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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449324d4331594c6d527659773d3d&fich=ppl260-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 1 explanatory statement the principle of mutual recognition presents itself, since the Tampere European Council, held on 15 and 16 October 1999, as the cornerstone of judicial cooperation in the European Union and in the framework of the area of freedom security and justice characteristic of the process of European integration. Gradually, your presence has been extended, by push of diplomas of the Council of the European Union, the various domains. It is in this context that fits the framework decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, which pursues the objective of facilitating the implementation of such penalties in a Member State other than the State in which the sanctions are imposed. With regard to your content – in short – this framework decision posits the existence in each Member State, competent authorities able to communicate directly with the competent authorities of the other Member States, in view of the transmission or the reception and execution of decisions, duly certified, which entail the application of financial penalties. Likewise, describes and regulates the procedures necessary for the transmission, reception and enforcement. In some cases, exhaustively listed in the framework decision, the recognition of decisions by the authorities of the receiving State does not depend on any formalities other than those provided for in the diploma itself. In all other, recognition and enforcement may be subject to the condition of being concerned a behavior that constitutes an offence under the law of the executing State. However – and for either of these two situations – no longer be grounds for non-recognition and non-execution.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th framework decision 2 referred to several other aspects, such as the law applicable to the execution (by setting this as the law of the executing State), the way of determining the amount to be paid, the terms in which it is possible to apply alternative sanctions in case of non-recovery of penalty , the admissibility of granting amnesty or pardon to the issuing State or the executing State, the exclusive assignment to the issuing State of competence to review resource assessment, the cessation of execution, the allocation of the amounts resulting from the enforcement of decisions, the costs of language or languages process likely to use. In this draft law transposing, in view of the desire, expressed in the framework decision, direct communication between the competent authorities of the various Member States, the courts competent to protagonizarem the process of mutual recognition. Thus, in cases where Portugal is presented as the issuing State, the decision will be for the Court itself which has taken the decision. In cases where the decision, including imposition of a fine, is taken by an administrative authority, the transmission will compete to the competent court for your implementation. When Portugal already appears as the executing State, will be the Court of the habitual residence or registered office – depending on the person against whom the decision has been taken is a natural or legal person – the situation of the goods or the place in which to produce income. Were heard the Superior Council of the judiciary, the Attorney-General's Office and the Bar Association. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 3 Chapter I General provisions Article 1 subject-matter 1-this law establishes the legal regime of emission and transmission, Portuguese judicial authorities , of pecuniary sanctions decisions, with a view to your recognition and your running in another Member State of the European Union, as well as recognition and enforcement, in Portugal, of pecuniary sanctions decisions taken by the competent authorities of the other Member States of the European Union, internal legal order transposing the framework decision No. 2005/214/JHA , of the Council of the European Union, of 24 February. 2-the execution in the European Union of the implementing decisions of penalty charges is based on the principle of mutual recognition and carried out in accordance with the provisions of framework decision 2005/214 number/JHA of the Council of the European Union, of 24 February. 3. this law shall not affect 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 help to simplify or facilitate the procedures for the application of financial penalties. Article 2 Definitions 1-for the purposes of this law: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 4 a) «Decision», a final decision by which a financial penalty is imposed on a natural or legal person, where the decision has been taken by: i) A court of the issuing State by a criminal offence in accordance with the law of the issuing State; II) an authority of the issuing State other than a court, for a criminal offence by the law of the issuing State, provided that the person concerned has had an opportunity to be judged by a court having jurisdiction in particular in criminal matters; III) an authority of the issuing State other than a court in respect of acts which are punishable under the law of the issuing State by constitute infringements of rules of law, provided that the person concerned has had an opportunity to be judged by a court having jurisdiction in particular in criminal matters; IV) the court having jurisdiction in particular in criminal matters, on which the decision was rendered in accordance with the previous article. b) «penalty», the obligation to pay: i) a sum of money after conviction for an offence, imposed by a decision; II) compensation established under the same decision for the benefit of victims, when these cannot be civil party to the proceedings and the Court is acting in the exercise of your criminal jurisdiction; III) a sum of money on at the expense of judicial or administrative proceedings leading to decisions;

