before the Court of Enforcement of the Penas.
Article 201.
Object of the procedure
1-The subject matter of the case shall be determined by reference to the contested decision and may
conduct:
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a) To the cancellation of an impugned decision by the Public Prosecutor's Office following the process of
verification of legality;
b) To the amendment or cancellation of an impugned decision by the reclusive, in the remaining cases.
2-Without prejudice to the principle of the adversarial, the Court of Enforcement of the Penas shall
pronounce on all causes of invalidity of the decision, whether or not expressly
invoked .
Article 202.
Effect of the imputation
1-Unless the present Code possesses differently, the imputation does not have
suspensive effect.
2-The impurities with suspensive effect are of urgent nature, they are tramped
immediately and with preference over any other diligence.
Article 203.
Deadline and form
1-It is eight days the deadline for the challenge, to be counted from the communication or the notification
of the decision, save if it is to challenge disciplinary decision-making, in which case the deadline
goes on to be five days.
2-A The contest does not comply with special formalities, but must contain supmules of the
reasons of fact or law that substantiate the application and be remailed by completion, in the
which the impugant identifies concisely to his claim.
3-Versando matter of fact, the impugent indicates, in the final, the means of proof that
intends to see produced.
4-Versing matter of law, the impurient shall specify, in the conclusion, the standards
legal persons who understand have been violated by the decision.
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Article 204.
Order liminal
1-Received the challenge, the judge dispatches, within five days, in the sense of the
reject, when inadmissible or manifestly unintendant, or to admit it.
2-The judge may invite the contest to improve it, notably when it is
omissa, deficient, obscure or when it is unintelligible to complete.
Article 205.
Instruction
1-Admitting the impugation, the judge notifies the author of the contested decision as well as the
Public prosecutor's office when it is not the impugent, for, wanting, to speak out, in the
period of five days.
2-Officially or the application, the judge determines the conduct of the evidence
that understand necessary.
3-In the case of challenging disciplinary decision-making, the registry office, regardless of
dispatch, requests, by the most exasked means, to the prison services the remittance of copy of the
disciplinary procedure and medical report, if any.
4-The judge indefere, by irrecurrable dispatch, the production of means of proof that if
afigate dilatory or no interest for the decision to be utchable.
Article 206.
Decision
1-Produced the proof, when it is there, the judge proffers decision, which is notified to the
Prosecutor's Office, the reclusive, the author of the contested act and the remaining entities that by
it may be affected.
2-If it comes to the challenge of disciplinary decision-making, the time limit for decision is five days.
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Article 207.
Revocation of the contested decision with retroactive effect
1-If, pending the proceedings or previously, without which, in this case, the Ministry
Public or the reclusive of this had or should have had knowledge:
a) For revoked, with retroactive effect, the contested decision and differently regulated to
situation; or
b) For, in any way, changed or substituted, in whole or in part, the decision
impugned by another with identical effects,
may the Public Prosecutor's Office or the reclusion require the process to proceed against the new
act, if they have it for illegal, and, if they so understand, claim new fundamentals and offer
different means of proof.
2-The application is filed at the time of challenge of the abrogatory act and before the
traffic on trial of the decision that judges extinguish the instance .
Article 208.
Revocation without retroactive effect or cessation of efficacy
1-If, pending the proceedings or previously, without which, in this case, the Ministry
Public or the reclusion of this had or should have had knowledge, is revoked, without
retroactive effects, the contested decision, the process proceeds in relation to the effects
produced.
2-The provisions of the preceding paragraph shall also apply to cases in which, by diversely
of the revocation, cesse or if it exhausts the production of effects of the contested decision.
3-If the cessation of effects of the impugned decision is accompanied by new regulation of the
situation, the Public Prosecutor's Office or the reclusive benefit from the faculty provided for in paragraph 1 of the
previous article.
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Article 209.
Obligation to execute the decision
1-The author of the impugned decision, depending on the cases:
a) Toma new decision, if so they require the circumstances of the case, within the maximum period of
5 days, respecting the fundamentals of cancellation;
b) Performs the sentence handed down by the Court of Enforcement of the Penas, on the term in it
fixed.
2-In any case, the author of the impugned decision shall reconstitute the situation which
would exist if the annulled decision had not been handed down, specifically by removing in the
plan of the facts the consequences for it produced.
