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Approves The Legal Framework Of The Issue And Execution Of Decisions Of Pecuniary Sanctions, Transposing To The Internal Legal Order The Framework Decision No. 2005/214/jha Of 24 February, On The Implementation Of The Principle Of Reconheciment

Original Language Title: Aprova o regime jurídico da emissão e execução de decisões de aplicação de sanções pecuniárias, transpondo para a ordem jurídica interna a Decisão Quadro n.º 2005/214/JAI, do Conselho, de 24 de Fevereiro, relativa à aplicação do princípio do reconheciment

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

1

Exhibition of Motives

The principle of mutual recognition has presented itself, since the European Council of

Tampere, occurred on 15 and October 16, 1999, as the cornerstone of cooperation

judicial in the European Union and in the framework of the space of freedom security and justice

characteristic of the European construction process. Paulatinously, your presence has

coming up, on the impulse of diplomas from the Council of the Union, to various fields. Is

in this context that falls under Council Decision-Table 2005 /214/JAI of 24 of

February 2005, concerning the application of the principle of mutual recognition to sanctions

pecuniary, in which the objective of facilitating the application of such sanctions is pursued in a

Member state other than the State in which the sanctions are imposed.

With regard to its content-and in summary-this Framework Decision postulates the

existence, in each member state, of competent authorities apt to communicate

directly with the competent authorities of the other member states, having in

view the transmission or reception and the execution of decisions, duly certified, that

determine the application of financial penalties. In the same way, it describes and regulates the

procedures necessary to the transmission, reception and implementation. In some cases,

comprehensively discriminated against in the Framework Decision, the recognition of decisions by

part of the authorities of the State of reception do not depend on any formality, to

in addition to those foreseen in the diploma itself. On all too many, the recognition and the

execution may be subject to the condition of being in question a behavior that

constitutes an infringement, pursuant to the right of State of execution. However-and for

any of these two situations-no more than predicting reasons for the non-

recognition and non-execution.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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The Framework Decision further refers to several other aspects, such as that of the law applicable to the

execution (defining this as the law of the State of implementation), the form of determination

of the amount to be paid, the terms in which it is possible to apply alternative sanctions in the event of

non-collection of financial penalty, the admissibility of the granting of amnesty or pardon

either to the issuing State, or to the executing State, the assignment, in exclusive, to the

State of issue of competence for the assessment of review resources, the cessation of

implementation, the allocation of the importancies resulting from the execution of decisions, the charges

with the process or languages likely to be used.

In the present draft law of transposition, serving the desideratum, expressed in the

Decision-Framework, of direct communication between the competent authorities of the various

Member states, ascribe to the courts the competence to lead the process

of mutual recognition. Thus, in cases where Portugal presents itself as the State

of issuance, the transmission of the decision will compete to the court itself that has taken up the

decision. In cases where the decision, specifically of the application of a fine, is

taken by an administrative authority, the transmission will compete to the court

competent for its implementation. Already when Portugal presents itself as the State of

execution, shall be competent the court of the habitual residence or the registered office-

depending on the person against whom the decision has been made is a natural person or

collective-, of the situation of the goods or of the place in which the yields are produced.

The Superior Council of the Magistrature, the Attorney General of the Republic and

the Order of Lawyers.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

3

Chapter I

General provisions

Article 1.

Subject

1-A This Law establishes the legal regime of the issuance and transmission, by the

Portuguese judicial authorities, of decisions to implement financial penalties,

with a view to its recognition and implementation in another member state of the

European Union, as well as recognition and implementation, in Portugal, of the

decisions to implement pecuniary penalties taken by the competent authorities

of the other member states of the European Union, transposing into the legal order

internal to Framework Decision No 2005 /214/JAI, of the Council of the European Union, of 24 of

February.

2-A The implementation in the European Union of the decisions to implement financial penalties is

based on the principle of mutual recognition and carried out in compliance with the

provisions laid down in Framework Decision No 2005 /214/JAI of the Council of the European Union of 24

of February.

3-A This Law shall be without prejudice to the application of bilateral or multilateral conventions between

Portugal and other member states of the European Union to allow to go beyond the

provisions of this Law and contribute to simplifying or facilitating the procedures of

implementation of the financial penalties.

Article 2.

Definitions

1-For the purposes of this Law, it shall be deemed to be:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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a) "Decision", a decision carried out on trial by which a sanction is imposed

pecuniary to a natural or legal person, whenever the decision has been

taken by:

i) A court of the State of issuance, by the practice of a criminal offence, in the

terms of the law of the State of issuance;

ii) An authority of the issuing State other than a court, by the practice

of a qualified offence as a criminal offence by the law of the State of issuance, since

that the person concerned has had the possibility of being judged by a

competent court, in particular in criminal matters;

iii) An authority of the issuing State other than a court, in what

complies with acts that are punishable under the law state of issuance by

constitute infringements of legal standards, provided that the person concerned

has had the possibility of being tried by a competent court,

particularly in criminal matters;

iv) The competent court, in particular in criminal matters, in which the decision was

delivered on the terms of the previous sub-paragraph.

b) "Pecuniary penalty", the obligation to pay:

i) An amount in cash after conviction for infringement, imposed by a

decision;

ii) An indemnity set out in the framework of the same decision for the benefit

of the victims, when they may not be a civil party in the proceedings and the court

to act in the exercise of its criminal competence;

iii) An amount in cash relative to the expense of the legal actions or

administrative conducts for decisions;

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Proposal for Law No. 260 /X/4.

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iv) An amount in cash payable to a public fund or an organization

of support for the victims, determined in the framework of the said decision.

c) "State of issuance", the member state of the European Union in which it has been

delivered a decision;

d) "State of implementation", the member state of the European Union to which it has been

passed a decision for the purposes of execution.

2-For the purposes of this Law, they do not consider themselves to be a pecuniary penalty:

a) The decisions to forfeit the instruments or products of the crime;

b) Decisions of a cible nature, arising from an action for damages and

restitution that have an executive force, pursuant to the Regulation (EC)

n ° 44/2001 of December 22, 2000 on jurisdiction, the

recognition and enforcement of decisions in civil and commercial matters.

Article 3.

Scope of application

1-Are recognized and executed, without control of the double jeoparding of the fact, the

decisions to apply for financial penalties that respect the following facts, since

that, in accordance with the law of the State of issuance, these are punishable:

a) Participation in a criminal organisation;

b) Terrorism;

c) Trafficking in human beings;

d) Sexual exploitation of children and pedopornography;

e) Trafficking in narcotic drugs and psychotropic substances;

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Proposal for Law No. 260 /X/4.

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f) Trafficking in arms, ammunition and explosives;

g) Corruption;

h) Fraud, including the aggrieved fraud of the financial interests of the Communities

European within the meaning of the Convention of July 26, 1995 on protection

of the financial interests of the European Communities;

i) Bleaching of proceeds of crime;

j) Counterfeiting of currency, including the euro;

l) Cybercrime;

m) Crimes against the environment, including the trafficking of endangered animal species and

endangered plant species and essences;

n) Aid for irregular entry and permanence;

o) Voluntary manslaughter, serious bodily offenses;

p) Trafficking of organs and human tissues;

q) Abduction, kidnapping and taking of hostages;

r) Racism and xenophobia;

s) Organized robbery or by armed hand;

t) Trafficking in cultural goods, including antiques and works of art;

u) Burla;

v) Extortion of protection and extortion;

x) Counterfeiting and piratagem of products;

z) Falsification of administrative documents and their trafficking;

aa) Falsification of means of payment;

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ab) Trafficking of hormonal substances and other growth factors;

ac) Trafficking in nuclear and radioactive materials;

ad) Trafficking in furloughed vehicles;

ae) Violation;

af) Fire post;

ag) Crimes covered by the jurisdiction of the International Criminal Court;

ah ) Deviation by plane or ship;

ai) Sabotage;

aj) Conduct that infringes on the Road Code or the regime of driving times

and rest and transport of dangerous goods;

al ) Smuggling of goods;

am ) Violation of intellectual property rights;

an) Threats and acts of violence against people, including when committed

in the context of sporting events;

to the ) Criminal vandalism;

ap ) Theft; and

aq) Offences defined by the State of issuance and covered by obligations of

implementation arising from instruments adopted under the terms of the Treaty of

European Community or Title VI of the Treaty on European Union.