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Draft law No. 260/X/4th iv 5) a sum of money payable to a public fund or a victim support organisation, given in the context of that decision. c) "issuing State" means the Member State in which it has been rendered a decision; d) "executing State" means the Member State of the European Union which has been handed down a decision for the purposes of execution. 2-for the purposes of this Act, do not consider themselves financial penalty: the) decisions of confiscation of instrumentalities or proceeds of crime; b) decisions of civil nature, arising out of a claim for damages and restitution that enforceable, pursuant to Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Article 3 scope of application 1-shall be recognised and enforced without verification of the double criminality of the pecuniary sanctions decisions that respect the following facts, since, in accordance with the law of the issuing State, these are punishable: the) participation in a criminal organisation; b) Terrorism; c) trafficking in human beings; d) sexual exploitation of children and child pornography; e) trafficking in narcotic drugs and psychotropic substances;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 6 f) trafficking in weapons, munitions and explosives; g) Corruption; h) Fraud, including fraud affecting the financial interests of the European communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities ' financial interests; I) laundering of proceeds of crime; j) Counterfeiting currency, including the euro; l) computer-related crime; m) environmental crime, including trafficking in endangered animal species and in endangered plant species and varieties; n) facilitation and the irregular stay; the) murder, grievous bodily harm; p) trafficking in human organs and tissues; q) kidnapping, illegal restraint and hostage-taking; r) racism and xenophobia; s) organised or armed robbery; t) trafficking in cultural goods, including antiques and works of art; u) Fraud; v) racketeering and extortion; x) counterfeiting and piracy of products; z) forgery of administrative documents and trafficking; AA) Forgery of means of payment;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 7 ab) trafficking in hormonal substances and other growth promoters; AC) trafficking in nuclear or radioactive materials; ad) trafficking in stolen vehicles; AE) Violation; AF) arson; AG) Crimes within the jurisdiction of the International Criminal Court; Ah) unlawful seizure of aircraft or vessel; AI) Sabotage; AJ) conduct which infringes the rules of the road or the system of driving and rest times and the transport of dangerous goods; Al) smuggling of goods; am) Infringement of intellectual property rights; an) threats and acts of violence against persons, including when committed within the framework of sport events; criminal Vandalism); AP) theft; and aq) offences defined by the issuing State and covered by implementing obligations arising from instruments adopted under the Treaty of the European Community or under Title VI of the Treaty on European Union. 2-in the case of facts not mentioned in the preceding paragraph, the recognition and enforcement of a decision by the Portuguese judicial authority shall be subject to the condition of the decision refer to the facts constituting an offence punishable by law, regardless of their constituent elements or of your qualification in the law of the issuing State.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 8 article 4 communications between competent authorities 1-all official communications are made directly between the competent authorities of the issuing State and the executing State by any means capable of obtaining a written record of those and in conditions which allow the verification of your authenticity. 2-the provisions of the preceding paragraph shall not affect the transmission to the United Kingdom and to Ireland, accompanied by the certificate is carried out through the respective central authorities or other authorities designated for this purpose, if those Member States make declaration to that effect, deposited with the General Secretariat of the Council of the European Union and notified to the Commission. 3-communications are translated in one of the official languages of the executing State or in another 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 European Union. Article 5 Amnesty and pardon amnesty and forgiveness can be granted by the issuing State and the executing State. Article 6 assignment of sums resulting from the execution of the amounts resulting from the enforcement of decisions shall accrue to the executing State, unless otherwise agreed between the issuing State.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 9 Article 7 Charges the Portuguese State resigns, in conditions of reciprocity, to reimbursement of the costs of the execution of decisions of pecuniary sanctions. Chapter II issue, content and transmission by the Portuguese authorities, of penalty enforcement decision article 8 competent Portuguese Authority for issuing jurisdiction to send the decision to penalty application and forward it to the competent authority of the executing State: a) the Court which has taken the decision; or b) in the case of the decision have been taken by an administrative authority, the Court responsible for the execution. Article 9 transmission of decision 1-the decision, or your certified copy, accompanied by a certificate in accordance with the model in the annex to this law, can be transmitted to the competent authorities of a Member State of the European Union in the territory of which the natural or legal person against whom the decision has been issued has property or income, is normally resident or your in the case of legal persons, have your registered office. 2-the certificate is translated into the official language of the executing State, one of its official languages or, where this is accepted by the State of enforcement, for an official language of the institutions of the Union.

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3-the certificate must be signed by the issuing authority, which shall certify the accuracy of your content. 4-the decision, or your certified copy, as well as the certificate is transmitted directly by the issuer to the competent authority of the executing State, in conditions which allow the verification of your authenticity by the executing State. 5-in the case of the issuing authority does not know the competent authority of the executing State, requests that information to the latter by all means, including via the contact points of the European judicial network. 6-the original decision or your certified copy, as well as the original of the certificate, are sent to the executing State if the latter so requests. 7-in each case, the issuing authority shall send the decision to one executing State. Article 10 Duty execution State information 1-authority issuer shall without delay inform the competent authority of the executing state of any decision or measure which would negate the enforceability of the decision or remove the executing State for any other reason, the responsibility for such implementation. 2-If, after the transmission of a decision in accordance with the previous article, a Portuguese authority receive a sum of money that has been paid voluntarily by the person convicted, the title of the decision, that authority shall promptly inform the competent authority of the executing State. 3-in the case referred to in the preceding paragraph, the amount paid will be deducted from the amount in full to run.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 11 article 11 consequences of transmission of a decision the issuer authority cannot continue the execution of a decision transmitted pursuant to article 9, without prejudice to the provisions of the following article. Article 12 jurisdiction for implementing recovery 1-authority issuer retrieves the competence for the enforcement of a decision transmitted pursuant to article 9 a) after being informed by the competent authorities of the executing state of the total or partial non-implementation of the decision; b) after being informed by the competent authorities of the executing state of your refusal to recognise or execute the decision, without prejudice to the provisions of paragraph 2; c) whenever, pursuant to article 9, the competent authorities of the executing State are informed that the responsibility for implementing them was withdrawn. 2-in the cases referred to in point (b)) of the preceding paragraph, the issuer does not recover the competence for the implementation of the decision is the refusal of recognition or enforcement of the decision result: a) the existence of a judgment against the sentenced person, in respect of the same acts, in the executing State; (b)) of the existence and enforcement of a judgment against the sentenced person, in respect of the same acts, in a State other than the issuing and execution; c) granting amnesty or pardon by the executing State; or PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/12 d 4) Of opposition founded on suspicion of violation of fundamental rights or fundamental legal principles as enshrined in article 6 of the Treaty on European Union. Article 13 review of decision the Portuguese State may decide on the appeal of the review decision, without prejudice to the Faculty of the executing State, in case of impossibility of execution, in whole or in part, be able to apply alternative sanctions, where this is provided for in your national legislation and the issuing authority has laid down in the certificate. Chapter III recognition and enforcement, in Portugal, of applying penalty decision issued by a foreign authority section I article 14 Refusal Causes for refusal of recognition and enforcement 1-competent judicial authority refusing the recognition and the enforcement of the decision when: a) the certificate is not provided, is incomplete or manifestly does not correspond to the decision; b) has been issued, in Portugal, a decision on the same person and the same facts; (c)) has been issued and enforced a decision concerning the same person and the same facts in another State;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 13 d) decision has been taken against irresponsible person on grounds of age, in accordance with Portuguese law, in relation to the facts on which the decision was given; and there is a second immunity) to Portuguese law, that prevents the execution of the decision; f) according to the birth certificate, and in the case of a written procedure, the person concerned has not been regularly notified, in accordance with the law of the issuing State, your right to challenge the action and of the time limits for appeals; g) according to the certificate, the person concerned has not come, unless the certificate stating that: i) Was notified of the process on a regular basis, in accordance with the law of the issuing State; or ii) has indicated that it does not contest the action. 2-in the cases referred to in (a)), f) and (g)) of the preceding paragraph, before deciding for the non-recognition and non-execution, partial or total, the judicial authority shall consult, by all appropriate means, the competent authority of the issuing State and ask you, where appropriate, the rapid provision of all necessary information. Article 15 causes of voluntary refusal of recognition and enforcement 1-competent judicial authority can refuse the recognition and the enforcement of the decision when:) the decision relates to facts which do not constitute an offence punishable by law, provided that the offence not included in paragraph 1 of article 3;

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b) decision refer to facts: i) Committed in whole or in part, in Portuguese territory or in a place considered as such by the Portuguese law; or ii) Committed outside the territory of the issuing State, provided that Portuguese law does not apply to the same acts when committed outside the national territory. c) have elapsed the time limits of the criminal procedure or, in accordance with Portuguese law, since the Portuguese courts are competent for the knowledge of the facts referred to in the decision; d) the birth certificate indicates that fundamental rights or fundamental legal principles as enshrined in article 6 of the Treaty on European Union have been complied with; and) the financial penalty is less than € 70 or the equivalent of this amount. 2-in the cases referred to in (c)) and (d)) of the preceding paragraph, before deciding for the non-recognition and non-execution, partial or total, the judicial authority shall consult, by all appropriate means, the competent authority of the issuing State and ask you, where appropriate, the rapid provision of all necessary information. Section II procedure for recognition and enforcement of decision article 16 competent Portuguese Authority for execution 1-is competent to perform in Portugal a decision applying to financial penalty the Court of the habitual residence or registered office, depending on the person against whom the judgment was given is a natural person or legal entity.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 15 2-if not known to habitual residence or registered office, the Court of the situation of the assets of the person or the place in which they produce their incomes. Article 17 of decision recognition and enforcement 1-Received the decision, duly transmitted by the competent authority of the issuing State, the judicial authority must immediately take the necessary measures to your execution, without prejudice to articles 14 and 15-2 When the certificate is not translated into Portuguese or another official language of the institutions of the Union that Portugal declare to accept one returned to the competent authority of the issuing State for their translation. 3-When the judicial authority deems necessary a translation of the decision of the issuing State may suspend your running for the time necessary to the translation in Portugal, at the expense of the Portuguese State. 4-when there is competent, the judicial authority that received the decision shall automatically transmit the decision to the competent authority and inform it rapidly the competent authority of the issuing State. Article 18 law enforcement the enforcement of the decision shall be governed by the provisions of Portuguese law governing the enforcement of penalty enforcement decision of the same nature given in Portugal, without prejudice to articles 21 and 22 of COUNCIL of MINISTERS PRESIDENCY Proposal of law No. 260/X/4th 16 Article 19 determination of amount payable 1-Always proven that decision concerns the facts committed in the territory of the issuing State judicial authority reduces the amount of the sanction to perform to the maximum amount provided for in Portuguese law to the facts of the same nature, if the jurisdiction of the Portuguese State facts. 2-the judicial authority must, if necessary, convert the amount of the penalty in euro at the exchange rate in force at the time when the penalty was imposed. Article 20 the Deduction amount payable 1-If the convicted person can provide proof of payment, in whole or in part, in any State, the judicial authority shall consult, by all appropriate means, the competent authority of the issuing State and ask you, where appropriate, the rapid provision of all necessary information. 2-in the case referred to 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 be applied. Article 21 execution of decision concerning legal persons The financial penalties imposed on a legal person are executed even if Portuguese law does not provide for liability of legal persons for the facts in question.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 17 article 22 Prison or other alternative sanction in case of non-recovery of financial penalty 1-where it is not possible to perform all or part of a decision, the judicial authority may, where this is provided for in Portuguese law for non-payment of financial penalties , apply alternative sanctions, including, in the case of fine penalty, prison subsidiary, provided that the issuing State has provided for the application of alternative sanctions in the certificate. 