Article 210.
Prohibition of reformatio in pejus
The court may not modify, in prejudice to the reclusive, the constant disciplinary measures
of the impugned decision, in its kind or measure.
Article 211.
Independence of judgements
The decision of the Court of Enforcement of the Penas as to the legality or illegality of the
resolution of prison services may not be affected in their effects by sentence
prowound in court of another order.
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Section II
Implementation of the sentences
Article 212.
Petition
1-When prison services do not carry out the sentence in the deadlines set out in the article
209., the impuriant may submit, in the subsequent 15 days, petition for execution in the
court that delivered it.
2-In the petition, the exequent specifies the acts and operations that should be carried out to
full execution of the sentence.
3-Failure to comply with the provisions of the preceding paragraph shall not lead to the rejection of the petition,
may the judge invite the exequent to the refinement, within 5 days.
Article 213.
Subsequent tramping
1-Accept the petition, the Registrar shall carry out the notification:
a) of the entity obliged to the execution, to respond within 8 days;
b) From the Public Prosecutor's Office, if it has not been him to submit the application petition.
2-Received the response or sold out the respective deadline, the judge orders the representations
instructors that you consider necessary, applying correspondingly to the provisions of the
article 205 and 4 of Article 205, after which I profess decision.
Article 214.
Decision
When adjudication of the author's claim, the court:
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a) Specifies the acts and operations to be carried out to give execution to the sentence; and
b) Fixed the deadline for the practice of the same.
Article 215.
Replacement in execution
If, the deadline referred to in the previous article, the requested entity has not given
execution of the sentence, the court, officiously or the application of the exequent, sends
to notify the holder of hierarchical or oversight powers over that entity
for that to perform the sentence on your replacement.
Chapter IX
Modification of the execution of the prison sentence of inmates with sickness
serious, evolutionary and irreversible or of severe and permanent disability or age
advanced
Article 216.
Legitimacy
They have legitimacy to apply for the modification of the execution of the prison sentence provided for in the
Title XVI of Book I:
a) The convict;
b) The spouse or the person, of another or of the same sex, with whom the convict holds
a relationship analogous to that of the spouses, or family;
c) The Public Prosecutor's Office, officiously or upon reasoned proposal,
particularly from the director of the prison establishment.
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Article 217.
Presentation and instruction of the application
1-The application is addressed to the judge of the Court of Execution of the Penas who, outside the
cases of presumed consent, provident by the immediate notification of the convict,
when you are not the applicant, to make your consent, applying
correspondingly the willing as to the consent to the probation.
2-Obtained the express consent or if there is yet to be proved the
presumed consent, the Court of Execution of the Penas promotes the instruction of the
process with the following elements, depending on whether they are reclusive with serious illness and
irreversible, with a disability or serious and permanent illness or advanced age:
a) Clinical opinion of the competent departments of the prison establishment, containing the
characterization, history and clinical prognosis of the irreversibility of the disease, of the phase in which if
finds and of the non-response to the available therapies, the indication of the follow-up
medical and psychological provided to the convict and the proper modality of modification of the
execution of the penalty;
b) Clinical opinion of the competent services of the prison establishment, containing the
characterization of the degree of disability or disease, its irreversibility, degree of autonomy
and of mobility, the indication of the medical and psychological accompaniment provided to the
doomed and the appropriate modality of modification of execution of the penalty; or
c) Certificate of birth and opinion clinical of the competent services of the establishment
prisional, containing the characterization of the degree of autonomy and mobility, the indication of the
medical and psychological follow-up provided to the convict and the proper modality
of modification of execution of the penalty.
3-In all cases the application is still instructed with:
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a) Report of the Director of the establishment relating to the fulfilment of the penalty and the situation
prison of the convict;
b) Report of the social reinsertion services containing evaluation of the framework
family and social of the convict and, on the basis of the opinion provided in the preceding paragraph,
of the concrete possibilities of internment or permanence in housing and the
compatibility of the modification of the execution of the penalty with the defense requirements of the order
and of social peace;
c) Doctor's opinion of the prison establishment as to the impossibility of the
doomed to know the assumptions of modification of the execution of the penalty or of whether
pronounce on them, whenever there is to be substantiate their presumed consent.
Article 218.
Subsequent tramping
1-Finda the instruction, the process is continued with a view to the Public Prosecutor's Office, if it is not
this the applicant, to, within the maximum period of two days, issue opinion or require what
have it convenient.
2-Havendo the process of proceeding, the judge can order the realization of perices and
too much necessary representations, after which it decides within a maximum of two days.
Article 219.
Decision
The decision determines the modality of modification of the execution of the penalty and the conditions to
that this becomes subject, being notified to the Public Prosecutor's Office, to the convict and to the applicant
other than the convict, and communicated to the prison establishment, to the services of
social reinsertion and too many entities that should intervene in the execution of the modification.
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Article 220.
Implementation of the decision
It is incumbent upon social reinsertion services to monitor the implementation of the decision of
modification and, specifically:
(a) draw up reports containing evaluation of the implementation, quarterly or with the
periodicity determined by the court;
b) Pressure or diligenate so that appropriate psycho-social support is provided to the convict
and their respective family, in coordination with the relevant public services,
particularly in the areas of health and social security, and with the collaboration of the entities,
public or private, whose intervention is warranted;
c) Communicate immediately to the Court of Execution of the Penas for verification of the
circumstances likely to lead to the replacement of the modality of execution
determined or to its revocation;
d) Communicate to the Court of Enforcement of the Penas the demise of the convict when by
another reason has not been declared extinguished the penalty.
Article 221.
Change of the decision
To the replacement of the execution modality and to the revocation of the modification of the execution
applies, with the necessary adaptations, the willing as to the incident of default
of probation.
Article 222.
Feature
1-It is up to the appeal of decisions to grant, refuse or revocation of the modification of the
execution of the penalty.
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2-It has suspensive effect on the interposed appeal of the decision to revocation of the modification of the
execution of the penalty.
Chapter X
Indulge
Article 223.
Legitimacy
The pardon, total or partial, of penalty or measure of safety can be:
a) Request by the convict, by the legal representative, by the spouse or by person, of another
or of the same sex, with whom the convict maintains a relationship analogous to that of the
spouses, or by family;
b) Proposed by the director of the establishment to which the reclusive is affected.
Article 224.
Presentation of the application
The application or the proposal is addressed to the President of the Republic and may be submitted until
to the June 30 of each year.
Article 225.
Instruction
1-The application or the proposal is referred by the Ministry of Justice to the Court of Enforcement
of the Penas, for instruction.
2-Autuated the application or the proposal, the office, regardless of dispatch, requests,
in five days, the following elements:
a) If the convict is deprived of liberty:
i) Constant information of the individual process of the reclusive;
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ii) Report of prison services containing evaluation of the evolution of the
personality of the reclusive during the execution of the penalty, the skills acquired
in that period, from your prison behaviour and your relationship to crime
committed;
iii) Opinion of the director of the prison establishment.
b) Report of social reinsertion services, containing assessment of needs
remaining social reinsertion, from the perspectives of family framing, social and
professional of the convict and of the need for protection of the victim;
c) Where the application or proposal is based on reasons of health, information on the
health status and the way this is compatibilise with the execution of the penalty;
d) Updated criminal record of the convict;
e) Copy of sentence or sentencing judgment;
f) Comass of the penalty, approved by the competent judicial authority.
3-Obtained the elements referred to in the preceding paragraph, are the continuing autos with
view to the Public Prosecutor's Office, to promote other instructory acts that understand
necessary or to proceed in accordance with the provisions of the following article.
4-A The instruction of the process shall be completed within 90 days, from the date of
Autuation at the Court of Execution of the Penas.
5-The time limit referred to in the preceding paragraph may exceptionally be extended to the
limit of 120 days, if the judge, officiously or the application, thus decides
fundamentedly.
Article 226.
Opinions and remittance of autos
1-Finda the instruction, the Public Prosecutor's Office issues opinion within five days.
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2-Issued the opinion, the judge pronounces it within eight days and orders the consignment of the
autos to the Minister of Justice, which leads them to the decision of the President of the Republic.
Article 227.
Presidential decree and immediate release of the reclusive
1-The day of the annual grant of the pardon is the December 22.
2-The presidential decree granting the pardon or the dispatch that the negue is, after low
from the autos to the Court of Execution of the Penas:
a) Communicated to the convict, to the applicant who is not the convict and the Ministry
Public;
b) In the event of a concession, a statement to the respective sentencing processes and to the
criminal identification services through bulletin of the criminal record.
3-When the granting of the pardon implicates the immediate release of the indulgent, the decree
presidential is soon communicated, by the Ministry of Justice, to the Court of Enforcement of the
Feathers, with a view to the issuance of the corresponding warrant.
Article 228.
Repeal
1-The pardon can be revoked, so far as the term of the penalty would occur, in the
following cases:
a) If they come to reveal themselves false the facts that substantiated their concession; or
b) If there is non-compliance with conditions to which it has been subordinated.
2-A The revocation is promoted by the Public Prosecutor's Office, officiously or the solicitation of the
Minister of Justice.
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3-Realized the relevant instructional representations, the judge pronounces and orders the consignment
from the autos to the Minister of Justice, who will make them present to the President of the Republic for
decision.
4-The presidential decree repealing the pardon is, after low of the autos to the Court of
Execution of the Penas:
a) Communicated to the convict and the Public Prosecutor's Office;
b) Announcement to the respective sentencing processes and identification services
criminal through bulletin of the criminal record.
Chapter XI
Provisional cancellation of the criminal record
Article 229.
Purpose of cancellation and legitimacy
1-For the purposes of employment, public or private, of an exercise of profession or activity whose
exercise depended on public title, authorization or approval of the public authority,
or for any other legally permitted purposes, the cancellation may be required,
total or partial, of decisions that should appear in criminal record certificates
issued for those purposes.
2-The cancellation may be requested by the person concerned, by the legal representative, by the
spouse or per person, of another or the same sex, with whom the convict maintains
a relationship analogous to that of the spouses, or by family in a reasoned application, that
specify the purpose to which the cancellation is intended, instructed with document
proof of the payment of the claims in which you have been convicted.
3-In the impossibility of putting together the document referred to in the preceding paragraph, it may be
made by any other means proof of the performance of the obligations to indemnify, from the
its extinction by any legal means or the impossibility of its fulfillment.
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4-With the application can be offered witnesses, up to the maximum of five, well
as other means of proof of the verification of the assumptions of the provisional cancellation,
provided for in the Criminal Identification Act.
Article 230.
Order liminal
1-Received and aubed the application, goes the conclusive process to the judge for dispatch
liminal.
2-If undue, for showing, as soon as in the face of the initial application,
sufficiently evidenced the lack of the assumptions of the provisional cancellation, the judge
send to file the process and notify the applicant.
3-From the order of undue dismissis delivered under the previous number is up to appeal
for the Court of Relation.
4-Havendo the process of proceeding, the judge dispatches in the sense of:
(a) Notify the applicant to, within a period of time to set, complete the application or join documents
in foul;
(b) order the production of the means of proof offered by the applicant and the rest that
have by convenient for the good decision of the cause.
Article 231.
View and opinion of the Public Ministry
Produced the evidence, the process is continued with a view to the Public Prosecutor's Office for, in
five days, issue opinion.
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Article 232.
Notification and communication of the sentence
1-A sentence is notified to the applicant, to the person concerned that it is not the applicant and the
Prosecutor's Office.
2-Being proceeded by the application, the sentence is still communicated to the services of
criminal identification through bulletin of the criminal record.
Article 233.
Repeal
1-The provisional cancellation is revoked if the person concerned incurring new conviction
by felony felony and if they check the assumptions of the relatively undetermined penalty or
of recidivism.
2-A The revocation is declared the Public Prosecutor's application.
3-For the purpose of the provisions of this article, the criminal identification services inform the
Prosecutor's Office with the Court of Enforcement of the Penas of the proliation of sentences
convictions against defendants for which they vigore provisional cancellation of the
criminal record .
4-A The revocation of the provisional cancellation is communicated to the identification services
criminal through bulletin of the criminal record.
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Chapter XII
Supplement process
Article 234.
Tramway
The supplement process follows, with due adaptations, the trames of the process of
granting of probation.
Title V
Resources
Chapter I
Appeal to the Court of Relation
Article 235.
Recurrable decisions
1-Of the decisions of the Court of Enforcement of the Penas it is up to the Relation in the cases
expressly provided for in law.
2-The following decisions of the Court of Execution of the Penas are still recurrable:
(a) Extinction of the penalty and of the custodial security measure of freedom;
b) Grant, refusal and revocation of the provisional cancellation of the criminal record;
c) Those rendered in a supplement process.
Article 236.
Legitimacy
1-Unless the law dispends differently, they have legitimacy to appeal:
a) The Public Prosecutor's Office;
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b) The convict or who lawfully represents the dam, of the decisions against you rendered;
c) The applicant, when it is not the Public Prosecutor's Office nor the convict, concerning the
decisions that are unfavorable to you.
2-You cannot turn to anyone who has no interest in acting.
Article 237.
Scope of the appeal
1-Unless the provisions of the following number or when the law dispends differently, the
resource covers the whole decision.
2-The appeal may be limited to the matter of fact or to the question of law.
3-A The limitation of the appeal is without prejudice to the duty of the court of appeal to withdraw from the
respective legally imposed consequences on the whole of
decision resorts.
Article 238.
Regime of ascent
1-Sobem in the autos itself the interposed appeals of the decision that put an end to the
process.
2-Sobem separately the remaining resources.
3-The resources rise all immediately and only have suspensive effect of the decision in the
cases expressly provided for in this Code.
Article 239.
Remission
In everything that is not contradicted by the provisions of this Code, the resources are
interposts, tramway and adjudicated as the resources in criminal proceedings.
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Chapter II
Special features for uniformity of jurisprudence
Article 240.
Opposition of Judgments of the Relation
1-When, in the area of the same legislation, a court of the Relation shall provide judgment that,
on the same issue of law in respect of the implementation of penalties and measures
deprivation of liberty, be in opposition with another of the same or of different Relation, is
allowed to appeal from the judgment handed down in last place.
2-judgments are deemed to be given in the field of the same legislation when,
during the interval of its prowess, there has not been any legislative modification that interfered,
directly or indirectly, in the resolution of the contested law issue.
3-As the foundation of the appeal can only invoke previous judgment carried over in
judged.
Article 241.
Legitimacy
They have legitimacy to appeal:
a) The Public Prosecutor's Office;
b) The subject against whom the judgment was delivered.
Article 242.
Required resource
1-The Public Prosecutor's Office is compulsorily resorting to, being the always admissible resource:
a) Of any decisions rendered against case-law fixed by the Supreme Court of
Justice;
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b) Of decision handed down in special case of imputation which, in the field of the same
legislation and the identical question of law, be in opposition with another prowound
by court of the same species;
2-For the purpose provided for in paragraph 1, the subject against which the decision was made availed
may require the Public Prosecutor's Office to interposition the appeal.
3-For the purpose provided for in paragraph 1, the prison services and social reinsertion services
communicate to the Public Prosecutor's Office the opposition of decisions, as soon as it takes
knowledge.
4-The appeal is brought in the 30 days subsequent to the prolation of the decision in question, by the
Public prosecutor's office with the court that has delivered it, to which they are directed
communications referred to in the preceding paragraph and the requirement provided for in paragraph 2.
5-The intersted decision appeal not yet carried forward on trial suspending, until the
respective trial:
a) The deadline for interposition of resource for the Relation;
b) The subsequent terms of appeal already instituted, in what concerne the legal question
contested.
6-In the hypothesis provided for in the preceding paragraph, the appeal only has suspensive effect of the decision
recurred if that is in concrete the effect legally assigned to the resource interposition
for the Relation.
Article 243.
Interposition
The appeal for fixation of jurisprudence is brought to the full of the criminal sections of the
Supreme Court of Justice.
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Article 244.
Remission
To the interposition, tramping and trial of the previously foreseen resources and the
publication and effectiveness of the respective decision, apply, with the necessary adaptations, the
articles 438 to 446 of the Code of Criminal Procedure.
Article 245.
Resources in the interest of the unit of law
1-The Attorney General of the Republic may determine, officiously or the application
of any interested, who are brought in resources in the interest of the unit of the right.
2-At the interposition, the stepping up of the appeal and the effectiveness of the respective decision applies to
article 447 of the Code of Criminal Procedure.
Article 246.
Subsidiary legislation
They apply, as a subsidiary and with the necessary adaptations, the provisions of the Code of
Criminal proceedings that regulate ordinary resources.