2-In the case of facts not referred to in the preceding paragraph, the recognition and enforcement of the

decision by the Portuguese judicial authority shall be subject to the condition of the decision if

refer to facts that constitute infringement punishable by Portuguese law, regardless

of its constitutive elements or of its qualification in the right of the State of

issuance.

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Proposal for Law No. 260 /X/4.

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Article 4.

Communications between the competent authorities

1-All official communications are carried out directly between the authorities

competent State of the State of issuance and the State of implementation, by any means that

allow us to obtain a written record of those and under conditions permitting

verification of its authenticity.

2-The provisions of the preceding paragraph shall be without prejudice to the transmission to the United Kingdom and to the

Ireland of decision, accompanied by the certificate, takes place through the respective

central authorities, or other authorities designated for this purpose, should those

Member States shall make a statement to that effect, deposited with the Secretariat-

General of the Council of the European Union and notified to the Commission.

3-Communications are translated into one of the official languages of the State of execution or

nother official language of the Institutions of the European Communities accepted by this State

upon declaration deposited with the General Secretariat of the Council of the Union

European.

Article 5.

Amnesty and forgiveness

The amnesty and the pardon can be granted both by the issuing state and by the

State of execution.

Article 6.

Allocation of the importances resulting from the execution of decisions

The importances resulting from the execution of decisions revert to the executing State,

unless otherwise agreed between this and the State of issuance.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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Article 7.

Charges

The Portuguese State resigns, in conditions of reciprocity, to the refund of charges

with the execution of decisions to apply for financial penalties.

Chapter II

Issue, content and transmission, on the part of the Portuguese authorities, of

decision to apply for financial penalty

Article 8.

Portuguese competent authority for the issuance

It is competent to issue the decision to apply for financial penalty and transmit it to the

competent authority of the State of implementation:

a) The court that has made the decision; or

b) In the event that the decision has been made by administrative authority, the court

competent for the execution.

Article 9.

Transmission of decision

1-A decision, or its certified copy, accompanied by the certificate whose model is stated in the

annex to this Law, may be forwarded to the competent authorities of a State

member of the European Union on whose territory the natural or legal person against the

which has been handed down the decision posits goods or income, have your residence

customary or, by treating themselves as a legal person, have their registered office.

2-A certificate is translated into the official language of the executing State, for one of its

official languages or, where this is accepted by the State of implementation, for a language

officer of the Institutions of the Union.

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Proposal for Law No. 260 /X/4.

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3-A certificate shall be signed by the issuing authority, to which it shall certifying the accuracy of the

your content.

4-A decision, or its certified copy, as well as the certificate, are transmitted

directly by the issuing authority to the competent authority of the executing State,

under conditions permitting the verification of its authenticity by the executing State.

5-In the event that the issuing authority does not know the competent authority of the State of

execution, requests that information to the latter by all means, including through

of the contact points of the European Judicial Network.

6-The original of the decision or its authenticated copy, as well as the original of the certificate, are

sent to the executing State, if the latter requests it.

7-In each case, the issuing authority transmits the decision to a single State of

execution.

Article 10.

Duty of information to the State of implementation

1-A The issuing authority shall immediately inform the competent authority of the

State of implementation of any decision or measure that has the effect of cancelling the

enforceability of the decision or withdraw to the State of execution, by any other

reason, the responsibility for that execution.

2-If, after the transmission of a decision pursuant to the previous article, an authority

Portuguese to receive an amount in cash that has been paid voluntarily by the

doomed person, by way of the decision, that authority shall quickly inform the

competent authority of the executing State.

3-In the case referred to in the preceding paragraph, the amount paid will be fully deducted from the

amount to be performed.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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Article 11.

Consequences of the transmission of a decision

The issuing authority shall not continue the execution of a decision transmitted in the

terms of Article 9, without prejudice to the provisions of the following article.

Article 12.

Recovery of competence for the implementation

1-A The issuing authority recovers the competence for the execution of a decision

transmitted in accordance with Article 9.

a) After being informed by the competent authorities of the executing State of the non

execution, in whole or in part, of the decision;

b) After being informed by the competent authorities of the State of implementation of its

refusal to acknowledge or to execute the decision, without prejudice to the provisions of the

n. 2;

c) Where, under the terms of Article 9, the competent authorities of the State of

execution be informed that the responsibility for the execution has been

withdrawal.

2-In cases referred to in paragraph b) of the preceding paragraph, the issuing authority does not recover

the competence for the execution of the decision if the refusal of recognition or of

execution of the decision result:

a) From the existence of a decision against the convicted person, by the same facts, in the

State of implementation;

b) Of the existence and execution of a decision against the convicted person, by the

same facts, in State other than that of the issuance and that of the execution;

c) Of the granting of amnesty or a pardon by the executing State; or

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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d) Of opposition founded on suspicion of violation of fundamental rights or of the

fundamental legal principles enshrined in Article 6 of the Treaty of the Union

European.

Article 13.

Review of the decision

Only the Portuguese State can decide on the review appeal of the decision, without prejudice to the

faculty of the State of implementation, in the event of impossibility of execution, in whole or in part,

be able to apply alternative sanctions, when this is provided for in its domestic law and

issuing authority has provided it on the certificate.

Chapter III

Recognition and implementation, in Portugal, of decision to apply for sanction

pecuniary issued by foreign authority

Section I

Refusal

Article 14.

Causes of refusal of recognition and enforcement

1-A The competent judicial authority refuses the recognition and enforcement of the decision

when:

a) The certificate is not presented, is incomplete or manifestly not

match the decision;

b) Have been handed down, in Portugal, a decision concerning the same person and the

same facts;

c) Have been handed down and executed a decision concerning the same person and the

same facts in another State;

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Proposal for Law No. 260 /X/4.

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d) The decision has been handed down against an inimitable person on the grounds of age, in the

terms of the Portuguese law, in relation to the facts by which the decision was handed down;

e) There is an immunity, under Portuguese law, to prevent the execution of the

decision;

f) According to the certificate, and dealing with a written procedure, the person in

cause has not been regularly notified, pursuant to the law of the State of

issuance, of its right to challenge the action and time limits of appeal;

g) According to the certificate, the person concerned has not attended, except that

of the certificate conste that:

i) It was regularly notified of the case, under the law of the State of

issue; or

ii) He indicated that he does not contest the action.

2-In cases referred to in points a ), f) and g) from the previous number, before deciding by the

non-recognition and by non-execution, in whole or in part, the judicial authority shall

consult, by all appropriate means, the competent authority of the State of

issue and ask you, where appropriate, the prompt provision of all the

necessary information.

Article 15.

Causes of optional denial of recognition and enforcement

1-A The competent judicial authority may refuse the recognition and enforcement of the

decision when:

a) The decision relates to facts that do not constitute an offence punishable by the law

Portuguese, as long as it deals with infringement not included in Article 3 (1);

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Proposal for Law No. 260 /X/4.

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b) The decision will refer to facts:

i) Committed, in whole or in part, in the Portuguese territory or in place

considered as such by the Portuguese law; or

ii) Practiced outside the territory of the State of issuance, provided that the Portuguese law

is not applicable to the same facts when practiced outside the territory

national.

c) The time limits for the limitation of the criminal procedure or the penalty have elapsed,

in accordance with Portuguese law, as long as Portuguese courts are

competent for the knowledge of the facts referred to in the decision;

d) the certificate indict claims that fundamental rights or legal principles

key enshrined in Article 6 of the Treaty on European Union were not

respected;

e) The financial penalty shall be less than € 70 or the equivalent of this amount.

2-In cases referred to in points c) and d) from the previous number, before deciding not to

acknowledgement and by non-execution, in whole or in part, the judicial authority shall

consult, by all appropriate means, the competent authority of the State of

issue and ask you, where appropriate, the prompt provision of all the

necessary information.

Section II

Process of recognition and enforcement of decision

Article 16.

Portuguese authority competent for the implementation

1-It is competent to implement in Portugal a decision to apply for financial penalty

the court of the area of the habitual residence or of the registered office, depending on the person

against which the decision has been handed down is a natural or a legal person.

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2-If it is not known the habitual residence or the registered office, it is competent the court

of the area of the situation of the goods of the person or of the place in which they are produced

income.

Article 17.

Recognition and enforcement of decision

1-Received the decision, duly transmitted by the competent authority of the State of

issue, the judicial authority shall immediately take the necessary measures to its

execution, without prejudice to the provisions of Articles 14 and 15.

2-When the certificate does not find itself translated into Portuguese or other language

officer of the Union Institutions that Portugal declars to accept, is that returned to the

competent authority of the issuing State for the respective translation to be carried out.

3-When the judicial authority considers necessary the translation of the decision of the State of

issue, may suspend its execution for the time required for such translation in

Portugal, at the expense of the Portuguese State.

4-When it is not competent, the judicial authority that received the decision shall

officiously convey the decision to the competent authority and inform it of this

quickly the competent authority of the issuing state.

Article 18.

Law of enforcement

The implementation of the decision shall be governed by the provisions of the Portuguese law applicable to the implementation of

decision to apply for financial penalty of the same nature handed down in Portugal, without

prejudice to the provisions of Articles 21 and 22.

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Article 19.

Determination of the amount to be paid

1-Where it is proved that the decision relates to facts not practiced in the territory of the

State of issuance, the judicial authority reduces the amount of the penalty to be carried out to the

maximum amount provided for in Portuguese law for facts of the same nature, if

deal with facts of the competence of the Portuguese state.

2-A The judicial authority shall, if necessary, convert the amount of the sanction into euros, to the

exchange rate in force at the time when the penalty was applied.

Article 20.

Deduction of the amount payable

1-If the convicted person can provide proof of the full or partial payment in any

State, the judicial authority shall consult, by all appropriate means, the

competent authority of the State of issue and shall request it, where appropriate, to

quick provision of all the necessary information.

2-In the case provided for in the preceding paragraph, any part of the amount of the penalty that has

been charged, in any form, in any State, shall be fully deducted from the

amount to apply.

Article 21.

Enforcement of decision relating to legal persons

The financial penalties applied to a legal person are executed even if the law

Portuguese does not provide for the liability of legal persons for the facts in question.

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Article 22.

Arrest or other alternative sanction in case of non-collection of pecuniary penalty

1-Whenever it is not possible to perform, in whole or in part, a decision, the authority

judicial may, in cases where this is provided for in Portuguese law for non-

payment of financial penalties, apply alternative sanctions, namely, in the case

of penalty of fine, the subsidiary prison, provided that the issuing State has foreseen the

application of these alternative sanctions on the certificate.

2-A The measure of the alternative sanction is determined in accordance with Portuguese law, but not

may exceed the maximum level indicated on the certificate transmitted by the issuing State.

Article 23.

Review of the decision

Only the issuing State may decide on the review appeal of the decision, without prejudice

of the provisions of the previous article.

Article 24.

Cessation of execution

The judicial authority puts an end to the execution of the decision as soon as it is informed by the

competent authority of the State of issuance of any decision or measure that has by

annular effect of the enforceability of the decision or withdraw to Portugal, by any other

reason, the responsibility for that execution.

Article 25.

Duty of information to the State of issuance

The judicial authority shall quickly inform the competent authority of the State of

issuance:

a) From the transmission of the decision to the competent authority, pursuant to Art. 17;

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b) Of any decision to refuse recognition or to implement a decision,

in the terms of Articles 14 or 15, accompanied by the respective statement of reasons;

c) Of the non-execution, total or partial, of the decision, by virtue:

i) From the reduction of the amount of the penalty to be applied to the maximum amount provided for in

Portuguese law for facts of the same nature, if it comes to facts of the

Competence of the Portuguese State, in harmony with the provisions of paragraph 1 of the

article 19;

ii) From the conversion of the amount of the penalty in euros, to the exchange rate in force in the

moment in which the sanction was applied, in harmony with the provisions of paragraph 2

of Article 19;

iii) Of a decision on the rules of the implementation and establishment of measures with

it related, including with regard to the grounds for termination of the

execution, in harmony with the provisions of Article 18;

iv) From the full deduction of any demonstrably paid amount of the amount

to apply in Portugal, in harmony with the provisions of Article 20; and

v) From the granting of amnesty or forgiveness, in harmony with the provisions of Article 5.

d) Of the execution of the decision, as soon as it is completed; and

e) From the application of alternative sanctions pursuant to Art. 22 para.

Chapter IV

Final and transitional provisions

Article 26.

Transitional arrangement

This Law shall apply to the decisions made after it enters into force, albeit the

same if they refer to previously practiced facts.

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Proposal for Law No. 260 /X/4.

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Article 27.

Entry into force

This Law shall come into force 60 days after its publication.

Seen and approved in Council of Ministers of March 11, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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Proposal for Law No. 260 /X/4.

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ANNEX

Certificate referred to in Article 9.

a)

* State of issuance:... .................................................................................

* State of implementation:........................................................................................

b) Authority which has delivered the decision imposing the financial penalty:

Official designation:............................................................................................

Address:......................................................................................................

..................................................................................................................

Referral of the process (...)...............................................................................

Phone: (indicative of the country) (regional indicative)........................................................

Fax: (indicative of the country) (regional indicative)..............................................................

Email (if available):.........................................................................................

Languages in which it is possible to communicate with the issuing judicial authority.........

..................................................................................................................

Contact of the person (s) to be contacted in order to obtain additional information for the purpose of

implementation of the decision or, where applicable, for the purpose of the transfer to the State of

issuance of the importances resulting from the execution (name, title / degree, telephone, fax and, if

available, email).......................................................................... ....... ...

..................................................................................................................

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..................................................................................................................

c) competent authority to carry out the decision imposing the financial penalty on the

State of issue [if it is not the authority referred to in (b)]:

Official designation:............................................................................................

..................................................................................................................

Address:......................................................................................................

..................................................................................................................

Phone: (indicative of the country) (regional indicative)........................................................

Fax: (indicative of the country) (regional indicative)..............................................................

Email (if available):.........................................................................................

Languages where it is possible to communicate with the competent authority for the execution....

..................................................................................................................

Contact of the person (s) to be contacted in order to obtain additional information for the purpose of

implementation of the decision or, where applicable, for the purpose of the transfer to the State of

issuance of the importances resulting from the execution (name, title / degree, telephone, fax and, if

available, email):............................................................................... ........

..................................................................................................................

..................................................................................................................

d) Case has been designated a central authority for the administrative transmission of the

decisions that impose financial penalties on the issuing state:

Name of Central Authority:.................................................................................

..................................................................................................................

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Person eventually to contact (title / degree and name):.....................................................

..................................................................................................................

Address:......................................................................................................

..................................................................................................................

Referral.......................................................................................

Phone: (indicative of the country) (regional indicative)........................................................

Fax: (indicative of the country) (regional indicative)..............................................................

Email (if available):.........................................................................................

e) Authority or authorities who may be contacted [should you have (m) been filled in (s)

a (s) (c) and / or (d)):

Authority referred to in point (b):

You can be contacted in relation to the following questions:...................................................

Authority referred to in point (c):

You can be contacted in relation to the following questions:...................................................

Authority referred to in point (d):

You can be contacted in relation to the following questions:...................................................

f) Data relating to the natural or legal person to whom pecuniary penalty was imposed:

1. In the c to s o d and a p and s o a s i n g u l a r

Surname:......................................................................................................

Name (s) itself:................................................................................................

Maiden name (eventually):..........................................................................

Alwedges and pseudonyms (eventually):.................................................................

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Sex:............................................................................................................

Nationality:................................................................................................

Identity card number or social security number (if available):........

Date of birth:.........................................................................................

Place of birth:.........................................................................................

Last known whereabouts:..............................................................................

..................................................................................................................

Indication of the language or languages that the person understands [when known (s)]:......

..................................................................................................................

a) In case the decision is communicated to the executing State due to the fact that the person

against whom the decision was taken in it habitually reside, to add the following

information:

Habitual residence in the State of execution:.............................................................

..................................................................................................................

..................................................................................................................

b) In case the decision is communicated to the executing State due to the fact that the person

against whom the decision was taken to possess goods in the executing State, to add the following

information:

Description of the goods of the person:............................................................................

Location of goods of the person:............................................................................

c) In case the decision is communicated to the executing State due to the fact that the person

against whom the decision has been taken to possess income in the executing State, to add the

following information:

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Description of the person's income source (s):.............................................................

Location of the person's income source (s):..........................................................

2. On the c to s o d and a p and s o a c o l and c t i v a:

Design....................................................................................................

Form of collective person:..................................................................................

Identification number of legal person (if available) (1):...........................................

Registered office (if available) (1):.............................................................................

Address of the legal person:.............................................................................

a) In case the decision is communicated to the executing State due to the fact that the person

collective against whom the decision was made to possess goods in the executing State, to add the

following information:

Description of the assets of the legal person:.................................................................

Location of assets of the legal person:................................................................

..................................................................................................................

b) In case the decision is communicated to the executing State due to the fact that the person

collective against whom the decision was made to possess income in the executing State,

to add the following information:

Description of the source (s) of income of the collective person:................................................

Location of the source (s) of income of the legal person:..............................................

..................................................................................................................

g) Decision that imposes a financial penalty:

1. Nature of the decision which imposes a financial penalty (mark the appropriate house):

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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i) Decision of a court of the State of issue in respect of a criminal offence,

under the terms of the legislation of the State of issuance

ii) Decision of an issuing State authority that is not a tribunal in which

respect a criminal offence under the legislation of the State of issuance.

It is confirmed that the person concerned has had the possibility of being tried by a court

competent, inter alia, in criminal matters

iii) Decision of an issuing State authority that is not a tribunal in which

complies with acts that are punishable under the legislation of that State by virtue of being

infringements of legal standards. It is confirmed that the person concerned has had the possibility of

be tried by a competent court, in particular, in criminal matters

iv) Decision of a competent court, particularly in criminal matters, relatively

to a decision within the meaning of paragraph (iii)

The decision was taken on (date)..............................................................................

(1) In case the decision is communicated to the executing State due to the fact that the person

collective against which the decision was made to have the registered office in that State, is

obligatory the indication of the registration number and the registered office.

The decision transited on trial at (date)...................................................................

Reference number of the decision (if available):..........................................................

The financial penalty constitutes an obligation to pay [mark the appropriate house (s) and

indicate the amount (s), with indication of the divisa]:

i) An amount in cash after conviction for infringement, enacted in decision.

Amount:......................................................................................................

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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ii) An established compensation in the scope of the same decision for the benefit of the

victims, when these cannot be a civil part in the process and the court acts in the exercise

of your criminal competence.

Amount:......................................................................................................

iii) An amount in cash relative to the expense of the legal or administrative actions

conducive to decisions.

Amount:......................................................................................................

iv) An amount in cash to be paid to a public fund or support organization

to the victims, determined in the framework of the said decision.

Amount:......................................................................................................

Total amount of penalty payment, with indication of the divisa:...........................................

..................................................................................................................

2. Summary summary of the facts and description of the circumstances in which the (s)

infraction / offences foi/were committed (s), including the time and place:....................................

..................................................................................................................

..................................................................................................................

..................................................................................................................

..................................................................................................................

..................................................................................................................

Nature and legal qualification of the offence / offences and legal provision / code

applicable, based on / on which decision was made:........................................................

..................................................................................................................

..................................................................................................................

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

27

..................................................................................................................

3. Where the offence or offences identified (s) under section 2 constitute (m) one or more

of the following offences, confirm that fact by pointing out the appropriate house (s):

Participation in a criminal organisation

Terrorism

Trafficking in human beings

Sexual exploitation of children and pedopornography

Illicit trafficking in narcotic drugs and psychotropic substances

Illicit trafficking of weapons, ammunition and explosives

Corruption

Fraud, including the aggrieved fraud of the financial interests of the European Communities,

within the meaning of the Convention of July 26, 1995 on the protection of interests

financial of the European Communities

Bleaching of the proceeds of crime

Falsification of currency, including the counterfeiting of the euro

Cybercrime

Crimes against the environment, including the illicit trafficking of endangered animal species and of

species and plant varieties threatened

Aid for irregular entry and permanence

Voluntary manslaughter, serious bodily offenses

Illicit trafficking of human organs and tissues

Abduction, kidnapping and taking of hostages

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

28

Racism and xenophobia

Organized robbery or the armed robbery

Illicit trafficking in cultural goods, including antiquities and works of art

Burla

Extortion of protection and extortion

Counterfeit and piratagem of products

Falsification of administrative documents and their trafficking

Falsification of means of payment

Trafficking of hormonal substances and other growth factors

Illicit trafficking in nuclear and radioactive materials

Trafficking of stolen vehicles

Violation

Fire put

Crimes covered by the jurisdiction of the International Criminal Court

Deviation by plane or ship

Sabotage

Conduct contrary to the rules governing road movement, including infringements of the

provisions relating to driving and rest times and the transport of goods

dangerous

Smuggling of goods

Violations of intellectual property rights

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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Threats and acts of violence against people, including when committed in the

scope of sporting events

Criminal vandalism

Theft

Offences defined by the State of issuance and covered by obligations to implement

arising from instruments adopted in the terms of the EC Treaty or Title VI of the

Treaty of the European Union.

If this quadricle is pointed out, state exactly what the provisions of the instrument

approved on the basis of the EC Treaty or the Treaty on the European Union with which it is

related to infringement:.... .............................................................................

..................................................................................................................

4. Where the offence or offences identified (s) under section 2 are not (m) provided for in the

paragraph 3, submit a full description of the offence or offences in question:....... ..

..................................................................................................................

..................................................................................................................

..................................................................................................................

h) Status of the decision imposing the financial penalty

1. Confirm that (mark the houses):

a) Whether it is decision-carried forward on trial

b) As much as it is from the knowledge of the authority issuing the certificate, it was not

delivered in the State of execution no decision against that person by the same acts

and no decision has been executed in that sense that has been handed down in any

another State other than the issuing State or the State of implementation.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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2. Indicate whether the action has been subject to written procedure:

a) No, the action was not subject to written procedure

b) Yes the action was subject to written procedure. It is confirmed that the person concerned,

under the terms of the legislation of the issuing state, was informed personally or by way of

a habilitated representative, in accordance with national law, of his / her right to contest the

action and time limits for appeal.

3. Indicate if the person concerned has appeared in the process:

a) Yes, the person in question attended

b) No, the person in question did not attend. It is confirmed that this person:

has been informed of the process personally or through its habilitated representative, from

in accordance with national law, under the legislation of the State of issuance

or

indicated that it does not contest the action

4. Partial payment of the penalty

Whether it has already been paid a portion of the sanction in the issuing state or, as much as it is from the

knowledge of the authority issuing the certificate, in any other State, indicate which the

paid amount:

..................................................................................................................

i) Alternative sanctions, including custodial sentences of freedom

1. Indicate whether the law of the State of issuance permits the application, by the State of implementation, of

alternative sanctions, should it not be possible to execute the decision that imposes a sanction, either

in full, either partially:

Yes

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 260 /X/4.

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No

2. In the affirmative, indicate that sanctions can be applied (nature of sanctions, level

maximum penalties):

Prison. Maximum period:.................................................................................

Provision of work in favour of the community (or equivalent). Maximum period:......

Other sanctions. Description:..............................................................................

..................................................................................................................

j) Other circumstances pertinent to the case (optional):.......................................

..................................................................................................................

..................................................................................................................

k) The text of the decision imposing the financial penalty will append to the certificate.

Signature of the authority issuing the certificate and / or its representative who attests to

correctness of the content of the certificate:..............................................................................

..................................................................................................................

Name..........................................................................................................

Function (title / degree):..............................................................................................

Data:............................................................................................................

Official stamp (eventually)