2-the measure of the alternative sanction is determined in accordance with Portuguese law, but may not exceed the maximum level indicated on the certificate transmitted by the issuing State. Article 23 revision of decision only the issuing State may decide on the appeal of the review decision, without prejudice to the provisions of the previous article. Article 24 Termination of executing judicial authority puts an end to the execution of the decision as soon as it is informed by the competent authority of the issuing State of any decision or measure which would negate the enforceability of the decision or withdraw to Portugal, for any other reason, the responsibility for such implementation. Article 25 obligation to inform the issuing State judicial authority shall promptly inform the competent authority of the issuing State: a) The transmission of the decision to the competent authority, in accordance with article 17;

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b) Of any decision to refuse recognition or enforcement of a judgment, in accordance with articles 14 or 15, accompanied by the reasons therefor; c) Of total or partial non-implementation of the decision because of: i) The reduction in the amount of the penalty to be applied to the maximum amount provided for in Portuguese law to facts of the same nature, if the facts of the Portuguese State, in accordance with the provisions of paragraph 1 of article 19; II) amount of penalty conversion in euro at the exchange rate in force at the time when the penalty was applied, in accordance with the provisions of paragraph 2 of article 19; III) decision on the rules of the implementation and the establishment of related measures, including as regards reasons of cessation of execution, in accordance with the provisions of article 18; IV) Of full deduction of any amount paid amount to arguably apply in Portugal, in accordance with the provisions of article 20; and v) granting amnesty or pardon, in accordance with the provisions of article 5 (d)) of the implementation of the decision that is complete; and e) the application of alternative sanctions, pursuant to article 22. Chapter IV transitional and final provisions article 26 transitional provision this law shall apply to decisions taken after your entry into force, even if the same referring to facts committed previously.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 19 article 27 entry into force this law shall enter into force 60 days after your publication.

Seen and approved by the Council of Ministers of 11 March 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 20 ANNEX a certificate referred to in article 9 a) * issuing State: .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * Estado de execução: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b) authority that issued the decision imposing the periodic penalty payment: official designation:............................................................ Endereço: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referência do processo (…) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phone: (country code) (area code).................................. Fax: (country code) (area code) ... ... ... ... ... ... ... ... ... ... ... ... E-mail (se disponível): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Languages in which it is possible to communicate with the issuing judicial authority ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... The contact person (s) to contact in order to obtain additional information for the purposes of enforcement of the decision or, where appropriate, for the purposes of transfer to the issuing State of amounts resulting from running (name, title/degree, telephone number, fax number and, if available, email address) ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 21............................................................................ c) competent authority to execute the decision imposing the periodic penalty payment in the issuing State [if not the authority referred to in point (b))]: official designation:........................................................................................................................................ Endereço: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phone: (country code) (area code).................................. Fax: (country code) (area code) ... ... ... ... ... ... ... ... ... ... ... ... E-mail (se disponível): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Languages in which it is possible to communicate with the competent authority for execution ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... The contact person (s) to contact in order to obtain additional information for the purposes of enforcement of the decision or, where appropriate, for the purposes of transfer to the issuing State of amounts resulting from running (name, title/degree, telephone number, fax number and, if available, email address): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... d) Case has been designated a central authority for the transmission of administrative decisions imposing financial penalties on issuing State: name of the central authority:............................................................................................................................... .

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Pessoa eventualmente a contactar (título/grau e nome): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endereço: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referência do processo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phone: (country code) (area code).................................. Fax: (country code) (area code) ... ... ... ... ... ... ... ... ... ... ... ... E-mail (se disponível): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e) authority or authorities which may be contacted [case have been filled (s) (s) paragraph (s) c) and/or (d))]: authority referred to in subparagraph (b)): Can be contacted in respect of the following issues: ... ... ... ... ... ... ... ... ... .... Authority referred to in subparagraph (c)): Can be contacted in respect of the following issues: ... ... ... ... ... ... ... ... ... .... Authority referred to in subparagraph (d)): Can be contacted in respect of the following issues: ... ... ... ... ... ... ... ... ... .... f) data relating to the natural or legal person to whom a penalty has been imposed: 1. In c a s d e a p e s a s i n g u l a r last name: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Nome(s) próprio(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maiden name (if applicable): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Nicknames and aliases (if any):........................................

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 23 gender: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Nacionalidade: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The identity card number or social security number (if available):........ . Data de nascimento: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local de nascimento: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Último paradeiro conhecido: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Language or languages that the person understands [when known (s)]:................................................................................... the decision is communicated) if the executing State due to the fact that the person against whom the decision was made in him reside habitually, add the following information: habitually resident in the executing State: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... . b) if the decision is communicated to the executing State due to the fact that the person against whom the decision was made to possess assets in the executing State, add the following information: description of goods of the person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Location of the assets of the person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... c) If the decision is communicated to the executing State due to the fact that the person against whom the decision was made have income in the executing State, add the following information: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 24


Description of the source (s) of the person's yield: ... ... ... ... ... ... ... ... ... ... .... Location of the source (s) of the person's yield: ... ... ... ... ... ... ... ... ... ... 2. No c a s o d e uma p e s s o a c o l e c t i v a : Designação: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forma de pessoa colectiva: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal entity identification number (if available) (1):...................... . Registered office (if available) (1):............................................... Endereço da pessoa colectiva: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the decision is communicated) if the executing State because the legal person against whom the decision was made to possess assets in the executing State, add the following information: Description of the assets of the legal person:.......................................... Location of the assets of the legal person:..................................................................................................................... b) If the decision is communicated to the executing State because the legal person against whom the decision was made have income in the executing State, add the following information: Description of the source (s) of the legal person income:.......................... Location of the source (s) of the legal person income:..................................................................................................... g) Decision imposing a financial penalty: 1. Nature of the decision imposing a financial penalty (tick the appropriate House): PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 25 i) decision of a Court of the issuing State in respect of a criminal offence, in accordance with the law of the issuing State ii) Decision of an authority of the issuing State other than a court in for a criminal offence, in accordance with the law of the issuing State. It is confirmed that the person concerned had the opportunity to be judged by a court having jurisdiction in particular in criminal matters iii) Decision of an authority of the issuing State other than a court in respect of acts which are punishable under the law of that State by virtue of being infringements of the rules of law. It is confirmed that the person concerned had the opportunity to be judged by a court having jurisdiction in particular in criminal matters iv) Decision of a court having jurisdiction in particular in criminal matters, in relation to a decision within the meaning of point (a) (iii)) the decision was made on (date)................................................. (1) If the decision is communicated to the executing State because the legal person against whom the decision was made to have the registered office in this State, it is compulsory to indicate the registration number and registered office. The decision became final on (date)......................................... Decision reference number (if available):................................... The financial penalty constitutes an obligation to pay [signal (s) (s) (s) and indicate (s) amount (s), with indication of the currency]: i) a sum of money after conviction for an offence, declared on decision. Montante: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 26


II) compensation established under the same decision for the benefit of victims, when these cannot be civil party to the proceedings and the Court is acting in the exercise of your criminal jurisdiction. Montante: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III) a sum of money on at the expense of judicial or administrative proceedings leading to decisions. Montante: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV) a sum of money payable to a public fund or a victim support organisation, given in the context of that decision. Montante: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Montante total da sanção pecuniária, com indicação da divisa: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Exposição sumária dos factos e descrição das circunstâncias em que a(s) infracção/infracções foi/foram cometida(s), incluindo a hora e o local: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nature and legal classification of the offence/offences and statutory provision/Code apply, based on/in which the decision was made: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 27............................................................................ 3. When the offence or offences identified in paragraph 2 constitutes (m) one or more of the following offences, confirm this fact, noting the House (s) (s): Participation in a criminal organisation Terrorism human trafficking sexual exploitation of children and child pornography illicit traffic in narcotic drugs and psychotropic substances, illicit trafficking in weapons, munitions and explosives Corruption Fraud, including fraud affecting the financial interests of the European communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities ' financial interests, laundering of proceeds from crime counterfeiting, including counterfeiting of the euro cyber crime environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties to Aid entry and irregular stay murder grievous bodily harm, illegal trafficking in human organs and tissues kidnapping, illegal restraint and hostage-taking PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th 28 Racism and xenophobia organised or armed robbery illicit trafficking in cultural goods, including antiques and works of art Fraud racketeering and extortion, counterfeiting and piracy of products forgery of administrative documents and trafficking counterfeit payment means trafficking in hormonal substances and other factors growth of illicit trafficking in nuclear or radioactive materials trafficking in stolen vehicles Violating arson Crimes within the jurisdiction of the International Criminal Court hijacking or Sabotage ship Conduct contrary to the rules governing road traffic, including infringements of the provisions on driving and rest periods and the transport of dangerous goods smuggling of goods intellectual property rights violations, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/4th

29 threats and acts of violence against persons, including when committed in the context of sports events Vandalism Theft criminal offences defined by the issuing State and covered by implementing obligations arising from instruments adopted under the EC Treaty or title VI of the Treaty on European Union. If ticked this box, please indicate precisely which provisions of the instrument adopted on the basis of the EC Treaty or the Treaty on European Union that is related to infringement: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4. When the offence or offences identified in point 2 is not (m) envisaged in paragraph 3, submit a full description of the offence or offences concerned: ... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h) Estatuto da decisão que impõe a sanção pecuniária 1. Confirm that (tick houses): a) it comes to final decision b) as far as is known to the authority issuing the certificate, it was not delivered in the executing State any judgment against that person for the same acts and did not run any decision that has been issued in any State other than the issuing State or the executing State.

PRESIDENCY OF THE COUNCIL OF MINISTERS



Draft law No. 260/X/4th 30 2. Indicate whether the action was subject to written procedure: a), the action was not subject to written procedure b) Yes the action was subject to a written procedure. It is confirmed that the person concerned, in accordance with the law of the issuing State, informed personally or through an authorized representative, in accordance with national law, of your right to challenge the action and of the time limits for appeals. 3. Indicate whether the person in question appeared in the process: a) Yes, the person concerned attended b), the person concerned did not attend. It is confirmed that this person: was informed personally process or through your authorized representative, in accordance with national law, in accordance with the law of the issuing State or indicated that it does not contest the action 4. Partial payment of the penalty if it had been a part of the sanction in the issuing State or, as far as is known to the authority issuing the certificate, in any other State, indicate which amount paid:............................................................................ I) alternative sanctions, including custodial sentences 1. Indicate whether the law of the issuing State allows, by the executing state of alternative sanctions, if it is not possible to execute the decision imposing a sanction, either wholly, partly: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 260/X/31 2 Not 4. If Yes, indicate that sanctions can be applied (nature of the sanctions, maximum level of penalties): Prison. Período máximo: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of community work (or equivalent). Maximum: ... .... Other sanctions. Descrição: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j) Outras circunstâncias pertinentes para o processo (facultativo): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k) the text of the decision imposing the periodic penalty payment will attached to the certificate. Signature of the authority issuing the certificate and/or your representative attesting to the accuracy of the content of the certificate: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... Nome: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Função (título/grau): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Data: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official stamp (if applicable)