PROPOSED LAW NO. 295 /X/4.

Exhibition of Motives

A rule of law must investigate, judge and convict who to practice crimes and offer

conditions of recovery and reinsertion to those who have practiced these crimes. But must do

more. The state should support victims of crime as long as people who suffered a

intrusion into your sphere of freedom and seek to reduce feelings of insecurity,

offering means for the victims to be able to follow up and inform themselves about the

development of research and the criminal process and so that they can contribute

actively in achieving a solution to the conflict.

In this field, a number of measures have already been approved on the initiative of the Government. They highlight the

duty of the court to inform the victim of the date of release of the accused, in pretrial detention,

or from the convict as well as from the escape of inmates, when these may create danger to her

and the clarification of the right of the assistant, when he personally intercomes in representations, to be

accompanied by lawyer. In the same sense, the autonomization of the crime of " violence

domestic "of the crime of" ill-treatment " and the widening of the guardian's tutelage through the

equating to the marital relationship of other analogous relationships, from prediction of accessory feathers

as the removal of the agent in relation to the victim with possibility of control by

electronic surveillance, the ban on the use and possession of weapons, of the frequency obligation of

programs against domestic violence and inhibition of the exercise of parental power,

contribute to an elevation of protection and concern for the victim. Finally, the

introduction of mediation in criminal proceedings, aimed at realizing an idea of " justice

restorative ", that is, a proximity justice, more participated, more targeted at

repair of the victim, more effective for the re-insertion of the offenders and which contributes to the

restoration of social peace.

In the field of compensation of the victim for the damage he suffered, Portugal already has a

advance compensation scheme, on the part of the state, to victims of crimes

violent and the victims of marital violence. It is now time for the time to improve this

Regime through the introduction of novelties in four senses, in a new regime of

protection for victims of violent crime and domestic violence, which unifies in a single

diploma what before was dispersed by several.

So, first of all, the present proposal of law extends the situations in which the victims

you can get the advance of the compensation from the state as well as the type of

protection from which they benefit.

The right to advance payment of compensation is extended to more situations, including now,

in the case of victims of violent crime, all the damage they have as a result of

death or serious injury to their respective physical or mental health. It passes so as to allow the

advance of the compensation in two new situations: to the moral damage suffered by the

victim and the damage relating to crimes by negligence, which were excluded. The present

proposed law also comes to extend the right to the advance of the compensation, how much

to the facts practiced outside the national territory, to the citizens of the member states of the

European Union resident in Portugal who are not entitled to compensation in the

State on whose territory the damage was produced, following the case-law of the Court

of Justice of the European Communities.

In addition to this, the previous Commission for the Instruction of Requests for Compensation is extinguished

Victims of Crimes and created the Commission for Protection of Victims of Crimes, which now

goes on to be permanently available to give response to situations especially

urgent need to immediately assign a provision on account of the

compensation, when the victim is found to be in a situation of severe economic deficiency.

The innovative possibility of compensation by the State is still expected to consist of, in part,

in measures of social and educational support, as well as in therapeutic measures appropriate to the

physical, psychological and professional recovery of the victim, thus broadening the range of measures

of protection to the victim.

Second, the procedure for granting the advance of the advance is simplified.

compensation, ensuring an increment of the speed and proximity, to the benefit of the

victims.

Currently, the requirements for the granting of compensation by the state to the victims

of violent crime and conjugal violence are presented to the Commission, but the decision

final rests with the Minister of Justice. With the present proposal of law, the President and his

members go on to decide for themselves, with no need for other formalities. In addition, the

Commission passes to ensure a permanently available service, so as to ensure

the urgency that support for these victims may require. It is still expected, with the aim of

speed up these processes, that the submission of the applications and the tramway of the

procedure can be carried out by electronic means.

Third, the present proposed law welcomes measures for better management of the

resources available for the awarding of compensation advances, creating new

means of obtaining revenue.

On the one hand, the Commission for the Protection of Victims of Crimes is to be gifted a

own budget structure, which thus passes on a budget dedicated to the

support for victims of crime. On the other hand, it is anticipated that such budgetary structure may have

recipes based on mecenatic contributions, ending to the Chairman of the Commission a

active role in the catchment of these contributions.

It is finally allowed to transition from balances to the following management, precisely in the

component of own revenue, thus ensuring an incentive to obtain new

sources of funding by the Commission for the possibility of the use of resources in

later budget executions.

Finally, rules are introduced in the sense of a more rigorous verification of the

requirements for the granting of advances and compliance with the provisions of the present

law.

Thus, the Commission passes on more means to check the real economic situation

of the applicants, allowing themselves exclusively for that purpose to be consulted with databases

of the records.

More demanding rules have also been created for it to be effectively exercised the right

of return on those responsible for the damage, thus allowing the state to recover the

amounts of the compensation upfront. For this purpose, the advance is expected to

of the compensation from the State is communicated to the Prisonal Services by way of

that, in accordance with the penitentiary legislation, a portion of the inmates ' income is

affected to the payment of obligations of the convict, namely obligations of

compensation. Communication to the Court of Enforcement of the Penas shall also be provided for

for the latter to take into account the Commission's obligation to ressaration when it decides

on the approval of the convict's readaptation plan or on the implementation of measures

such as the granting of outputs or probation.

The present proposed law makes it possible to further collaboration between the Commission of

Protection for Victims of Crimes and public bodies, associations or other entities

private persons who provide support for victims of crime, admitting that these entities pass the

be able to re-forward the requests to the Commission and assist the Commission in the instruction of the

processes.

Consultations should be triggered to the Higher Council of the Magistrature, to the Council

Top of the Administrative and Fiscal Courts, to the Higher Council of the Ministry

Public, to the Council of Justice Officers, to the Order of Lawyers, to the House of

Solicitors, to the National Data Protection Commission, to the Market Committee of

Securities and the Bank of Portugal.

It should also be heard from the Commission for the Protection of Victims of Crimes.

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:

CHAPTER I

General arrangement

Article 1.

Subject

This Law shall approve the scheme applicable to the advance payment by the State of the indemniations

due to the victims of violent crime and domestic violence.

CHAPTER II

Compensation for victims of violent crime

Article 2.

Advance of compensation for victims of violent crime

1-The victims who have suffered serious damage to their respective physical or mental health

directly resulting from acts of violence, practiced in Portuguese territory or the

board of Portuguese ships or aircraft, are entitled to the granting of a

advance of the compensation for the State, even if they have not constituted or

they cannot constitute assistants in the criminal proceedings, when they find themselves

met the following cumulative requirements:

a) The injury has provoked a permanent disability, an inability

temporary and absolute for the work of at least 30 days or the death;

b) The injury has caused considerable disturbance to the victim or, in the case

of death, to the applicant;

c) No effective redress of the damage in execution of sentence has been obtained

condensation relating to the application deducted pursuant to Articles 71 to 84 of the

Code of Criminal Procedure or, if it is reasonably to predict that the delinquent

and responsible civilians do not come to repair the damage, without it being possible to obtain from

another source an effective and sufficient repair.

2-The right to obtain the advance provided for in the preceding paragraph covers, in the case of

death, the persons to whom, in accordance with Article 2009 (1) of the Civil Code, it is

granted a right to food and those which, pursuant to Law No. 7/2001, of 11 of

May, live in de facto union with the victim.

3-The right to advance payment of compensation remains even if it is not

known the identity of the author of the acts of violence or, for another reason, he does not

can be charged or convicted.

4-Are entitled to the advance of the compensation the persons who assist

voluntarily the victim or collaborate with the authorities in the prevention of the offence,

pursuit or detention of the delinquent, verified the constant requirements of the

points a) a c) of paragraph 1.

5-A grant of the advance of the compensation to the persons referred to in the number

previous is not dependent on the granting of compensation to the victims of injury.

6-When the act of violence sets up a crime against freedom and self-determination

sexual or against the minor, the verification of the requirement provided in the

point ( a ) of paragraph 1 if exceptional circumstances and duly substantiated the

advise.

Article 3.

Exclusion or reduction of the advance payment of compensation

1-The advance of the indemnity may be reduced or excluded by taking into account the

conduct of the victim or the applicant before, during or after the practice of the facts, their

relations with the author or his or her medium or when the one proves contrary to the

feeling of justice or the public order.

2-The provisions of this Chapter shall not apply when the damage is caused by a

ground motor vehicle, as well as if the rules on accidents of

work or in service.

Article 4.

Amount of advance and other means of ressaration

1-The advance of the indemnity is set in terms of fairness, having as limits

maximum, by each lessee, the value equivalent to 340 procedural account units

(UC) for the cases of death or serious injury.

2-In the cases of death or injury of several persons as a result of the same fact, the

advance of the indemnity has as the maximum limit the equivalent value at 300 AU

for each of them, with the maximum total corresponding to 900 UC.

3-If the advance of the indemnity is fixed in the form of annual income, the limit

maximum is equivalent to 40 UC for each injured, and may not surpass the amount

of 110 UC when they are several lessees by virtue of the same fact.

4-In the setting of the amount of the advance of the compensation is taken into account

all the importance received from another source, namely from the delinquent himself or

of social security.

5-Without prejudice to the provisions of the preceding paragraph, private life insurance or

personal accidents are only taken into account to the extent that the fairness o

demand.

6-In cases referred to in Article 2 (3), there is also place for an advance

of the compensation for damage of things of considerable value, having as a limit

maximum the value corresponding to 150 UC.

7-A The advance fixing of the advance to the compensation for outgoing profits has as a reference

the tax returns of the victim's income relating to the three years prior to

practice of the facts, as well as, in the case of death, that of the applicant.

8-In the event that no compensation has been granted in the criminal proceedings or outside

of it by fact solely attributable to the applicant, namely by not having

deducted claim for cable damages or because of him having given up, the maximum limit of the

amount of the advance of the compensation to be granted by the State is reduced to

half, save when exceptional circumstances and duly substantiated

advise otherwise.

9-Without prejudice to the application of the indemnifying criteria set out in this Law,

may still be conferred on the victims measures of social and educational support, as well as

therapeutics suitable for physical, psychological and professional recovery, in

compliance with the remaining applicable legal provisions, and in the framework of protocols to

celebrate between the Commission and relevant public and private entities on the grounds of

matter.

CHAPTER III

Compensation for victims of domestic violence

Article 5.

Advance payment of compensation to victims of domestic violence

1-The victims of the crime of domestic violence are entitled to the granting of a

advance of compensation for the state when they find themselves filled

cumulatively the following requirements:

a) Be in question the crime of domestic violence, provided for in Article 152 (1)

of the Criminal Code, practiced in Portuguese territory;

b) The victim unruns in a situation of severe economic deficiency as a result of the

crime mentioned in the previous paragraph.

2-A victim, as well as the applicants indicated in Article 10 (4) per solicitation or

in representation of this, they must report to the Commission for Protection of Victims of

Crimes all changes in your socio-economic or family situation, as well as

any other amendments prior to or subsequent to the decision to grant the

advance payment of the compensation that are likely to influence the sense of the

same.

3-A breach of the duty of information provided for in the preceding paragraph implies the

immediate cancellation of the payment of the amounts granted or the return of the

improperly received amounts.

4-Is applicable to applications for advance compensation for domestic violence the

provisions of Article 3 para.

Article 6.

Amount of the advance

1-The advance of the compensation to be granted to victims of domestic violence and the

fixation of your amount are determined in fairness judgement, depending on the serious

likelihood of verification of the assumptions of the compensation.

2-The amount referred to in the preceding paragraph shall not exceed the monthly equivalent to the

guaranteed minimum monthly consideration guaranteed during the six-month period, extended by

equal period.

3-It shall apply to victims of domestic violence the provisions of Article 4 (9).

CHAPTER IV

Commission for Protection of Victims of Crimes

Article 7.

Commission for Protection of Victims of Crimes

1-A Committee for the Protection of Victims of Crimes, henceforth designated Commission, is a

independent administrative body responsible, by itself or through its members,

by the granting of indemnification advances by the State to the victims of

violent crimes and domestic violence.

2-A The Commission shall consist of a President and a number of members, in a

minimum of two and a maximum of four, designated by the member of the Government

responsible for the area of justice, in terms to be fixed in the regulations laid down in the

article 24 para.

3-In addition to the President, the Commission may have at most two members a

exercise functions in full time.

4-Compete to the Commission:

a) Establish the guidelines that should be followed by the president and his

members, either in the decision of the applications for the advance of the compensation, or

in the decision to grant a provision on account of the advance of the

compensation to be fixed afterwards;

b) Without prejudice to the provisions of Articles 4 and 6, establish amounts

Indemnity to be awarded in function of types of situations;

c) Decide applications for advance compensation when the case entails

novelty in the face of previously decided cases or specificity that advises the

adoption of a deliberation that contravenes the guidelines laid down in paragraphs a)

or b) ;

d) To promote the exercise of the right of subrogation by the State, pursuant to the

articles 15 and 16, in the rights of the aggrieved against the author of the acts of violence

and persons with merely civil liability, within the limits of the

compensation provided;

e) Approve the annual report, which is to be published on the website of the

Commission;

f) Promote, in conjunction with other public or private entities, the

disclosure of the right of the victims to the advance of the compensation and the

competences of the Commission in that scope;

g) Exercise the remaining skills that are committed to you by law.

5-They may not be members of the Commission persons who have intervenor in any

process instituted by the fact that gives rise to the claim for damages.

6-A The Commission shall approve an annual report to be submitted to the Member of the Government

responsible for the area of Justice, containing, specifically:

a) Identification of the number of entrenched, pending and resolved processes in the year

in cause, as well as a comparative analysis of the last five years;

b) Identification of the overall amount of compensation advances awarded

and of the amounts that are transient to the following year;

c) Identification of the amounts allocated in relation to the types of crimes

established;

d) Decriminated identification of the percentage of the revenue obtained under the terms of the

points d) a h) of Article 9 (3);

e) Recommendations with a view to improving the functioning of the Commission, well

as the relationship with the public and private entities supporting the Commission

in the instruction and decision of the applications.

Article 8.

Competence of the President and the members

1-Compete to the President of the Commission:

a) Represent the Commission;

b) Convene and establish the order of proceedings of the meetings;

c) Chairing the meetings;

d) Managing and organizing the Commission, setting out in particular the distribution of

work, tasks and processes by the members of the Commission;

e) Organizing the services of the Commission, guaranteeing its permanent

functioning, in such a way as to meet the situations of severe economic deficiency

that require the granting of a provision, pursuant to Article 14 (5);

f) Request each member of the Commission for the necessary information to be prepared for the

meetings, in particular, with a view to the exercise, by the Commission, of the

competence provided for in ( c) of Article 7 (4);

g) Follow up the performance of the members of the Commission in the instruction and the decision

of the claims for damages;

h) Promoting compliance with the deliberations of the Commission and, in particular, of the

guidelines and limits set for compensation to be granted;

i) Ensure respect for the principles of stability and sustainability

budget, controlling the implementation of the budget depending on the

compensation awarded;

j) To actively promote the granting to the Commission of donations, contributions

mecenatics or third-party entities;

l) Exercise the remaining powers conferred upon it by law.

2-Compete to the President and the members of the Commission, in respect of the guidelines

fixed by the Commission, the decision of the applications for the advance of the compensation and the

requests for provision of provision on account of the advance of the indemnity,

when it is not in question one of the situations provided for in the paragraph c) of the Article 4 (4)

7.

Article 9.

Budget structure

1-The revenue and expenditure relating to the Commission shall constitute a subsector of the budget

of the General Secretariat of the Ministry of Justice, being the subject of an accounting record

autonomous.

2-A The Commission has its own tax identification number, under the terms of the and )

of Article 4 (1) of the Decree-Law No 129/98 of May 13.

3-Constitutions revenue of the Commission:

a) Those from budgetary allocations that are allocated to it in the

Budget of the State;

b) The transfers from the Institute of Financial Management and Justice Infrastructures;

c) The product of the fees and contributions that are affected to it;

d) The product of donations, inheritances, legacies or mecenatic contributions;

e) Those obtained in the context of the exercise of the right of sub-rogation of the State in the

victim credit on the responsible, as well as those arising from the refund

of the amounts in advance in cases in which the victim obtains repair, total or

partial, of the damage suffered;

f) The contributions of third-party entities;

g) Any other recipes assigned to it by law, contract or title.

4-The revenue referred to in points b) a g) of the preceding paragraph are entered in the budget

of the Commission as consignments with balance transition.

5-Constitutions expenditure of the Commission:

a) Those resulting from the allocation of compensation advances in the terms

of this Law;

b) The payment of the procedural costs in the context of the presentation of shares,

with a view to the reimbursement or exercise of the rights in which the State stands

subrogate due to the allocation of compensation advances;

c) The inherent ones in their functioning.

CHAPTER V

Procedure for granting the advance

Article 10.

Order

1-A The provision of advance payment of compensation from the State depends on

application submitted to the Commission by the persons referred to in Articles 2 and 5.

2-The application for the granting of the advance payment of the indemnity may be

presented by electronic data transmission, in the terms of the member's porterie

of the Government responsible for the area of justice.

3-The application model is approved by porterie of the Government member

responsible for the area of justice and must contain the essential information to the correct

exercise of the right by the applicant as well as allow the delivery of the elements

necessary for the correct instruction of the application, including in particular:

a) The indication of the amount of the indemnity sought;

b) An indication of any importance already received;

c) The indication of persons or public or private entities likely to, in the

either all or in part, come to carry out benefits related to the damage; and

d) The indication of having been granted any compensation and what your amount,

case has been deducted request for compensation in the criminal proceedings or outside

of it, or the mere indication of the process, should this one find itself pending.

4-Public entities, including the Public Prosecutor's Office, associations or other

private entities providing support to victims of crime can present the

application provided for in paragraph 1 by request or in representation of the victim, owing

do so necessarily by electronic data transmission, in the terms of porterie

of the member of the Government responsible for the area of justice.

Article 11.

Deadlines

1-The application for the granting of the advance payment of compensation by the State shall

be submitted to the Commission within one year of the date of the fact, under penalty

of expiry.

2-The minor at the date of the practice of the fact may submit the application for the grant of the

advance of the compensation from the State up to one year after a hit to

majority or be emancipated.

3-If criminal proceedings have been instituted, the time limits referred to in the preceding paragraphs

may be extended by the President of the Commission and expire after an

year on the decision that brings you term.

4-In any case, the President of the Commission may relive the effect of the expiry,

when the applicant alegues reasons that, justifiably, have impeded the

presentation of the application in good time.

Article 12.

Electronic tramping of the procedure

1-A The proceedings are carried out electronically in terms to be defined by

would pore from the member of the Government responsible for the area of justice.

2-A The electronic tramway of the processes guarantees the respective completeness, authenticity

and inviolability.

Article 13.

Instruction

1-Without prejudice to the provisions of the paragraph c) of Article 7 (4), the President or the Member

of the Commission responsible for the proceedings carries out all the instructional representations that if

revealing necessary may, in particular:

a) To hear the applicants and those responsible for the compensation, if it is necessary;

b) Access the complaints and shareholdings concerning criminal facts and any

parts of criminal proceedings instituted, yet pending final decision;

c) Access information on the professional, financial or social situation of the victim,

of the applicant or those responsible for the remediation of the damage to any

person, singular or collective, or any public entity.

2-A The Commission may still request the information it deems necessary to

tax administration or to credit establishments, when the victim, the applicant or

the person responsible for the repair of the damage refuse to provide them or if they exist founded

reasons in the sense that the same have the goods or resources they want

hide.

3-The information requested is not objectiable to professional or banking secrecy.

4-Exclusively for the purposes of ascertaining the economic condition of the victim or of the

applicant, the Commission may make the consultation of the data bases of the predial register,

commercial and automotive and other similar registrations or files.

5-Information obtained in the terms of the previous figures may not be used

for purposes other than the instruction of the application, its disclosure being prohibited.

6-Public or private entities providing support to victims of crime may

collaborate with the Commission on the probatory representations provided for in paragraph 1, pursuant to

define by porterie of the member of the Government responsible for the area of justice.

Article 14.

Decision of the application

1-A The statement is completed within the maximum term of one month.

2-Completed the instruction, the President or the member of the Commission shall decide immediately

on the granting of the indemnity and what the respective amount.

3-A The granting of the indemnity and the setting of the respective amount is deliberated by the

Commission, on a proposal from the President or the member responsible for the instruction,

when you check one of the situations provided for in the paragraph c) of Article 7 (4)

4-A The fixing of the indemnity amount is determined pursuant to Articles 4 and 6,

depending on the types of situations set by the Commission and obeying the guidelines

by this established.

5-Before the instruction has been completed, the member of the Commission for it responsible may, in

situations of obvious economic deficiency of the applicant, immediately grant a

provision on account of the advance of the compensation to be fixed thereafter.

6-A The Commission shall ensure a permanent internal operation in order to give

promptly response to the situations provided for in the preceding paragraph.

7-Public entities may collaborate with the Commission on the decision of the applications, in the

terms to be defined by portaria of the member of the Government responsible for the area of justice.

8-A The Commission communicates to the court where to run the process concerning the operative event

of the damage, solely by electronic means, the decision granting the advance of the

compensation.

CHAPTER VI

Rights of the State

Article 15.

Sub-rogation

1-The State, through the Commission, becomes subrogated in the rights of the aggrieved against the

author of the acts of violence and persons with merely civil responsibility, within

of the limits of the compensation provided.

2-For the purpose of exercising the rights referred to in the preceding paragraph the Commission is

supported legally by the Legal and Contencious Services Directorate of the

General Secretariat of the Ministry of Justice or contract the necessary legal services,

in the legally established terms.

3-For the purposes of the provisions of the preceding paragraphs, the proof of the advance of the

compensation, the model of which is approved by porterie of the member of the Government

responsible for the area of justice, has executive strength of its own and serves as a support

execution instituted.

4-When the author of the acts generators of the indemnity is in the execution of penalty

under the tutelage of prison services or social reinsertion services, the

compensation granted is communicated, preferentially by electronic means, to the

respective service, as well as the court of execution of the penalties, for the purposes

provided for in the legislation on the implementation of penalties and with a view to the right of

Commission to be ressarated by the responsible of the damage, by the advance of

compensation granted under this Act.

5-In the cases provided for in the preceding paragraph, the court of execution of the penalties shall,

at the time of the approval of the individual readaptation plan or when the decision

of applying for relaxation measures of the penalty, taking into consideration the duty of

compensation that falls on the reclusive.

6-The author of the acts of violence, the persons with merely civil liability and the

prison services or social reinsertion, in cases where the author of the acts

compensation generators are in the running of penalty under the respective tutelage, they must

inform the Commission of payments that are made to the victim on account of the

effective repair of the damage suffered.

Article 16.

Refund

1-When the victim, subsequently to the payment of the provision or compensation,

obtains, to any title, a repair or effective compensation of the damage

suffered, shall the Commission require the reimbursement, in whole or in part, of the importances

received.

2-The provisions of the preceding paragraph shall apply when, having been handed over the provision, if

ascertained subsequently that the compensation was not granted by non-filings

of the requirements referred to in Articles 2 and 5.

3-For the purpose of exercising the rights referred to in the preceding paragraphs the Commission is

supported legally by the Legal and Contencious Services Directorate, of the

General Secretariat of the Ministry of Justice or contract the necessary legal services,

in the legally established terms.

CHAPTER VII

Criminal responsibility

Article 17.

False information

1-Who obtains or attempting to obtain compensation pursuant to this Act on the basis of

in information that knows to be false or inaccurate is punishable with imprisonment up to three years

or fine.

2-Without prejudice to the provisions of the preceding paragraph, in the event of the falsity of the information to which

refers to point ( d) of Article 10 (3), the Commission shall require the reimbursement of the

amount eventually paid to the applicants, pursuant to the provisions of Article 16.

CHAPTER VIII

Application in space

Article 18.

General principle

1-A This Law shall apply to the facts provided for in Articles 2 and 5 committed outside the

Portuguese territory against Portuguese or citizens of Member States of the Union

European residents in Portugal, as long as they are not entitled to compensation for the

State on whose territory the damage was produced.

2-For the purposes set out in the preceding paragraph, it is up to the Commission to verify the existence or

not from the right to compensation of the applicant in the State in whose territory the damage was

produced.

Article 19.

Applicants with habitual residence in State member of the European Union

1-In the cases referred to in Article 2 (1) and Article 5 (1), when the applicant

have your usual residence in another member state of the European Union and have

submitted to the competent authority of that State a request for a grant of

advance payment of compensation payable by the Portuguese state, it is incumbent on the Commission to:

a) Receive the application transmitted by the competent authority of the Member State

of the habitual residence of the applicant;

b) To charge, within 10 days, the receipt of the application to the applicant and the authority

competent from the State member of your habitual residence and communicate the

contacts of the Commission and the likely deadline of the order decision;

c) Instruct and decide the application;

d) Communicate to the applicant and the competent authority of the Member State of their

habitual residence the decision on the granting of the advance of the

compensation.

2-For the purposes of the provisions of the c) of the previous number, the Commission may:

a) Request the competent authority of the State member of the habitual residence of the

applicant who promotes the hearing of this or any other person,

specifically a witness or an expert, as well as the sending of the respective

minutes of hearing;

b) Hear directly from the applicant or any other person, by

videoconference, requesting the competent authority of the member state of the

customary residence of the applicant the necessary collaboration.

Article 20.

Compensation for another member state of the European Union

1-In the event that a crime has been practised under this law in the territory of a

another member state of the European Union, the application for the granting of compensation

paying for that State may be submitted to the Commission, provided that the applicant

have your usual residence in Portugal.

2-Presented the application, it is incumbent on the Commission to:

a) Informing the applicant about the mode of filling the application for

request for compensation and on the necessary supporting documents or

on the delivery of the same by electronic means;

b) Transmit the application and the documents referred to in the preceding paragraph, in the

period of 10 days, to the competent authority of the Member State in whose territory

the crime was practiced;

c) Assist the applicant in the response to requests for supplementary information

requested by the competent authority of the Member State in whose territory the

crime was practiced, transmitting the responses, at the request of the applicant,

directly to that authority;

d) Provide, the request of the competent authority of the Member State in

whose territory the crime was practiced, the hearing of the applicant or of any

another person, transmitting the minutes of the hearing to that authority;

e) To collaborate with the competent authority of the Member State on whose territory the

crime has been practiced whenever this opts for the direct hearing of the applicant or

of any other person, in accordance with the legislation of that State,

particularly through telephone or video conferencing;

f) Receive the decision on the request for compensation transmitted by the authority

competent of the Member State in whose territory the crime was practiced.

Article 21.

Formalities in the transmission of applications

1-The applications and decisions referred to in Articles 19 and 20 are transmitted through

standardised requirements approved by decision of the European Commission, published

in the Official Journal of the European Union.

2-The applications and the documents submitted pursuant to Articles 19 and 20.

are dispensed with legalization or any other equivalent formality.

3-The services requested and provided by the Commission, under the provisions of the Articles

19. and 20, do not give way to any request for a refund of charges or expenses.

Article 22.

Language in cross-border situations

1-The requirements and other documents forwarded by the Commission, for the purposes of the

in the provisions of Articles 19 and 20, they are drawn up in one of the following languages:

a) Official language of the member state of the European Union to which those

applications and documents are sent;

b) Another language of that member state, provided that it corresponds to one of the languages

of the Community institutions;

c) Another language, as long as it corresponds to one of the languages of the institutions

community, and that member state has declared it to accept, pursuant to the

point ( b) of Article 13 (1) of Directive No 2004 /80/CE of the Council of

April 29.

2-The full text of the decision and the minutes of hearing, referred to, respectively, in the d)

of Article 19 (1) and (1) d) of Article 20 (2), may be transmitted in

Portuguese or English.

3-Without prejudice to the provisions of the following numbers, the Commission may refuse the receipt

of the applications and documents transmitted for the purposes of the provisions of Articles 19.

and 20 when the same are not drawn up in Portuguese or in English.

4-A The Commission may not refuse the receipt of the minutes of hearing referred to in para. a) of the n.

2 of Article 19, provided that it is drawn up in a language that corresponds to a

of the languages of community institutions.

5-A The Commission may not refuse receipt of the decision referred to in para. f) of paragraph 2 of the

article 20, provided that it is drawn up in a language provided for in the legislation of the

Member state that transmits it.

CHAPTER IX

Final provisions

Article 23.

Extinction of the Commission for the instruction of claims for compensation to victims of

violent crimes

1-With the entry into force of the regulatory decree provided for in Article 24 of the present

law and the taking of the members of the new Commission for Protection of Victims of

Crimes, extinguish the current Commission for the Instruction of Requests for Compensation

Victims of Violent Crimes, provided for in Article 6 of the Decree-Law No. 423/91, 30

of October and in the Regulatory Decree No. 4/93 of February 22, ceasing the

functions of its members.

2-Without prejudice to the provisions of the preceding paragraph, the Commission for the Protection of Victims of

Crimes succeeding, for all purposes, to the Commission for the Instruction of the Requests of

Compensation to Victims of Violent Crimes, being transferred to the first of the

processes that are pending in the second.

Article 24.

Regulation

The constitution, operation and exercise of the powers and duties of the Commission of

Protection for Victims of Crimes is regulated by regulatory decree.

Article 25.

Abrogation standard

They are revoked:

a) The Act No. 129/99 of August 20;

b) The Decree-Law No. 423/91 of October 30.

Article 26.

Application in time

Without prejudice to the provisions of the final part of Article 23 (2), this Law shall not apply

to the cases pending at the date of its entry into force.

Article 27.

Entry into force

This Law shall enter into force on January 1, 2010.

Seen and approved in Council of Ministers of May 21, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs