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Establishes The Legal Framework Of The Issue Of Recognition And Enforcement Of Decisions On Supervision Measures Of Coercion As An Alternative To Pre-Trial Detention, As Well As The Delivery Of An Individual Between Member States In Case Of Non-Complia...

Original Language Title: Estabelece o regime jurídico da emissão, do reconhecimento e da fiscalização da execução de decisões sobre medidas de coação em alternativa à prisão preventiva, bem como da entrega de uma pessoa singular entre Estados membros no caso de incumprimento das

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CHAIR OF THE COUNCIL OF MINISTERS

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Proposal for Law No 272 /XII

Exhibition of Motives

The principle of mutual recognition, enshrined in the conclusions of the European Council

of Tampere, 1999, reiterated in the Hague Programme, 2004, and reaffirmed in the Programme

from Stockholm, from 2010, appears as a key element of judicial cooperation

in criminal matters, in the European Union. The European Union has set itself the goal of the creation of

a space of freedom, of security and of justice, being for so much indispensable that

all Member States have the same interpretation, in their main elements,

of the concepts of freedom, security and justice, on the basis of the principles of freedom, of the

democracy, respect for human rights and fundamental freedoms. Ora, the

principle of mutual recognition, now enshrined in the Treaty of Lisbon, implies the

strengthening mutual trust, progressively developing a judicial culture

european, based on the diversity of legal systems and the drive arising from the right

European.

This corollary, to be effective and concretize the targeted purposes, has to have

necessarily transversal application in the field of criminal law. In this context

is of particular importance to Council Framework Decision No 2008 /909/JAI, of the Council, 27

of November 2008, and Council Decision-Table No. 2008 /947/JAI of the Council of 27 of

november 2008, with the essay being given to them by the Framework Decision

n 2009 /299/JAI of the Council of February 26, 2009, as well as the Framework Decision

n 2009 /829/JAI of the Council of October 23, 2009 on the application of the

principle of mutual recognition to decisions on control measures in alternative to

preventive detention, which is now transposing.

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This latest Framework Decision aims to strengthen the protection of the general public by allowing it to

a person resident in a Member State, but who is argued in a criminal case

in another Member State, be supervised by the authorities of the State where it resides

pending the trial. It allows, thus, to control the movements of the accused,

ensuring the protection of the general public and allowing the application of measures

different from pretrial detention is possible, because the surveillance of them, yet

out of the national territory, it becomes also possible. It strengthens, for, as well, the

right to freedom and the presumption of innocence, by sidelining, when appropriate, the imposition ab

initio of pretrial detention, more gravy measure and clearly more stigmatizing. Imposes

still, for the same reasons, an egalitarian treatment of the defendants, whether or not

residents in the state of the process.

In this context, this Act establishes a regime for the recognition and surveillance of

decisions that apply coating measures issued by other Member States, in the

framework of a criminal case, as well as the corresponding application process

of recognition and surveillance by another Member State of decisions that apply

coating measures in criminal proceedings to be carried out in the internal jurisdiction.

The Higher Council of the Magistrature was heard, the Higher Council of the Ministry

Public, the House of Solicitors, the Syndicate of the Magistrates of the Public Prosecutor's Office, the

Order of Lawyers and the Superior Council of Administrative and Fiscal Tribunals.

It was promoted to hear from the Officers 'Syndicate of the Officers' Association of the Officers

of Justice, of the Sindical Association of Portuguese Judges, of the Council of Officers of

Justice, of the Union of Judicial Officials, of the Lisbon District Council of the Order

Counsel, of the District Council of the Port of the Bar of the Lawyers, of the Council

Coimbra District of the Order of Lawyers, of the District Council of Évora of the Order

Counsel, of the Faro District Council of the Order of Lawyers, of the Council

District of the Azores of the Order of Lawyers and the District Council of Madeira da

Order of Lawyers.

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Thus:

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

Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Object

This Law establishes the legal regime of the issuance, recognition and surveillance

of the implementation of decisions on coating measures in alternative to preventive detention, well

as of the delivery of a natural person between Member States in the case of

non-compliance with the measures imposed, transposing to the internal legal order to

Council Decision-Table No 2009 /829/JAI of October 23, 2009 on the

Application, among the Member States of the European Union, of the principle of recognition

mutual to decisions on control measures, in alternative to pre-trial detention.

Article 2.

Definitions

For the purposes of this Law, it is understood by:

a) "Decision on coating measures", an enforceable decision taken in the course

of a criminal case by a competent authority of the issuing State, in

compliance with the right respect and internal procedures, which imposes the

a natural person, in alternative to pretrial detention, one or more measures of

coating;

b) "State of issuance", the Member State where the decision has been pronounced

coating measures;

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c) 'State of implementation', the Member State where the measures of

coating;

d) "Coating measures", the obligations and rules of conduct imposed on a person

singular, in accordance with the right and with the internal procedures of the

State of issue.

Article 3.

Scope of application

1-Are recognized, without control of the double incrimination of the fact, the decisions on

coating measures that respect the following infractions, provided that, in accordance with the law

of the issuing state, these are punishable with deprivative sentence of freedom of duration

maximum not less than three years:

a) Participation in a criminal organisation;

b) Terrorism;

c) Trafficking in human beings;

d) Sexual exploitation of children and pedopornography;

e) Illicit trafficking in narcotic drugs and psychotropic substances;

f) Illicit trafficking in arms, ammunition and explosives;

g) Corruption;

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

Europeans in the acetment of the Convention of July 26, 1995 on the Protection of

of the Financial Interests of the European Communities;

i) Bleaching of the proceeds of crime;

j) Falsification of currency, including the counterfeit of the euro;

k) Cybercrime;

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l) Crimes against the environment, including the illicit trafficking of animal species

threatened and of endangered plant species and varieties;

m) Aid for irregular entry and permanence;

n) Voluntary manslaughter, as well as serious bodily offenses;

o) Trafficking of organs and human tissues;

p) Abduction, kidnapping and taking of hostages;

q) Racism and xenophobia;

r) Organized robbery or by armed hand;

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

t) Burla;

u) Extortion of protection and extortion;

v) Counterfeit and piratagem of products;

w) Falsification of administrative documents and respect for trafficking;

x) Falsification of means of payment;

y) Illicit trafficking in hormonal substances and other growth stimulators;

z) Illicit trafficking in nuclear and radioactive materials;

aa) Trafficking of vehicles furloughed or stolen;

bb) Violation;

cc) Photo-posto;

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

ee) Deviation by plane or ship;

ff) Sabotage.

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2-In the case of infractions not referred to in the preceding paragraph, the recognition of the decision of

application of the coating measure shall be subject to the condition of the same referring to facts that

also constitute an infraction punishable by Portuguese law, regardless of the

its constitutive elements or its qualification in the legislation of the issuing state.

Article 4.

Types of coating measures

1-A This Law applies to the following coating measures:

a) Obligation to communicate to the competent authorities any change of

residence, especially to receive the notification to appear in hearing

or trial during the criminal proceedings;

b) Interdiction of entering certain places, sites or defined areas of the State

of issue or of execution;

c) Obligation to remain in a given place during specified periods;

d) Obligation to respect certain restrictions with regard to the exit of the territory of the

State of implementation;

e) Obligation to appear on certain dates before an authority

specified;

f) Obligation to avoid contact with certain persons related to or

the infractions allegedly committed;

g) Suspension of the exercise of profession, function, activity and rights;

h) Collateral;

i) Subjection, upon prior consent, to the treatment of dependence of which

padee and there is favored the practice of crime, in proper institution;

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j) The obligation to avoid contact with certain objects related to the

infractions reportedly committed.

2-If appropriate, electronic monitoring can be used to scrutinise the

compliance with the coating measures, in accordance with the law and the

internal procedures of the executing State.

Article 5.

Competent authority and central authority

1-It is designated as the competent authority for the purpose of receiving requests for

recognition and monitoring of the implementation of coating measures from

other Member States of the European Union, the generic competence section of the

local instance or, in the event of unfolding, the criminal section of the local instance, by

reference to the court of 1. instance of the comarch of the residence or the last residence

known to the accused or, if it is not possible to determine them, to the criminal section of the

local instance of the judicial court of the comarch of Lisbon.

2-In the cases provided for in Article 8, the competent authority shall be the one indicated in Article 15 of the

Law No. 65/2003 of August 23 approving the legal regime of the arrest warrant

European, when the requirements set out in Article 2 (1) of this Law are checked.

3-It is competent to issue a request for recognition and follow-up of the

implementation of coating measures in another Member State of the European Union the court

of the process.

4-It is designated as the central authority to assist the competent authority, the

Director-General of Reinsertion and Prisonal Services.

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Article 6.

Consultations and communications between the competent authorities

1-A less that it is not feasible, the competent authorities of the issuing State and the

State of implementation consults each other:

a) During the preparation or at least before sending the decision on measures of

coating, accompanied by the certificate referred to in Article 13 (1);

b) To facilitate the correct and efficient surveillance of coating measures;

c) When on the part of the person concerned there has been a serious non-compliance with the

coating measures imposed.

2-The information communicated by the competent authority of the State of Issue on the

possible risk that the person concerned may constitute for the victims and the public at

general are taken into due account.

3-In the consultations referred to in paragraph 1, the competent authorities exchange all the

useful information, including the information allowing to verify the identity and the

place of residence of the person in question, as well as the relevant information

extracted from the criminal records, in accordance with domestic law relating to the

criminal records.

4-A at any time during the supervision of the coating measures, the authority

competent of the State of implementation may invite the competent authority of the State

of issuance to give information as to whether the surveillance of the coating measures is still

necessary in the circumstances of the particular case under consideration.

5-In the circumstances referred to in the preceding paragraph, the competent authority of the State of

issue responds immediately to that invitation, taking, if any, a decision

subsequent, maintaining or abrogating the coating measures or modifying the

Same.

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Article 7.

Hearing of the accused

Where during the process of the supervision of the coating measures is necessary to

hearing of the accused, can be used mutatis mutandis the procedure and the conditions

established in the instruments of international law and the European Union that predict the

possibility of using the teleconference and videoconference for the auditions, in particular

when the legislation of the issuing state stipulate that the person will have to be heard by the

judicial authorities before the relative decision is taken:

a) To the maintenance and revocation of the coating measures;

b) To the modification of the coating measures;

c) To the issuance of a warrant for detention or any other court decision

enforceability with the same effects.

Article 8.

Delivery of the accused

1-If the competent authority of the issuing State has issued a warrant of

detention or any other enforceable judicial decision with the same effects, the person

in cause may be delivered in accordance with Law No. 65/2003 of August 23.

2-For the purposes of the provisions of the preceding paragraph, the competent authority of the State of

enforcement may not invoke Article 2 (1) of Law No 65/2003 of August 23,

to refuse the delivery of that person, unless it has been notified to the Secretariat-

General of the Council that the competent authority of the State of implementation also

will apply that legal provision when deciding the delivery of the person concerned to the State of

issuance.

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Article 9.

Languages

The certificates are translated into the official language, or for one of the official languages of the State

of execution, or still for others, of among the official languages of the European Union, which such

State has declared to accept.

Article 10.

Charges

The expenses arising from the application of this Law shall be borne by the State of

execution, with the exception of charges incurred exclusively in the territory of the State of

issuance.

Article 11.

Applicable legislation

The surveillance of coating measures issued by another Member State of the Union

European, as well as delivery in the event of default, is regulated by Portuguese law.

CHAPTER II

Issuance and transmission of decisions in criminal matters that impose measures of

coating

Article 12.

Submission of decision on coating measures for surveillance in another State-

Member

1-When the accused has his / her residence legal and habitual in another Member State of the

European Union, the court where the process stems from the process may send to the State of

residence a decision applying a coating measure aiming at its supervision

in that State, should the accused, after having been informed of the measures in question,

accept to return to that state.

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2-The court may, at the request of the defendants, send the decision to the competent authority of a

third Member State other than the one in whose territory this has its

legal and customary residence, provided that the latter authority conspicuously on its submission.

3-A Decision that applies coating measures can only be sent to a State of implementation

at every time.

Article 13.

Procedure of submission

1-The sending to another Member State of a decision applying for coating measures in the

terms of the previous article must be accompanied by the certificate whose model is stated in the

annex I to this Law and of which it is an integral part.

2-A decision that applies coating measures or a certified copy of the same must be

sent by the competent court directly to the competent authority of the State of

execution, by any means allowing to conserve written record, in order to be able to be

verified their authenticity.

3-A certificate is signed by the competent court, which certifying the correctness of its

content.

4-The specific court:

a) The length of time by which the decision has application and whether a

renewal of this decision; and

b) By way of indicative, the interim period during which it is likely to be

necessary to scrutinise the coating measures, taking into account all the circumstances

of the case known at the date of the dispatch of the decision.

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5-If the competent authority of the executing State is not known to the authorities

national, may the latter proceed to the necessary respondents, including through the

contact points of the European Judicial Network in order to obtain the information of the State

of execution.

Article 14.

Competence in relation to the surveillance of coating measures

1-As long as the competent authority of the executing State has not recognised the

decision on the application of coating measures sent to you, nor have you informed

the court of the process of that recognition, the national authorities continue to be

competent for the supervision of the imposed coating measures.

2-Case has been transferred to the competent authority of the State of implementation, the

competence for the supervision of control measures is returned to the authorities

national:

a) If the person concerned has established his / her lawful and habitual residence in the

territory of a State other than the State of execution;

b) As soon as the national authorities notify the withdrawal of the certificate, after the

prescription of the information provided for in Article 16 (1);

c) Should the court have modified the coating measures applied and the authority

competent from the executing State has refused to control for not being

included in the types of coating measures it admits;

d) Once the period is finished the maximum period during which the measures of

coating may be scrutinised in the executing State, should the law of that State

provide for a maximum period;

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e) In case the competent authority of the executing State has decided to cease the

monitoring of the coating measures and informed the authority of that fact

competent national, for lack of adoption of subsequent measures.

3-In the cases referred to in the preceding paragraph, the competent authorities of the States of

issuance and execution consult with each other in order to avoid as much as possible that

the supervision of the coating measures is stopped.

Article 15.

Competence to make subsequent decisions

1-Without prejudice to the protection of public order and guarantee of internal security, the court

of the process has competence to make all subsequent decisions related

with the decision applying for coating measures, namely:

a) The maintenance and revocation of the application of the coating measures;

b) The modification of the coating measures;

c) The issuance of a warrant for detention or any other court decision

enforceability with the same effects.

2-A Internal law shall apply to decisions taken pursuant to the preceding paragraph.

Article 16.

Withdrawal of the certificate

1-A certificate may be withdrawn as long as the surveillance has not been started, after

information prescribing:

a) Of the maximum period during which the coating measures can be scrutinised

in the State of implementation, should the law of that State provide for such a maximum period;

b) From any decision to adapt the coating measures, under the law

internal of the executing State.

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2-A The decision to withdraw from the certificate shall be communicated to the State of implementation on time

maximum of 10 days.

3-A The decision may still be withdrawn if the executing State informs there is a reason for

non-recognition under the terms of the ( h ) of Article 20 (1).

Article 17.

Prolongation of the decision

1-In case it is expiring the maximum period during which the coating measures

may be scrutinised in the executing State and the surveillance is still necessary

of these, the court of the case may ask the authorities of the State of execution to

extend the surveillance of the coating measures, taking into account the circumstances of the

case in the present case and the foreseeable consequences for the person concerned if the competence

for the supervision to return to Portugal.

2-In cases provided for in the preceding paragraph the period of extension shall be indicated

which is probably necessary.

CHAPTER III

Recognition and enforcement of decisions in criminal matters that impose measures

of coating

Article 18.

Decision recognition that applies coating measures issued by another

Member State

1-Within 20 working days after the recetion of a decision applying for coating measures

and of the respectful certificate, the competent national authority acknowledges the decision and takes

immediately all measures necessary for the supervision of the coating measures, the

unless you decide to invoke a reason for refusal of recognition provided for in the

article 20.

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2-If it is, in the State of issuance, appeal against the decision applying for measures

of coating, the deadline for recognition will be extended for a further 20 working days.

3-When, in excecional circumstances, the deadlines set out in the preceding paragraphs do not

can be complied with, the national authority shall inform immediately and by

any means the competent authority of the issuing State, stating the reasons for the

delay and the time frame it considers necessary to make a definitive decision.

4-When the certificate that accompanies the recognition request is incomplete or

not manifestly correspond to the decision, may be postponed the decision on the

recognition, for a reasonable time, between 30 a to 60 days, so that the certificate is

fixed.

5-Where the coating measures already recognized and applied to a particular defendant

be the object of maintenance or modification, may have started a new process of

Recognition, even though this should not lead to a new analysis of the motives of

non-recognition.

6-If the authority of the State of issuance modiates the coating measures, the authorities

nationals may:

a) Adapt these modified measures, in the terms of the following article, if the nature

of the modified coating measures is incompatible with domestic law; or

b) Refuse to review the modified coating measures, if such measures do not

are included in the types of coating measures referred to in Article 4 (1).

and or in those that Portugal has notified the General Secretariat of the Council of the Union

European shall be able to apply, in accordance with Article 8 (2) of the

Council Decision No 2009 /829/JAI of the Council of October 23, 2009.

7-If it is received by a national authority a decision to implement measures of

coating, accompanied by the respectful certificate, for which it has no competence, shall

convey officiously the decision and the certificate to the competent authority.

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8-In cases provided for in the preceding paragraph, information shall be provided to the authority of the

State of issue on the national authority to which the decision was remitted.

Article 19.

Adaptation of coating measures

1-If the nature of the coating measures is incompatible with domestic law, these may be

adapted to the types of coating measures planned for equivalent infractions, owing

correspond, as far as possible, to those imposed in the issuing state.

2-Tailored coating measures should not be more serious than the measures of

coation initially imposed.

Article 20.

Reasons for non-recognition

1-A The competent national authority may refuse recognition of the decision it applies

a measure of coating if:

a) The certificate referred to in Article 13 is incomplete or not to correspond

manifestly to the decision and has not been completed or corrected within a

reasonable time, between 30 a to 60 days, to be fixed by the competent national authority;

b) The criteria set out in Article 12 (1) and (2) are not fulfilled;

c) The execution of the decision applying a coating measure is contrary to the principle

ne bis in idem;

d) In the case of Article 3 (2), the decision shall relate to facts that do not

constitute an infringement, pursuant to the domestic law;

e) The criminal procedure has prescribed under the domestic law and Portugal has

jurisdiction over the facts that are at the origin of the decision to implement the measure

of coating;

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f) There is an immunity that, under Portuguese law, prevents the execution of the

decision that applies a coating measure;

g) The decision has been handed down against a person who, under the domestic law, is

inimitable on the grounds of age, regarding the facts by which it was handed down;

h) In the event of non-compliance with the coating measures, you have to refuse the delivery of the

person concerned in accordance with Law No. 65/2003 of August 23.

2-In respect of contributions and taxes, of customs and foreign exchange, the execution of

a decision should not be refused by the fact that the domestic law does not impose the same type

of contributions and taxes or not to provide for the same type of regulation in matter

of contributions and taxes, of customs and foreign exchange that the legislation of the State of

issuance.

3-In cases referred to in points a ), b ) and c ) of paragraph 1, before deciding to refuse the

recognition of the sentence and to execute the decision that applies a coating measure, the

competent national authority shall consult with the competent authority of the State of

issuance, by any appropriate means, by requesting it, if it is timely, to provide without

it takes all the supplementary information.

4-When the competent national authority understands that the recognition of a

decision on coating measures may be refused on the basis of ( h ) of paragraph 1, but

is however willing to recognize the decision and to scrutinize the coating measures in it

prescribed, inform of the fact the competent authority of the issuing State.

5-In cases provided for in the preceding paragraph, if the authority of the issuing State decides

not withdraw the decision, the national authority may recognize the decision and scrutinize the

coating measures in it prescribed, in the understanding that the person concerned may not

be delivered on the basis of a European arrest warrant.

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Article 21.

Information to be provided to the issuing State

The competent national authority shall inform the competent authority of the State of

issuance, by any means allowing to conserve written record:

a) Of any change of residence of the defendants from which you have knowledge;

b) Of the maximum period during which the coating measures can be scrutinised,

in the terms of domestic law;

c) From the practical impossibility of scrutinizing the coating measures because the person in

cause cannot be found in its territory, returning the competence

for surveillance to the State of issue;

d) From the fact that it has been brought against an appeal against a decision to recognize

a decision of coating measures;

e) From the definitive decision to recognize the decision on coating measures and to take

all necessary measures to the audit;

f) Of any decision to adapt the coating measures, pursuant to Rule 19;

g) From any decision not to recognize the decision on coating measures, in the

terms of the previous article, accompanied by the respective statement of reasons.

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Article 22.

Continuation of the monitoring of coating measures

1-In case it is expiring the interim period during which it was indicated that it would be

necessary to scrutinise the coating measures, taking into account all the circumstances of the

case known at the date of the dispatch of the decision, and further measures are still required

control, the competent authority of the issuing State may ask the authorities

nationals who extend the supervision of the coating measures, taking into account the

circumstances of the case under consideration and the foreseeable consequences for the person concerned

if the competence for the surveillance returns to the issuing State, indicating the

extended period that is probably necessary.

2-A The national authority shall decide on this application in accordance with domestic law,

indicating, where appropriate, the maximum duration of the extension, and may take place

new recognition procedure without being able to be, however, again

analyzed the non-recognition grounds provided for in Article 20.

3-If the certificate relating to the decision on coating measures has been withdrawn, the authority

competent national brings an end to the measures imposed as soon as it has been properly

notified of the fact by the competent authority of the State of issuance.

4-Where, in accordance with the criminal procedural law, the review of the measure of

coating, national authorities may request the competent authorities of the State

of issuance confirming that such a review has been effected by giving them a reasonable period of time,

between 30 a to 60 days, for response, renewable for a single time, and indicating that it may

decide to make cessation of supervision.

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5-If, in the circumstances provided for in the preceding paragraph, the time limit has been exhausted by

competent authorities of the State of issuance, no response is received, the

competent national authority may decide to cease the surveillance of the measures of

control, informing the State of issuance that the competence for supervision is

bounced.

Article 23.

Subsequent decisions

Where the domestic law requires it, the competent national authority may decide to use the

reconnaissance procedure in order to make enforceable the decisions determining the

maintenance and the revocation of the coating measures or the modification of them, not

may, however, lead to a further analysis of the motives of non-recognition.

Article 24.

Obligations of the authorities involved

1-A at any time during the supervision of the control measures, the authority

competent national may invite the competent authority of the State of issuance to

give information as to whether the surveillance of coating measures is still necessary in the

circumstances of the particular case under consideration.

2-Before the maximum period expires during which the coating measures can be

supervised, pursuant to the internal law, the competent national authority may request

information to the authority of the State of issuance on the supplementary period that this

consider eventually necessary for the supervision of the measures.

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3-A The competent national authority shall immediately inform the competent authority of the

State of issuance of any non-compliance of a coating measure, as well as of

any other elements that may imply the making of a subsequent decision.

4-A notification is made by means of the form set out in Annex II to this Law and of the

which is an integral part.

5-In cases provided for in paragraph 3, if it is not taken by the issuing State a decision

subsequent, the competent national authority may request that the same be taken

with imposition of a reasonable period, between 30 a to 60 days, for the purpose.

6-If within the period referred to in the preceding paragraph, no decision is taken, the authority

competent national may decide to cease the supervision of the coating measures,

informing the State of issuance that the competence for supervision is returned to it.

CHAPTER IV

Transitional and final provisions

Article 25.

Transitional arrangement

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

same have been utted with respect to proceedings initiated previously to this

date.

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Article 26.

Entry into force

This Law shall come into force 90 days after its publication.

Seen and approved in Council of Ministers of January 8, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX I

(as referred to in Article 13 (1))

CERTIGIVE

a) State of implementation:

b) Authority which issued the decision on control measures:

Official designation:

Authority to contact if additional information has to be collected

related to the decision on control measures:

central authority:

inhaled this quadricle, indicate the designation

officer of this authority:

Contacts of the issuing authority / central authority / other competent authority

Address:

No. tel.: (national prefix) (local prefix):

No. fax: (national prefix) (local prefix):

Data from the person (s) to be contacted:

Nickname:

Own name (s):

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Functions (title / degree):

No. tel.: (national prefix) (local prefix)

No. fax: (national prefix) (local prefix)

E-mail address (event.):

c) Authority to contact, if further information has to be collected for

monitoring effects of control measures:

b ).

authority:

Contacts of the authority, if they have not already been indicated in the b ):

Address:

No. tel.: (national prefix) (local prefix)

No. fax: (national prefix) (local prefix)

Data from the person (s) to be contacted

Nickname:

Own name (s):

Functions (title / degree):

No. tel.: (national prefix) (local prefix)

No. fax: (national prefix) (local prefix)

Electrolytic address (event.):

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Languages that can be used in communication:

d) Data of the natural person with respect to which the decision was issued on measures of

control:

Nickname:

Own name (s):

(event.) Maiden name:

(event.) Alwees or pseudonyms:

Sex:

Nationality:

Identification number or social security number (if they exist):

Date of birth:

Place of birth:

Addresses / residences:

-in the State of implementation:

-elsewhere:

Language or languages that the person in question comprises (if they are known):

Please indicate the following data, if available:

-Type and number of the identity document (s) of the person (identity card,

passport):

-Type and number of the person's residence title, in the State of execution:

e) Information relating to the Member State to which the decision on measures is conveyed

of control, accompanied by the certificate

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The decision on control measures, accompanied by the certificate, is transmitted to the State

of execution indicated in a ) for the following reason:

access concerned has its lawful and customary residence in the State of execution and, having

been informed of the measures in question, accept to return to that State;

Member State other than the one on whose territory it has its lawful and habitual residence,

by the following reason (s):

f) Information relating to the decision on control measures:

The decision was delivered on (date: DD-MM-AAAA):

The decision has acquired enforceable force in (date: DD-MM-AAAA):

If, at the time of the transmission of the certificate, an appeal has been introduced against the

No. of the process referred to in the decision (if it exists):

The person concerned was in pre-trial detention for the following period (if it is the

case):

1. The decision covers a total of: ............................................. alleged infractions.

Summary of the facts and description of the circumstances in which the alleged infraction (s)

was (were) committed (s), including the moment, place and degree of participation of the person

in cause:

Nature and legal qualification of the alleged infraction (s) and applicable legal provisions

on which the decision is based:

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2. In case the infraction (s) referred to in paragraph 1 constitutes (m), pursuant to the legislation

national of the State of issuance, one or more of the infractions shown below, and be (m)

punishable in that state with a prison sentence or custodist measure of freedom of duration

maximum not less than three years, confirm by pointing out the appropriate quadricle (s):

Corruption;

in the acetation of the Convention of July 26, 1995 on the protection of interests

financial of the European Communities;

rime;

species and plant varieties threatened;

was irregular;

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antiques and works of art;

hormonal and other growth stimulators;

furloughed or stolen;

-posto;

espass by plane or ship;

3. If the alleged infraction (s) identified in section 1 is not (in) covered (s)

by point 2, or the decision as well as the certificate shall be transmitted to a Member State

which has stated that it will check the double criminalisation (Article 14 (4) of the

Decision-Table), submit a full description of the infraction (s) concerned:

g) Information relating to the duration and nature of the control measure (s):

1. The period of time to which the decision on control measures applies and whether it is possible

a renewal of this decision (if any):

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2. The interim period during which it is likely that it will be necessary to monitor the measures

of control, taking into account all the circumstances of the case known at the date of

transmission of the decision on control measures (indicative information):

3. Nature of the control measure (s) (can be pointed out several quadricicles):

change of residence, especially to receive a subpoena to appear in

hearing or trial during the criminal proceedings;

issuing or implementing;

rmaning in a given place during specified periods;

of execution;

infractions allegedly committed;

terms of a notification under Article 8 (2) of the Framework Decision:

In case the "other measures" were noted, specify what those are

measures by pointing out the corresponding quadricle (s):

tions

allegedly committed, which will be able to cover a particular profession or sector

professional;

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which can be effected in a specified number of benefits or immediately from a

only time;

-therapeutic or cure of detoxiation;

infractions allegedly committed;

4. Detailed description of the control measure (s) indicated in 3:

h) Other pertinent circumstances, including specific grounds for the imposition of the (s)

control measure (s) (optional information):

The text of the decision is apensed to the certificate.

Signature of the authority issuing the certificate and / or its representative, confirming the

correctness of your content:

Name:

Functions (title / degree):

Date:

No. of process (if it exists):

(event.) Official stamp:

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ANNEX II

(as referred to in Article 24 (4))

FORM

COMMUNICATION OF NON-COMPLIANCE OF COATING MEASURES AND/OR OF

ANY OTHER ELEMENTS THAT MAY IMPLY THE TAKING OF

A SUBSEQUENT DECISION

a) Data on the identity of the person subject to control:

Nickname:

Own name (s):

(event.) Maiden name:

(event.) Alwees or pseudonyms:

Sex:

Nationality:

Identification number or social security number (if they exist):

Date of birth:

Place of birth:

Morada:

Language or languages that the person in question comprises (if they are known):

b) Information relating to the control measure (s):

Decision delivered on:

No. of process (if it exists):

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Authority that delivered the decision:

Official designation:

Address:

The certificate has been issued on (date):

Authority that issued the certificate:

No. of process (if it exists):

c) Information about the authority responsible for the surveillance of the measure (s) of

control:

Official designation of the authority:

Name of the person to be contacted:

Functions (title / degree):

Address:

No. tel.: (national prefix) (local prefix)

Fax: (national prefix) (local prefix)

An electro address:

Languages that can be used in communication:

d) Infulfillment of the control measure (s) and / or any other elements that

may imply the making of a subsequent decision:

The person designated in a) has infringed the following control measure (s):

change of residence, especially to receive a subpoena to appear in

hearing or trial during the criminal proceedings;

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issuing or implementing;

from during specified periods;

of execution;

tache with certain persons related to or the

infractions reportedly committed.

Description of the default (s) (place, date and specific circumstances):

-Other elements that may imply the making of a subsequent decision

Description of the facts:

e) Data of the person to be contacted, if further information has to be collected

related to the default:

Nickname:

Own name (s):

Morada:

No. tel.: (national prefix) (local prefix)

No. fax: (national prefix) (local prefix)

An electro address:

Languages that can be used in communication:

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Signature of the authority issuing the form and / or its representative, confirming the

correctness of your content:

Name:

Functions (title / degree):

Date:

(event.) Official stamp: