Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
1
Proposal for Law No 337 /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, well
as in the rule of law. Ora, the principle of mutual recognition, now enshrined
in the Treaty of Lisbon, implies the strengthening of mutual trust, developing
progressively a European judicial culture, based on the diversity of systems
legal and in the unit arising from European law. The judicial systems of the states-
Members will be able to, with the full application of this principle, work together, in a way
coherent and effective, in the respect of national legal traditions.
Decisions-Table n. 2008 /909/JAI, of the Council of November 27, 2008,
on the application of the principle of mutual recognition to sentencing in criminal matters
that impose feathers or other custodial measures of freedom for the purposes of the execution
of those sentences in the European Union, and 2008 /947/JAI, of the Council of November 27 of
2008, concerning the application of the principle of mutual recognition to sentencing and
decisions regarding probation for the purpose of the surveillance of measures of
surveillance and alternative sanctions, with the wording that was given to them by the Framework Decision
n 2009 /299/JAI of the Council of February 26, 2009 are found to be in the frame of a
set of instruments that aim at precisely creating a common judicial culture,
facilitating and making more fluid judicial cooperation between Member States.
CHAIR OF THE COUNCIL OF MINISTERS
2
These tools aim to promote mutual recognition on the basis of trust
reciprocal established between the Member States, ensuring respect for the rights
inherent in the criminal process. The transposition implies that it deviates from the need for revision and
confirmation of foreign criminal sentence, going on to apply to these cases a
more simple and speedy specific procedure, albeit fully guaranteed of the
individual rights.
The two Framework Decisions are transposed together listening to the connection of the subjects
by them targeted: on the one hand, the recognition of sentences in criminal matters that
impose feathers or other deprivative measures of freedom; on the other hand, the
recognition of sentences and decisions regarding probation for the purposes of the
monitoring of surveillance measures and alternative sanctions.
The Superior Council of the Magistrature, the Superior Council of the Courts, were heard
Administrative and Fiscal, the Superior Council of the Public Prosecutor's Office, the Attorney General
of the Republic, the Order of Lawyers, the House of Solicitors, the Trade Union Association
of the Portuguese Judges and the Syndicate of the Magistrates of the Public Prosecutor's Office.
He was promoted to the hearing of the Lisbon District Council of the Order of Lawyers, of the
District Council of the Azores of the Order of Lawyers, of the District Council of
Coimbra of the Order of Lawyers, of the District Council of the Évora of the Order of the
Counsel, of the Faro District Council of the Order of Lawyers, of the Council
Wood District of the Order of Lawyers, of the District Council of the Port of the Order
Lawyers, of the Union of Judicial Officers, of the Union of Officers of
Justice, the Council of Justice Officers and the Officers ' Association of Justice.
CHAIR OF THE COUNCIL OF MINISTERS
3
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:
Title I
General provisions
Article 1.
Object
1-A present law establishes the legal regime of the transmission, by the judicial authorities
Portuguese, of the sentences in criminal matters that impose prison sentences or other
deprivative measures of freedom, with a view to its recognition and implementation
in another Member State of the European Union, as well as recognition and
execution, in Portugal, of the sentences in criminal matters that impose prison sentences
or other deprivative measures of the freedom taken by the competent authorities of the
other Member States of the European Union, with the aim of facilitating reinsertion
social of the person sentenced, transposing the Framework Decision No. 2008 /909/JAI, of the
Council of November 27, 2008 amended by Decision-Table n.
2009 /299/JAI, of the Council, of February 26, 2009.
2-A present law also establishes the legal regime of the transmission, by the authorities
Portuguese judiciary, judgments and decisions regarding parole,
for the purpose of the surveillance of surveillance measures and alternative sanctions, and
in view of its recognition and its implementation in another Member State of the Union
European, as well as the legal regime for recognition and implementation in Portugal
of these same sentences and decisions, with the aim of facilitating the social reinsertion of the
person sentenced, transposing the Council's Framework Decision No 2008 /947/JAI of
November 27, 2008, as amended by Framework Decision No 2009 /299/JAI, of the
Council, of February 26, 2009.
CHAIR OF THE COUNCIL OF MINISTERS
4
3-It does not constitute an impediment to the transmission of the sentence the fact that, in addition to the
Conviction, also having been imposed a fine that has not yet been paid, and or
a decision of loss, being the execution of such fines and loss decisions
covered by the scope of the Laws No 93/2009 of September 1, and
88/2009, of August 31.
Article 2.
Definitions
1-For the purposes of Title II, it is understood by:
a) "Condemnation" means any prison sentence or custodist security measure of
liberty, delivered for a specified or indefinite period, by virtue
of the practice of a criminal infraction, in the context of a criminal procedure;
b) "State of issuance", the Member State in which a sentence is handed down;
c) 'State of implementation', the Member State to which a sentence has been passed
for the purpose of recognition and execution of prison sentence or measure
deprivative of liberty;
d) "Sentence", a decision transitioned on trial or an order from a court of the
State of issuance that would impose a conviction on a natural person.
2-For the purposes of the provisions of Title III, it is understood by:
a) "Decision on parole", the sentence or the definitive decision of
a competent authority of the State of issuance delivered on the basis of that
sentence:
i) Which grants parole; or
ii) Which imposes surveillance measures;
CHAIR OF THE COUNCIL OF MINISTERS
5
b) "State of issuance", the Member State in which a sentence or a sentence is handed down
decision on parole;
c) 'State of implementation', the Member State in which the measures of
surveillance and alternative sanctions;
d) "conditional liberty", the early release of a convicted person,
determined by a definitive decision of a competent authority or
stemming directly from national legislation, after the fulfillment of a
part of the prison sentence or other deprivative measure of freedom, upon
application of one or more surveillance measures;
e) "Vigilance measures", the duties and rules of conduct, imposed by a
competent authority to a natural person, in accordance with the legislation
national of the State of issuance, within the framework of a suspended sentence or freedom
probation;
f) "Prison punishment or other deprivative measure of liberty", the criminal sanction
determined by a sentence carried forward on trial that imposes to the person
condemned the observance of a period of time in an establishment
prison or in an establishment intended for the internment of inimitables;
g) "Pena suspended", the prison sentence or other deprivative measure of liberty whose
execution be suspended conditionally, in whole or in part, by being
pronounced the conviction, by the application of one or more measures of
surveillance, which may be included in the sentence itself or be determined
in a decision regarding the probation taken separately by a
competent authority;
h) "Alternative sanction", the sanction that, not being a prison sentence, another measure
CHAIR OF THE COUNCIL OF MINISTERS
6
deprivation of liberty or a financial penalty, imposes duties or rules of
conduct;
i) "Sentence", a decision transitioned on trial or an order from a court of the
State of issuance that determines that a natural person has committed a
criminal infraction and to apply to you a prison sentence or other deprivative measure
of freedom, a suspended sentence or an alternative sanction.
Article 3.
Scope of application
1-Are recognized and executed, without control of the double jeoparding of the fact, the
sentences and decisions covered by this Act, which comply with the following infractions,
provided that, in accordance with the law of the State of issuance, these are punishable
deprivation of freedom of maximum duration not less than three years:
a) Participation in criminal association;
b) Terrorism;
c) Trafficking in human beings;
d) Sexual exploitation and pornography of minors;
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, concerning the Protection
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;
CHAIR OF THE COUNCIL OF MINISTERS
7
k) Cybercrime;
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, offenses to serious physical integrity and qualified and
domestic violence;
o) Illicit trafficking of human organs and 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) Coating and extortion;
v) Countering, imitation and illegal use of brand;
w) Falsification of administrative documents and respect for trafficking;
x) Falsification of means of payment;
y) Illicit trafficking of hormonal substances and other stimulators of
growth;
z) Illicit trafficking in nuclear and radioactive materials;
aa) Trafficking of vehicles furloughed or stolen;
bb) Violation;
cc) Fire provoked;
CHAIR OF THE COUNCIL OF MINISTERS
8
dd) Crimes covered by the jurisdiction of the International Criminal Court;
ee) Deviation by plane or ship;
ff) Sabotage.
2-In the case of infractions not referred to in the preceding paragraph, the recognition of the sentence
and the execution of the prison sentence or deprivative measure of freedom, of the surveillance of the
surveillance measures and alternative sanctions, as well as recognition of the
decision on probation by the Portuguese judicial authority
competent shall be subject to the condition of the same referring to facts as well
constitute an infraction punishable by domestic law, regardless of their
constitutive elements or their qualification in the legislation of the State of issuance.
Article 4.
Amnesty, forgiveness and review of the sentence
1-A amnesty or forgiveness can be granted by both the issuing state and
by the State of implementation.
2-Only the issuing State may decide on any request for a review of the sentence
object of the request for recognition and execution.
Article 5.
Charges
The expenses arising from the application of this Law shall be borne by the State of
execution, with the exception of the expenses inherent in the transfer of the sentenced person to the
State of implementation and inraces exclusively in the territory of the issuing State.
CHAIR OF THE COUNCIL OF MINISTERS
9
Article 6.
Consultations and communications between the competent authorities
1-Where this is deemed appropriate, the competent authorities of the State of
issuance and the State of implementation may consult each other in order to facilitate the
correct and efficient application of this Law.
2-All official communications are carried out directly between the authorities
competent State of the State of issuance and the State of implementation, by any means that
allow us to obtain a written record of those and under conditions permitting
verification of its authenticity.
3-Communications are translated into one of the official languages of the State of execution or
in the other official language of the institutions of the European Union accepted by this State,
upon declaration deposited with the General Secretariat of the Council.
Title II
Transmission, recognition and enforcement of sentences in criminal matters that
impose prison sentences or other deprivative measures of freedom
CHAPTER I
Transmission, on the part of the Portuguese authorities, of sentences in matter
penal that impose prison sentences or other deprivative measures of freedom
Article 7.
Competent national authorities for the transmission
It is competent to transmit the sentence, accompanied by the certificate, for the purpose of
recognition and enforcement of sentences in criminal matters that impose prison sentences
or other deprivative measures of liberty, the Public Prosecutor's Office with the court of
conviction.
CHAIR OF THE COUNCIL OF MINISTERS
10
Article 8.
Transmission of the sentence and the certificate
1-As long as the doomed person finds himself in Portugal or the executing State and
have given their consent, pursuant to the legislation of the State of issuance, to
sentence, or a certified copy of it, accompanied by the certificate whose model
listed in Annex I to this Law and of which it is an integral part, may be transmitted,
through any means that will provide a written record, in order to allow the
establishment of its authenticity, to one of the following Member States:
a) The Member State of which the person convicted is national and in which it has
legal and habitual residence;
b) The Member State of which the person convicted is national and for which, no
being though the Member State where she has legal and habitual residence will be
reconducted once fulfilled the penalty, following a measure of expulsion
or of redriving to the border, included in a sentence or court decision or
administrative, or of any other measure arising out of the sentence; or
c) Any Member State other than the States referred to in points a) or b) ,
whose competent authority consents to the transmission of the sentence and the certificate.
2-No prior consent provided for in the paragraph is required c) of the previous number, under
condition of reciprocity, if:
a) The convicted person resided in a lawful and uninterrupted manner there is at least five
years in the State of execution, and in it maintain a right of residence
permanent; and or
b) In cases other than those referred to in points a) and b) from the previous number, the person
doomed to have the nationality of the State of execution.
3-In cases referred to in paragraph a) of the previous number, the right of residence
CHAIR OF THE COUNCIL OF MINISTERS
11
permanent of the data subject implies that the latter has the right to reside in
remain in the Member State under the national implementing legislation of the
community legislation passed on the basis of articles 18, 40, 44 and 52 of the Treaty
establishing the European Community, or possessions a valid title of residence,
as a permanent or long-lasting resident under national law
of that State of implementation of the Community legislation adopted on the basis of Article 63.
of the Treaty establishing the European Community.
4-A certificate shall be signed by the issuing authority, which certis the correctness of its
content.
5-A certificate shall be translated into one of the official languages of the State of execution or
nother official language of the institutions of the European Union accepted by that State
upon declaration deposited with the General Secretariat of the Council, not being
mandatory to translate the sentence, except in cases where this is requested by the State
of execution.
6-A The transmission of the sentence has to be accompanied by the certificate and can only be
taken to a state of execution at a time.
7-In the event that the issuing authority does not know the competent authority of the State of
execution, requests that information to the latter by all means, including through
of the contact points of the European Judicial Network.
Article 9.
Consultation between competent authorities
1-A The transmission of the sentence and the certificate can be made when the national authority
competent to have verified, if any, after consultations with the authority
competent of the State of implementation, which the execution of the conviction by the State of
execution will contribute to achieving the goal of facilitating the social reinsertion of the person
doomed.
CHAIR OF THE COUNCIL OF MINISTERS
12
2-Before transmitting the sentence and the certificate, the competent national authority may
consult, by any appropriate means, the competent authority of the State of
implementation, and shall compulsorily carry out this consultation in the cases referred to in the
point ( c) of paragraph 1 of the previous article.
3-In the cases referred to in the preceding paragraph, the competent authority of the State of
execution immediately informs the State of issuance of its decision to consent or
not in the transmission of the sentence.
4-During the consultations, the competent authority of the executing State may
submit a reasoned opinion that demonstrates that the execution of the conviction
in the executing State will not contribute to achieving the goal of facilitating reinsertion
social of the sentenced person.
5-In cases where there has been no place to consult, the State of implementation may
present, without delay, after the transmission of the sentence and the certificate, the opinion
referred to in the preceding paragraph, owing in consequence to the Portuguese authority
competent, after analysis, decide whether to withdraw or not to make the certificate.
Article 10.
Notification and hearing of the sentenced person
1-For the purposes of the recognition and execution of the conviction imposed, the sentence,
accompanied by the certificate, can only be transmitted to the State of execution with the
consent of the sentenced person.
2-The consent of the convict shall be provided before the court of conviction,
save if the one finds himself abroad, in which case it can be provided before
a Portuguese consular authority or before a foreign judicial authority.
3-If the convict finds himself in Portugal, the Public Prosecutor's Office requires his
CHAIR OF THE COUNCIL OF MINISTERS
13
notification to, in 10 days, say what you have for convenient.
4-A The lack of response of the convict amounts to concordance with the transmission of the
sentence, of this owing to be warns in the act of the notification.
5-For the purposes of the provisions of paragraphs 2 and 4, rogatory letter to authority is expedited
foreign or emailed to the Portuguese consular authority, fixating, on both
the cases, deadline for their compliance.
6-A notification to which you rent paragraph 4 does so in accordance with the provisions of the Code
of Criminal Procedure.
7-No consent of the sentenced person is required if the sentence, accompanied
of the certificate, is sent:
a) To the Member State that the person sentenced is national and in which he / she lives;
b) To the Member State for which the convicted person will be reconducted once
served the penalty, following a measure of expulsion or re-driving
border, included in a sentence or judicial or administrative decision, or of
any other measure arising from the sentence; or
c) To the Member State in which the sentenced person has taken refuge or to which
has returned, due to a criminal case in which it is argued and run
terms in the State of issuance or following the conviction imposed in this
State.
8-The provisions of the a) of the preceding paragraph does not apply when the State of
execution for Poland, should the sentence have been handed down before an
period of five years from December 5, 2011, except if this notifies the
General Secretariat of the Council of the intention to cease to apply this derogation.
CHAIR OF THE COUNCIL OF MINISTERS
14
9-Whenever the sentenced person finds himself still in Portugal, it may be given to him
possibility to present your opinion orally or in writing, within 10
days, following notification to be made under the terms set out in the Code of
Criminal Procedure, and may such a possibility be given to its legal representative, in
function of the age of the person convicted or of his or her physical or mental state.
10-A opinion of the convicted person is taken into account in the decision to pass the sentence
and is transmitted to the State of implementation, through written record, having especially
in view of the application of the provisions of Article 9 (4).
11-A convicted person must be informed of the decision to pass the sentence through
of the form type listed in Annex II to this Law and of which it is an integral part,
in a language that you understand, by being the form transmitted to the State of
execution, to that effect, when the person convicted in it is found.
Article 11.
Duty to inform the State of implementation
The issuing authority shall immediately inform the competent authority of the State of
execution of any decision or measure that has the effect of nullifying the enforceal character
of the sentence or to withdraw from the executing State, for any other reason, the
responsibility for that execution.
Article 12.
Consequences of the transfer of the sentenced person
1-Subject to the provisions of the following number, the issuing State shall not
pursue the execution of the conviction if this has already been started in the State of
execution.
CHAIR OF THE COUNCIL OF MINISTERS
15
2-A The issuing authority recovers the right to implement the conviction after being
informed by the competent authorities of the executing State of the non-execution
partial of the conviction, in the case of evasion of the convicted person.
3-As long as the execution of the conviction has not been initiated in the State of execution, the
State of issuance may withdraw the certificate from that State, and shall submit
a justification.
CHAPTER II
Recognition and implementation, in Portugal, of sentences in criminal matters that
impose prison sentences or other deprivative measures of freedom
Article 13.
Competent authority for the recognition and implementation
1-It is competent to recognize in Portugal a sentence in criminal matters that
impose prison sentences or other deprivative measures of liberty the Court of
Relation of the area of the last residence in Portugal of the convict or, if it is not possible
determine it, that of Lisbon.
2-It is competent to implement in Portugal a sentence in criminal matters that impose
prison sentences or other deprivative measures of freedom the competence section
generic of the local instance or, in the event of unfolding, the criminal section of the
local instance, by reference to the court of 1 th instance of the comarch of the last
residence in Portugal of the convict or, if it is not possible to determine it, the de
Lisbon, without prejudice to the jurisdiction of the court of execution of penalties.
CHAIR OF THE COUNCIL OF MINISTERS
16
Article 14.
Prison establishment for execution of the sentence
1-Recognizing the sentence in criminal matters that impose prison sentences or other
deprivative measures of freedom, the same is remitted to the competent court for the
execution, where the Public Prosecutor's Office provides for the execution of warrant of
driving the prison establishment closer to the place of the residence or the
last residence in Portugal of the convict, in the terms provided for in the Code of
Criminal Procedure.
2-Not being possible to determine the place of the residence or the last residence of the
person sentenced, this will give entry into prison establishment situated in the area
of competence of the court of the Relation of Lisbon.
Article 15.
Law of enforcement
1-A The execution of a conviction shall be governed by Portuguese law.
2-The Portuguese authorities have exclusive competence for, subject to the provisions of
in paragraphs 4 and 5, take the necessary decisions for the purposes of implementing the conviction,
particularly with regard to the conditions applicable to the early release or to the
probation.
3-In decisions regarding early release or probation may
be taken into account the provisions of the national legislation of the State of issuance, by this
indicated, under which the person is entitled to early release or to
probation at a given time.
4-A competent judicial authority deducts the totality of the period of deprivation of
freedom already fulfilled, in the context of the conviction regarding which was handed down to
sentence, of the total duration of the deprivation penalty of freedom to be fulfilled.
CHAIR OF THE COUNCIL OF MINISTERS
17
5-If requested, the competent judicial authority shall inform the competent authority of the
State of issue on the applicable provisions in respect of an eventual
early release or parole, and this may accept the application of such
provisions or withdraw the certificate.
Article 16.
Recognition of the sentence and execution of the conviction
1-Received the sentence, duly transmitted by the competent authority of the State
of issuance, the judicial authority shall immediately take the necessary measures
to its recognition, without prejudice to the provisions of the following article.
2-When the certificate does not find itself translated into Portuguese, the decision may be
postponed until the translation, requested under the terms of the ( a) of paragraph 1 of the following article,
be sent to the executing State.
3-Should the duration of the conviction be incompatible with domestic law, the authority
judicial officer competent for the recognition of the sentence can only adapt it if that
conviction exceeds the maximum penalty provided for similar infractions, and may not
the adapted conviction is less than the maximum penalty provided for in the domestic law for infractions
similar.
4-Should the nature of the conviction be incompatible with domestic law, the authority
judicial officer competent for the recognition of the sentence can adapt it to the sentence or
measure provided for in domestic law for similar infractions, and this penalty should be
measure to correspond as exactly as possible to the conviction imposed in the
State of issuance, and may not be converted into pecuniary penalty.
5-A The adapted conviction cannot aggravate, by its nature or duration, the conviction
imposed in the State of issue.
6-In case the authority receiving a sentence accompanied by a certificate has not
competence to recognize it and to take the necessary measures for its implementation,
CHAIR OF THE COUNCIL OF MINISTERS
18
must officiously convey the sentence, accompanied by the certificate, to the authority
competent national and to inform the fact the competent authority of the State of
issuance.
Article 17.
Causes of refusal of recognition and enforcement
1-A The competent authority shall refuse the recognition and execution of the sentence when:
a) The certificate referred to in Article 8 is incomplete or not to correspond
manifestly to the sentence and has not been completed or corrected within a
reasonable time, between 30 a to 60 days, to be set by the competent Portuguese authority
for the recognition;
b) The criteria set out in Article 8 (1) are not fulfilled;
c) The execution of the sentence is contrary to the principle ne bis in idem;
d) In a case of Art. 3 (2), the sentence relates to facts that do not
constitute an infringement, pursuant to the Portuguese law;
e) The penalty to be carried out has prescribed, pursuant to Portuguese law;
f) There is an immunity that, under Portuguese law, prevents the execution of the
sentencing;
g) The conviction has been handed down against an inimitable person on the grounds of age,
pursuant to Portuguese law, in relation to the facts for which it was handed down to
sentence;
h) At the time the sentence has been received, they are for compliance
less than six months ' penalty;
i) According to the certificate, the person concerned has not been present at the trial, the
less than the certificate attests to the person, in compliance with other requirements
procedural set out in the law of the State of issuance:
CHAIR OF THE COUNCIL OF MINISTERS
19
i) It was timely and personally notified of the planned date and venue for the
judgment that led to the decision, or has effectively received it by others
means an official information of the date and place foreseen for the
trial, in a way that left unmistakably established that
had knowledge of the planned judgment and that it was timely
informed that a decision could be handed down even though not being
present at the trial;
ii) Having knowledge of the planned judgment, conferred mandate to a
defender per se designated or has benefited from the appointment of a defender by the
State, for his defense, and was effectively represented by that defender;
or
iii) After having been notified of the decision and expressly informed of the
right to retrial or the appeal that allows for the re-examination of the
merit of the cause, including the submission of new evidence, which may
lead to a separate decision from the initial, expressly stated that not
contesting the decision or did not require retrial or appeal within
of the applicable deadline;
j) Before any decision is made on the recognition and enforcement of the
sentence, Portugal to submit an application under Rule 25 (4), and the
State of issuance does not give consent, under the terms of paragraph g ) of paragraph 2
of the same article, to the establishment of a case, to the execution of a conviction
or to the deprivation of liberty of the person concerned due to a practiced infraction
before your transfer but different from the one for which it was transferred;
CHAIR OF THE COUNCIL OF MINISTERS
20
k) The conviction imposed involves a measure of the medical or psychiatric venue or
another measure of deprivative security of freedom which, notwithstanding the willing
in paragraph 4 of the preceding Article, it cannot be executed in Portugal, in
compliance with your legal or health system;
l) The sentence relates to criminal offences which, according to domestic law, if
consider having been practiced in full or in large part or in the essentials
in its territory, or in place considered as such.
2-For the purposes of the provisions of the d) of the previous number, in respect of contributions
and taxes, of customs and foreign exchange, the execution of a sentence shall not be
refused by the fact that Portuguese law does not impose the same type of contributions and
taxes or do not provide for the same type of regulation in respect of contributions
and taxes, of customs and foreign exchange that the national legislation of the State of
issuance.
3-Any decision under the paragraph l) of paragraph 1 that concerns infractions
committed, in part, in Portugal or in place deemed to be such, is taken, in case
case and in excectional circumstances, by the competent authority, taking into account the
specific circumstances of the case and, in particular, the fact that the conduct in appreciation of
or not verified, in large part or in essence, in the issuing state.
4-In cases referred to in points a) , b) , c) , i) , k) and l) l) of paragraph 1, before deciding
refuse the recognition of the sentence and carry out the conviction, the authority
competent shall consult with the competent authority of the issuing State, by
any appropriate means, and, if appropriate, should ask you to provide it without delay
any supplementary information.
Article 18.
CHAIR OF THE COUNCIL OF MINISTERS
21
Partial recognition and execution
1-If the competent judicial authority considers the recognition of the sentence and the
partial execution of the conviction, may, before deciding to refuse the recognition of the
sentence and carry out the conviction as a whole, consult with the competent authority of the
State of issue in order to reach agreement, in the terms of the forecast in the number
next.
2-A competent judicial authority may decide, in accordance with the authority
competent State of issuance, recognize and partially carry out a
conviction, obeying the conditions that establish among themselves, as long as this does not
agrave the duration of the conviction.
3-A The lack of agreement implies the withdrawal of the certificate.
Article 19.
Postponement of the recognition of the sentence and execution of the conviction
1-The recognition of the sentence can be postponed when the certificate provided for in the article
8. is incomplete or not manifestly corresponding to the sentence, until the
certificate be completed or corrected, within a reasonable time, between 30 a to 60 days,
to be fixed by the Portuguese competent authority for the recognition.
2-Constitui still grounds for postponement of the fact that, immediately after receiving the
sentence and the certificate, the competent judicial authority to request, in cases where
consider the contents of this last insufficient to decide the execution of the
Conviction, that the sentence or its essential parts are accompanied by a
translation in Portuguese or in another of the official languages of the institutions of the Union
European.
CHAIR OF THE COUNCIL OF MINISTERS
22
3-The application for translation may be submitted, if necessary, after consultation between the
competent authorities of the issuing State and the State of implementation, having in
be seen to indicate which essential parts of the sentence should be translated.
4-Should Portugal choose to do the translation at its own expense, the decision of
recognition of the sentence and execution of the conviction can be postponed until this is
completed.
Article 20.
Decision on the implementation of the conviction and deadlines
1-A competent judicial authority shall decide, as expeditily as possible, if
acknowledges the sentence and carries out the conviction, as well as informing that decision the
State of issuance, as well as of any decision to adapt the conviction, in the
terms of paragraphs 3 and 4 of Article 16.
2-As long as there is no reason for postponement under the previous article, the decision
definitive recognition of the sentence and execution of the conviction shall be
taken within 90 days of the sentencing of the sentence and the certificate.
3-When, in excecional cases, the competent judicial authority is unable to comply
the time limit set out in the preceding paragraph, shall inform the fact, without delay and by
any means, the competent authority of the issuing State, stating the reasons
of the delay and the deadline it deems necessary for the final decision to be made.
Article 21.
Duty to inform the issuing State
The judicial authority shall without delay inform the competent authority of the State of
issue, by any means permitting the written record:
a) From the transmission of the sentence and the certificate to the responsible competent authority
by its implementation, in accordance with Article 16 (6);
CHAIR OF THE COUNCIL OF MINISTERS
23
b) From the practical impossibility of carrying out the conviction for the fact that the person
doomed not to be able to be found, leaving from caber to Portugal the obligation
of carrying out the conviction;
c) From the definitive decision recognition of the sentence and execution of the
sentencing and the date of the decision;
d) From any decision to refuse recognition of the sentence and execution of the
sentencing, pursuant to Art. 17, and the respect of the justification;
e) Of any decision to adapt the conviction under the terms of paragraphs 3 or 4 of the
article 16, and of the respective justification;
f) Of any decision not to implement the conviction, for the reasons mentioned
in Article 5 (1), and the justifying justification;
g) From the beginning and the term of the probation period, if indicated in the
certificate by the State of issuance;
h) From the evasion of the convicted person;
i) From the execution of the conviction, as soon as this has been completed.
CHAPTER III
Detention and transfer of convicted persons
Article 22.
Provisional detention
1-Should the sentenced person meet in Portugal and at the request of the issuing State, the
CHAIR OF THE COUNCIL OF MINISTERS
24
competent judicial authority may, prior to receiving the sentence and the certificate or
before uttaining the decision to recognize the sentence and carry out the conviction, detain the
person sentenced or apply coating measure that ensures that this person remains
on the national territory pending that decision, not the duration of the
conviction to be aggravated by any period of detention or deprivation of liberty
served under this article.
2-The detention and application of coating measure referred to in the preceding paragraph shall apply
the provisions of the Code of Criminal Procedure.
Article 23.
Transfer of the condensed persons
1-If the convicted person finds himself in the issuing state shall be transferred to the
State of implementation, on the date agreed between the competent authorities of both
States, and up to 30 days after the final decision of the State of implementation on the
recognition of the sentence and the execution of the conviction.
2-If unforeseen circumstances impart the transfer of the sentenced person in the
deadline provided in the preceding paragraph, the competent authorities of the States of
issue and implementation immediately come into contact, and the transfer shall be
effectuated as soon as such circumstances cease to occur.
3-For the purposes of the provisions of the preceding paragraph, the competent authority of the State of
issue immediately informs the competent authority of the executing State and
agree on a new date of transfer, and this shall occur within 10 days of
count of the new agreed date.
Article 24.
Transit
1-It is provided the transit, by the territory or by the national airspace, of a person
CHAIR OF THE COUNCIL OF MINISTERS
25
doomed that has been transferred to the executing State, provided that the State
of issuance has transmitted to Portugal, by any means allowing to conserve a
written record, a copy of the certificate referred to in Article 8, accompanied by the
request for transit.
2-Portuguese authorities may request the issuing State to submit a
translation of the certificate in Portuguese.
3-When receiving a transit application, the Portuguese authorities inform the State of
issuance if they cannot guarantee that the convicted person is not the target of legal action
nor detained, subject to the application of the provisions of paragraph 1, nor submitted to any
another restriction of freedom in its territory, by previous infractions or convictions
at your departure from the territory of the issuing State.
4-In the cases referred to in the preceding paragraph, the issuing State may withdraw its
request.
5-A The decision on the application for a transit permit is addressed to the minister responsible
by the area of justice, by the avenues laid down in Law No 144/99 of August 31, amended
by the Laws n. ºs 104/2001, of August 25, 48/2003, of August 22, 48/007, of 29 of
August, and 115/2009, of October 12, must be taken with priority character, up to
one week after the receiving of the application, and notified to the State of issuance by any
means that it allows to conserve a written record.
6-A The decision may be postponed until, if the translation referred to in the n has been requested.
2, this is received.
7-A person convicted object of application for transit permit can only be detained
for the period strictly necessary to transit through the national territory.
8-It is waived the submission of the transit application in case of transport by air
no scale expected, however, if an unforeseen landing is found, the
State of issue to present the information provided for in paragraph 1 within 72 hours.
CHAIR OF THE COUNCIL OF MINISTERS
26
Article 25.
Principle of specialty
1-A person transferred under this Act shall not, subject to the provisions of the
the following number, be subject to criminal procedure, convicted or deprived of liberty
by an infraction practiced prior to their transfer, different from the one why it was
transferred.
2-The provisions of the preceding paragraph shall not apply when:
a) The person transferred, having had the possibility of abandoning the territory
national, it has not done so within 45 days of the definitive extinction
of your criminal responsibility, or return to that territory after you have
abandoned;
b) The infraction is not punishable with penalty or measure of custodial security of
freedom;
c) The criminal procedure does not give rise to the application of a restrictive measure of the
individual freedom;
d) The person is liable to a sanction or non-custodial measure of freedom,
notably a financial penalty or an alternative measure, even if
this sanction or measure are susceptible to restricting their individual freedom;
e) When the person has consented to their transfer;
f) The person, after having been transferred, has expressly waived, together with the
competent judicial authorities, to the benefit of the rule of the specialty, in
relation to specific facts prior to their transfer;
g) In cases not contemplated in the sub-paragraphs a) a f) , the issuing state has given
your consent, pursuant to paragraph 4.
3-A waiver referred to in para. f) of the preceding paragraph shall be registered and drawn up by
CHAIR OF THE COUNCIL OF MINISTERS
27
form to demonstrate that the person has expressed his resignation voluntarily and with
full awareness of its consequences, having for the effect the right to be assisted
by a defender.
4-For the purposes of the provisions of the paragraph g) of paragraph 2, the request for consent is
submitted to the competent authority of the issuing State, accompanied by the
information required for the purpose of submitting a warrant for detention
European, provided for in Article 3 (1) of Law No 65/2003 of August 23, amended
by Law No. 35/2015, of May 4, and of translation into Portuguese or other language
officer of the institutions of the European Union accepted by this State, upon declaration
deposited with the General Secretariat of the Council.
5-Consent must be provided or refused within a maximum of 30 days, to be counted
of the order receiving date.
6-Consent must be granted if there is an obligation to deliver the person
within the framework of a European arrest warrant.
7-Where the situations provided for in Article 13 of Law No 65/2003 are concerned,
of August 23, amended by Law No. 35/2015 of May 4, shall be given the
guarantees in it.
Article 26.
Execution of convictions following a European arrest warrant
Without prejudice to the provisions of Law No. 65/2003 of August 23, amended by the Law
no 35/2015 of May 4, the provisions of this Law shall apply, to the extent that it is
compatible with the provisions of that law, to the execution of convictions, if:
a) The European arrest warrant has been issued for the purpose of compliance
of a prison sentence or a deprivative security measure of freedom, when the
CHAIR OF THE COUNCIL OF MINISTERS
28
wanted person to find themselves in the executing State, for your national or your
resident and this State commits to perform this penalty or measure of
security pursuant to its national law; or
b) The European arrest warrant has been issued for the purpose of procedure
penal, when the wanted person is a national or resident of the State of
execution and this State has established as a condition for the delivery that the
person wanted, after being adjudicated, be returned to the Member State of
execution for him to serve the prison sentence or deprivative security measure of
freedom delivered against it in the Member State of issuance.
Title III
Recognition and enforcement of judgments and decisions regarding freedom
probation, for the purpose of the surveillance of surveillance measures and sanctions
alternatives
CHAPTER I
General arrangement
Article 27.
Types of surveillance measures and alternative sanctions
1-The willing in the following chapters applies to the transmission of sentences and decisions
relating to the following measures of surveillance or alternative sanctions:
a) Duty of the person convicted of communicating to a specific authority any
change of residence or place of work;
b) Prohibition to enter certain places, sites or defined areas of the
State of issue or implementation;
c) Duty to respect certain restrictions with regard to the exit of the territory of the
State of implementation;
d) Imposition of rules related to the behaviour, the residence, the
CHAIR OF THE COUNCIL OF MINISTERS
29
education and training, the occupation of the free times, or which establish
restrictions or modalities relating to the exercise of professional activity;
e) Duty to appear at times determined before an authority
specific;
f) A duty to avoid contact with certain persons;
g) A duty to avoid contact with specific objects that have been, or are
susceptible to being, used by the person convicted to commit an infraction
penal;
h) A duty to financially repair the damage resulting from the infraction and or
present evidence of their compliance;
i) Provision of work in favour of the community;
j) Duty to cooperate with a surveillance agent or representative of the service
competent social;
k) Submit to treatment or cure of detoxing.
2-A This Act applies, still, to the measures of surveillance and alternative sanctions that the
States affirm, by means of notification addressed to the General Secretariat of the Council,
be willing to scrutinize.
CHAPTER II
Transmission, on the part of the Portuguese authorities, of judgments or decisions
relating to probation
Article 28.
Portuguese competent authority for transmission
It is competent to transmit the sentence and, where appropriate, the decision regarding freedom
probation the Public Prosecutor's Office with the court of enforcement of the competent penalties, or
CHAIR OF THE COUNCIL OF MINISTERS
30
to the court of the competent conviction, depending on the nature and type of measures in
cause.
Article 29.
Criteria relating to the transmission of the sentence and, where appropriate, the relative decision
to probation
1-A competent Portuguese authority may transmit the sentence and, where appropriate, the
decision on probation, to the competent authority of the Member State
on whose territory the sentenced person has his / her lawful and habitual residence, in case of
doomed person has returned or intends to return to that State.
2-A competent Portuguese authority may also, at the request of the convicted person,
transmit the sentence and, where appropriate, the decision on probation, à
competent authority of a Member State other than the one on whose territory the
doomed person has his / her lawful and habitual residence, if the latter authority
consent to this transmission.
Article 30.
Procedure for the transmission of the sentence and, where appropriate, of the decision on the
probation
1-When, in application of the preceding Article, the Portuguese competent authority for the
issue to transmit to another Member State a sentence and, where applicable, a
decision on probation, this must be accompanied by the certificate whose
form-type listed in Annex III to this Law and of which it is an integral part.
2-A certificate referred to in the preceding paragraph shall be translated into one of the languages
CHAIR OF THE COUNCIL OF MINISTERS
31
officers, from the executing State or to one of the other official languages of the institutions
of the European Union accepted by this State upon declaration deposited with the
General Secretariat of the Council.
3-A sentence and, where appropriate, the decision on probation,
accompanied by the certificate referred to in paragraph 1, shall be transmitted directly to the
competent authority of the State of execution, by any means permitting
conserve written record, so that the executing State can check its
authenticity.
4-A The request of the competent authority of the executing State, shall be transmitted to you the
original of the sentence and, where appropriate, of the decision on probation, or
certified copies of the same, as well as the original of the certificate, owing all
official communications being effected directly between the said authorities
competent.
5-A certificate referred to in paragraph 1 shall be signed by the competent authority for the transmission,
that certifying the correctness of your content.
6-In addition to the measures and sanctions referred to in Article 27 (1), the certificate to which
it refers to paragraph 1 of this article only may include measures or sanctions that the State
implementation has affirmed, through notification addressed to the General Secretariat of the
Council, be willing to scrutinise, in accordance with Article 27 (2).
7-A sentence, and, where appropriate, the decision on probation,
accompanied by the certificate referred to in paragraph 1 can only be transmitted to a State of
run at a time.
8-If the competent authority of the executing State is not known to the authority
portuguese competent, this proceeds to the necessary enquiries, inter alia
CHAIR OF THE COUNCIL OF MINISTERS
32
through the contact points of the European Judicial Network.
Article 31.
Consequences for the State of issuance
1-When the competent authority of the executing State has recognised the sentence
and, where appropriate, the decision on the probation which was passed on to it and
has informed the competent Portuguese authority for the transmission of the
recognition, the Portuguese state cede to be competent to assume the
monitoring of the surveillance measures or alternative sanctions applied and to take the
subsequent measures referred to in Article 40.
2-When the State of implementation is competent for subsequent decisions, the
competent Portuguese authority shall immediately inform the competent authority
of that State, by any means allowing to conserve written record, of all the
circumstances or facts that, in their view, may imply the taking of one or
more of the decisions referred to in points a) , b) or c) of Article 41 (1).
Article 32.
Recovery of competence
1-The Portuguese State recovers the competence referred to in the previous article:
a) As soon as, under the following article, the competent authority has notified
the decision to withdraw the certificate referred to in Article 30 (1) to the authority
competent of the State of implementation;
b) When it is necessary to make a subsequent decision, namely, the
repeal of the suspension of the execution of the prison sentence or the revocation of the
probation and the application of a prison sentence or deprivative measure
CHAIR OF THE COUNCIL OF MINISTERS
33
of freedom in the case of alternative sanction, which sets up one of the cases in which the
State of execution has declared to refuse to take responsibility, in the
terms of Article 14 (3) of the Framework Decision No 2008 /947/JAI, of the
Council, of November 27, 2008; and
c) In cases of termination of the jurisdiction referred to in Article 44.
2-If a new criminal case is taking place against the person concerned in Portugal, the
competent Portuguese authority for the issuance may request the State of
execution that transfers you the competence for the surveillance of surveillance measures and
of the alternative sanctions, as well as the other decisions related to the
sentence.
3-When, in application of this Article, the competence is transferred to the State
portuguese, the competent Portuguese authority shall reassume competence.
4-To continue the surveillance of surveillance measures or alternative sanctions, the
competent Portuguese authority for the issue must take into consideration the duration
and the degree of compliance with the surveillance measures or the alternative sanctions in the
State of implementation, as well as any decisions made by that State in the
terms of Article 41 (1).
5-When the Portuguese competent authority for the issuance is competent for the
subsequent decisions, informs without delay the competent authority of the State of
implementation of all decisions related to:
a) The revocation of the suspension of the execution of the prison sentence or the revocation of the
probation;
CHAIR OF THE COUNCIL OF MINISTERS
34
b) The execution of the prison sentence or deprivative measure of freedom, when
provided for in the sentence;
c) The application of a prison sentence or deprivative measure of freedom, when
not provided for in the sentence;
d) The extinction of the surveillance measure or the alternative sanction.
Article 33.
Withdrawal of the certificate
1-After receiving information requested from the State of implementation as to the duration
maximum of the deprivation of freedom provided for in the national legislation of that State for the
infraction that has given way to the sentence and which is susceptible to be imposed on the convicted person
in the event of a failure to comply with the surveillance measure or the alternative sanction, the
competent Portuguese authority for the issuance may decide to withdraw the certificate
referred to in Article 30 (1), provided that the surveillance has not yet been started
in the executing State.
2-A Portuguese competent authority for the issue may also decide to withdraw the
certificate as referred to in Article 30 (1), provided that it has not yet been started
supervision in the executing State, when it is informed of the decision to adapt the
measure of surveillance or the alternative sanction.
3-A The decision referred to in the preceding paragraph shall be taken and communicated the most
expeditily possible and within 10 days of the recetion of that information.
CHAPTER III
Recognition and enforcement of judgments or decisions regarding freedom
probation issued by another Member State
Article 34.
CHAIR OF THE COUNCIL OF MINISTERS
35
Portuguese authority competent for the recognition and implementation
1-It is competent to recognize in Portugal the sentence the court of the Relation in whose
area of competence the person sentenced to have his / her residence legal and habitual, in the case
of paragraph 1 of the following article, or with which there is a connection we have of the n. 2 of the
next article.
2-It is competent to carry out the sentence and, where appropriate, the decision on the
probation and to scrutinize the surveillance measures and alternative sanctions, the
court of execution of penalties or the court of conviction, of the comarch in which the
person sentenced to have their lawful and habitual residence, in the cases of Article 1 (1)
next, or with which there is a connection we have of paragraph 2 of the following article.
Article 35.
Decision for recognition
1-A competent Portuguese authority acknowledges the sentence and, where applicable, the
decision on probation, transmitted in accordance with Article 30, and takes
without delay all the necessary measures to the surveillance of the surveillance measure or the
alternative sanction, when the sentenced person has, in Portugal, his residence
legal and customary, should this have returned or intends to return.
2-A competent Portuguese authority may also recognize the sentence and, if it is
case of this, the decision on probation if, despite the person sentenced
you do not have your legal and habitual residence in Portugal, there is another close connection
with the country and the sentenced person has required the State to issue the transmission
CHAIR OF THE COUNCIL OF MINISTERS
36
for Portugal.
3-In the cases provided for in the preceding paragraphs, the competent Portuguese authority shall not
acknowledges the sentence and, where appropriate, the decision on probation if
decide to invoke one of the grounds for refusal of recognition and surveillance to which
refers to the following article.
4-A Decision on the recognition of the sentence and, where appropriate, of the decision
on probation may be postponed when the certificate referred to in paragraph 1 of the
article 30 is incomplete or not manifestly corresponding to the sentence or, if
for the case, the decision on parole, until the certificate is
completed or corrected, within a reasonable time, between 30 a to 60 days, to be fixed by the
competent Portuguese authority for the implementation.
5-When the Portuguese authority that has received the sentence and, where applicable, the
decision on probation, accompanied by the certificate referred to in paragraph 1 of the
article 30, it shall not be competent to recognize it and to ensure the surveillance of the
measure of surveillance or alternative sanction, it conveys them officiously to the authority
competent and informs of the fact without delay the competent authority of the State of
issue by any means that allow to conserve written record.
Article 36.
Grounds for refusal of recognition and surveillance
1-A Portuguese competent authority for the execution refuses recognition of the
sentence, or, where appropriate, of the decision on probation, as well as the
CHAIR OF THE COUNCIL OF MINISTERS
37
assumption of responsibility for the surveillance of surveillance measures or the
alternative sanctions if:
a) The certificate referred to in Article 30 (1) is incomplete or not
correspond manifestly to the sentence or the decision relating to freedom
probation and have not been completed or corrected within a time frame
reasonable, between 30 a to 60 days, to be set by the competent Portuguese authority for
the execution;
b) Are not met the criteria set out in Article 3 (2) or in the
n. paragraphs 1 and 2 of the previous article;
c) The recognition of the sentence and the assumption of responsibility for the
monitoring of surveillance measures or alternative sanctions are
contrarian to the principle ne bis in idem ;
d) The sentence relates to facts that do not constitute an infringement on the terms
of the Portuguese national legislation;
e) The penalty to be implemented has prescribed in the terms of the Portuguese national legislation and
the facts that are at their origin are the competence of Portugal, in the
terms of its national legislation;
f) If it prevases, in Portuguese national legislation, an immunity that prevents the
monitoring of surveillance measures or alternative sanctions;
g) The convicted person is not, due to his age and under the legislation
Portuguese national, responsible penally for the facts underlying the
sentence;
h) In accordance with the certificate provided for in Article 30, the person has not been present
in the judgment that led to the decision, unless the certificate attests that the
person, in compliance with other procedural requirements set out in law
national of the State of issuance:
CHAIR OF THE COUNCIL OF MINISTERS
38
i) It was timely and personally notified of the planned date and venue for the
judgment that led to the decision, or has effectively received it by others
means an official information of the date and place foreseen for the
trial, in a way that left unmistakably established that
had knowledge of the anticipated judgment and was informed that this
decision could be delivered even not being present at the trial;
ii) Having knowledge of the planned judgment, conferred mandate to a
defender assigned by himself or the state for his defence in court and was
effectively represented by that defender in the trial; or
iii) After having been notified of the decision and expressly informed of the
right to retrial or the appeal and to be present at that trial
or appeal, which allows for the reassessment of the merit of the cause, including new
evidence, and may lead to a separate decision from the initial, stated
expressly that it did not contest the decision or did not require new
trial or appeal within the applicable time limit;
i) The sentence or, where appropriate, the decision on parole
determine a measure of medico-therapeutic treatment whose surveillance, not
Notwithstanding the provisions of Article 39, it cannot be assumed by the State
portuguese, in accordance with your legal or health system;
j) The duration of the surveillance measure or the alternative sanction is less than six
months; or
k) The sentence relates to criminal offences which, according to the legislation
national of the Portuguese State, consider themselves to have been committed, in full,
in large part or in essence, in its territory or in place considered to be
such.
2-In respect of contributions and taxes, of customs and foreign exchange, the execution of
a sentence and, where appropriate, a decision on probation not
CHAIR OF THE COUNCIL OF MINISTERS
39
may be refused by the fact that the Portuguese national legislation does not impose the same
type of contributions and taxes or do not provide for the same type of regulation in
matter of contributions and taxes, of customs and foreign exchange that the legislation
national of the State of issuance.
3-Any decision under the paragraph l ) of paragraph 1 that concerns infractions
committed, in part, in the territory of the Portuguese State or in place deemed to be
such, it is taken by the competent Portuguese authorities, on a case by case and only in
excective circumstances, taking into account the specific circumstances of the case in
appreciation and, in particular, the fact that the conduct under consideration if it has occurred or unverified, in
much of or in essence, in the issuing state.
4-In cases referred to in points a) , b) , c) , h) , i) , j) and l) of paragraph 1, before deciding not to
acknowledge the sentence or, where appropriate, the decision on probation, and
do not take responsibility for the surveillance of surveillance measures and the
alternative sanctions, the competent authority of the Portuguese state must communicate
with the competent authority of the State of issuance by any appropriate means and, if
opportune, should ask you to provide without delay all information
complementary necessary.
5-Notwithstanding the competent Portuguese authority to invoke a reason for refusal
referred to in paragraph 1, in particular the reasons referred to in paragraph 1 d) or l) , can, of common
agreement with the competent authority of the State of issuance, decide to proceed to
monitoring of the surveillance measure or the alternative sanction applied in the sentence and, if
for the case, in the decision on the probation sent to it, without
CHAIR OF THE COUNCIL OF MINISTERS
40
take responsibility for the making of the decisions referred to in points a) , b) and c) from the
n Article 40 (2).
Article 37.
Deadlines
1-A competent Portuguese authority shall decide as soon as possible, and in the
deadline of 60 days after the sentencing of the sentence and, where appropriate, the decision on the
probation, accompanied by the certificate referred to in Article 30 (1), if
acknowledges or not the sentence and, where appropriate, the decision regarding freedom
probation and whether it assumes responsibility for the surveillance of the surveillance measure
or of the alternative sanctions, immediately informing the competent authority of the
State of issuance of that decision, through any means that allow to conserve
written record.
2-When, in excecional circumstances, the competent Portuguese authority does not
may meet the deadlines set out in the preceding paragraph, shall inform you of the fact,
immediately and by any means to their choice, the competent authority of the State
of issuance, indicating the reasons for the delay and the time limit it considers necessary for
take a definite decision.
Article 38.
Applicable law
1-A The surveillance and implementation of surveillance measures and alternative sanctions shall be governed by
by the legislation of the State of implementation.
2-A The competent authority of the executing State may scrutinise compliance with the
duty referred to in para. h) of Article 27 (1) requiring that the person convicted
present evidence of the performance of the duty to repair the damage resulting from the
CHAIR OF THE COUNCIL OF MINISTERS
41
infraction.
Article 39.
Adaptation of surveillance measures or alternative sanctions
1-Whether the nature or duration of the surveillance measure or the alternative sanction in
question, or the length of the period of surveillance, are incompatible with the legislation
national Portuguese, the competent Portuguese authority can adapt them to the nature and
duration of the surveillance measure and the alternative sanction, or the length of the period of
surveillance, applicable in national legislation for similar infractions, seeking that
correspond, as far as possible, to those applied in the issuing state.
2-Should the surveillance measure, alternative sanction or the period of surveillance have
been adapted for its duration exceeds the maximum duration provided for in the legislation
national of the Portuguese State, the duration of the measure of surveillance, alternative sanction or
period of surveillance resulting from the adaptation may not be less than the maximum duration
provided for in Portuguese legislation for similar infractions.
3-A measure of surveillance, alternative sanction or period of surveillance resulting from the
adaptation cannot be more severe nor longer than the surveillance measure,
alternative sanction or period of initially imposed surveillance.
Article 40.
Competency to make all subsequent decisions and applicable law
1-A Portuguese competent authority for implementation is competent to take all
subsequent decisions related to a suspended sentence, probation,
conditional conviction or alternative sanction, specifically in the event of
CHAIR OF THE COUNCIL OF MINISTERS
42
non-compliance with a measure of surveillance or an alternative sanction, or if the
person sentenced to commit a new criminal infraction.
2-Those subsequent decisions include, inter alia:
a) The modification of duties or rules of conduct constituting the measure of
surveillance or alternative sanction, or the alteration of the duration of the period of
surveillance;
b) The revocation of the suspension of the execution of the prison sentence or the revocation of the
probation; and
c) The application of a prison sentence or deprivative measure of freedom in the case of
alternative sanction or conditional conviction.
3-A national legislation of the Portuguese State shall apply to decisions made under the National
of paragraph 1 and to all subsequent consequences of the sentence, including, if any
of this, the execution and, if necessary, the adaptation of the prison sentence or custodised measure
of freedom.
Article 41.
Duties of the authorities concerned in the event of the competence of the State of
execution for subsequent decisions
1-A Portuguese competent authority for the implementation informs without delay to
competent authority of the issuing State, by any means permitting
conserve written record, of all decisions related to:
a) The modification of the surveillance measures or the alternative sanctions;
b) The revocation of the suspension of the execution of the prison sentence or the revocation of the
probation;
CHAIR OF THE COUNCIL OF MINISTERS
43
c) The execution of the prison sentence or of the deprivative measure of freedom in the event of
non-compliance with a measure of surveillance or an alternative sanction;
d) The extinction of the surveillance measure or the alternative sanction.
2-If the competent authority of the issuing state so requests, the Portuguese authority
competent for the execution informs you of the maximum duration of the deprivation of liberty
provided for in its national legislation for the infraction that gave way to the sentence and which is
susceptible to being imposed on the person convicted in the event of a failure to comply with the measure of
surveillance or alternative sanction, and this information should be provided
immediately after receiving the sentence and, where appropriate, from the decision on the
probation, accompanied by the certificate referred to in Article 30 (1).
Article 42.
Duties of the authorities concerned in the event of the competence of the State of
issue for subsequent decisions
1-If the competent authority of the issuing State is competent for the decisions
subsequent as referred to in Article 40 (2), the Portuguese authority
competent for the implementation notifies you immediately of:
a) Any fact that may imply the revocation of the suspension of the execution of the
prison term or the revocation of probation;
b) Any fact that may involve the application of a prison sentence or measure
deprivative of freedom;
c) Other facts and circumstances on which the competent authority of the
State of issuance request to be informed and are essential to enable you
make subsequent decisions in the terms of their national legislation.
CHAIR OF THE COUNCIL OF MINISTERS
44
2-When a Member State has resorted to the possibility referred to in paragraph 5 of the
article 36, your competent authority for enforcement informs the authority
competent of the State of issuance in case of default, on the part of the person
doomed, from a measure of surveillance or an alternative sanction.
3-A notification of the facts to which the points are referred a) and b) of paragraph 1 and paragraph 2 is made
by filling out the form-type reproduced in Annex IV to this Law and
of which it is an integral part.
4-A notification of the facts and circumstances referred to in paragraph c) of paragraph 1 is made by
any means that allow to conserve written record, including, where possible, the
filling of the formulary-type.
5-If, in accordance with the national legislation of the State of issuance, the person sentenced
has to be heard by the judicial authorities before it is applied for the penalty, this
condition can be satisfied by following mutatis mutandis the procedure provided for in the
instruments of international law or of the European Union concerning the hearing of a
person through video conferencing.
Article 43.
Information from the State of execution in all cases
The Portuguese authority competent for the execution informs the authority without delay
competent State of issuance, by any means allowing to keep record
written:
a) From the transmission of the sentence and, where appropriate, to the decision regarding freedom
probation, accompanied by the certificate referred to in Article 30 (1) to the
competent authority responsible for its recognition and for taking the
CHAIR OF THE COUNCIL OF MINISTERS
45
measures for the surveillance of surveillance measures or alternative sanctions,
in accordance with Article 35 (5);
b) From the practical impossibility of scrutinizing surveillance measures or sanctions
alternatives by the fact that, once transmitted to the State of execution a
sentence and, where appropriate, the decision on probation,
accompanied by the certificate referred to in Article 30 (1), the person
doomed not to be able to be found in the territory of the executing State,
leaving to be fit to that State the surveillance of the surveillance measures or the
alternative sanctions;
c) From the definitive decision to recognize the sentence and, where applicable, the decision
on probation and to take responsibility for the audit
of the surveillance measures or the alternative sanctions;
d) Of any decision not to recognize the sentence and, where applicable, the decision
on probation, and of not taking responsibility for the
monitoring of surveillance measures and alternative sanctions, in the terms of the
article 36, accompanied by the respective statement of reasons;
e) Of any decision to adapt the surveillance measure or the alternative sanction,
pursuant to Art. 39, accompanied by the respective statement of reasons;
f) From any decision of amnesty or pardon that results the non-surveillance of the
surveillance measures or alternative sanctions, in accordance with Article 1 (1)
4., accompanied, where appropriate, of the respective statement of reasons.
Article 44.
Cessation of the competence of the State of implementation
1-If the person sentenced abscons or is left to have legal and habitual residence in the State
CHAIR OF THE COUNCIL OF MINISTERS
46
portuguese, the Portuguese competent authority for the implementation may transfer to the
competent authority of the State of issuance the competence for the surveillance of the
surveillance measures and alternative sanctions, as well as for the other decisions
related to the sentence.
2-If a new criminal case is taking place against the person concerned in the State of
issuing, the competent authority of that State may request the Portuguese authority
competent for the execution which transfers you the competence by the supervision of the
surveillance measures and alternative sanctions, as well as by the other decisions
related to the sentence, and may, in this case, the Portuguese authority
competent for the implementation to transfer such competence to the authority of the State
of issuance.
Title IV
Final provisions
Article 45.
Relation to other legal instruments
1-A This Law replaces, in the relations between Portugal and the other Member States of the
European Union, the provisions of the following international legal instruments:
a) European Convention Relative to the Transfer of Condensed Persons, 21 of
March 1983, and respects Additional Protocol, of December 18, 1997;
b) European Convention on the International Value of Penal Sentences, 28 of
may 1970;
c) Title III, Chapter 5, of the Convention implementing the Schengen Agreement of 14 of
June 1985, concerning the Gradual Suppression of Controls at the Borders
CHAIR OF THE COUNCIL OF MINISTERS
47
Common, signed on June 19, 1990;
d) Convention between the Member States of the European Communities concerning the
Execution of Foreign Criminal Convictions, November 13, 1991.
2-A This Law replaces, in the relations between Portugal and the other Member States of the
European Union, the corresponding provisions of the Convention of the Council of the
Europe for the Surveillance of Condensed or Liberated Persons Conditionally, of
November 30, 1964.
Article 46.
Application in time
This Law shall apply to the sentences and decisions transmitted or received after their
entry into force, even if they refer to previously practiced facts.
Article 47.
Entry into force
This Law shall come into force 90 days after the date of its publication.
Seen and approved in Council of Ministers of May 14, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
CHAIR OF THE COUNCIL OF MINISTERS
48
ANNEX I
(as referred to in Article 8 (1))
CERTIGIVE
1
a) State of issue: ...
State of execution: ...
b) Court that handed down the sentence that imposed the conviction carried on trial:
Official designation: ...
The sentence was handed down in (indicate the date: day-month-year): ...
The sentence transited on trial in (indicate the date: day-month-year): ...
Reference number of the sentence (case available): ...
c) Information regarding the authority that can be contacted for any questions
related to the certificate
1. Type of authority: Please sign the appropriate house:
Central authority ...
Court ...
Other authorities ...
1 A This certificate shall be drawn up or translated into one of the official languages of the Member State of execution, or in another language
accepted by that state
CHAIR OF THE COUNCIL OF MINISTERS
49
2. Contacts of the authority indicated in point 1:
Official designation: ...
Address: ...
Telephone: (indicative of the country) (regional indicative) ...
Telecopy: (indicative of the country) (regional indicative) ...
Electro address (case available): ...
3. Languages in which it is possible to communicate with the authority:
4. Person (s) to contact in order to obtain supplementary information for the purpose of execution
of the sentence or determination of the transfer procedure (name, title / degree,
telephone, fax and electronical address), if different from section 2: ...
d) Data relating to the person to whom the conviction was imposed:
Nickname: ...
Own name (s): ...
Maiden nickname, applicable case: ...
Alwedges and pseudonyms, applicable case: ...
Sex: ...
Nationality: ...
Identity card number or beneficiary of social security (case available):
...
CHAIR OF THE COUNCIL OF MINISTERS
50
Date of birth: ...
Place of birth: ...
Last known address / residence (s): ...
Languages that the person understands (when known): ...
The convicted person is:
in the State of issue and must be transferred to the executing State.
in the State of execution and the fulfilment of the penalty will take place in that state.
Additional information to be provided, if available and if appropriate:
1. Photography and fingerprints of the person, and / or contacts of the person contacting them in order to
get this information:
2. Type and reference number of the person's identity card or passport
doomed:
3. Type and reference number of the residence permit of the sentenced person:
4. Other pertinent information related to family, social, or
professionals of the person sentenced in the executing State:
CHAIR OF THE COUNCIL OF MINISTERS
51
e) Request for provisional arrest by the State of issue (should the person convicted if
find in the state of execution):
The issuing state has requested the executing State to detain the person sentenced
or take any other measure to ensure that the same would remain in your
territory, while waiting for the decision to recognize and execute the conviction.
The issuing state had already requested the executing State to detain the person
doomed or take any other measure to ensure that the same would remain in the
its territory, while waiting for the decision to recognize and execute the
conviction. Please state the name of the authority of the executing State which took the
decision on the application for detention of the person (if any and if available):
f) Relation with a previous European Arrest Warrant (MDE):
An MDE has been issued for the purpose of complying with a penalty or safety measure
deprivatises of liberty and the executing State undertakes to execute them (para. 6 of the
article 4 of the Framework Decision on the MDE).
Date of issue of the MDE and, case available, the reference number:
Name of the authority that issued the MDE: ...
Date of the decision to proceed to the execution and, if available, the reference number:
CHAIR OF THE COUNCIL OF MINISTERS
52
Name of the authority that delivered the decision to carry out the execution of the conviction:
An MDE has been issued for the purpose of criminal procedure against a person who is
national or resident of the Member State of execution, and this proceeded to the delivery of the person
on the condition that this is returned to the Member State of execution for it to comply with
Penalty or measure of custodial security of liberty handed down against her in the State-
Member of issuance (Article 5 (3) of the Framework Decision on MDE).
Date of the decision to proceed to the delivery of the person: ...
Name of the authority that delivered the decision to proceed to delivery: ...
Reference number of the decision, case available: ...
Date of delivery of the person, case available: ...
g) Motives of the transmission of the sentence and the certificate (in case you have filled the house f), is not
need to fill out this house):
The sentence and the certificate have been passed on to the executing State because the authority of
issuance considers that the execution of the conviction by that State will contribute to achieving the
objective to facilitate the social reinsertion of the convicted person and:
CHAIR OF THE COUNCIL OF MINISTERS
53
a) The State of execution shall be the State of the nationality of the sentenced person where she lives.
b) The State of implementation shall be the State of nationality of the sentenced person, for which the
doomed person will be reconducted once compliments, following a measure
of expulsion or re-driving to the border, included in a sentence or a court decision
or administrative, or in any other measure arising from the sentence. If the measure of
expulsion or reconduct at the border is not included in the sentence, please state the name
of the authority that delivered the decision, the date of issue and the reference number, case
available: ...
(c) The State of implementation shall be a State other than the State referred to in points a ) and b ), whose
competent authority consents to the transmission of the sentence and of the certificate to that State.
d) The State of implementation has carried out the notification, pursuant to Article 4 (7) of the
Decision-Table, and:
it is confirmed that, as much as it is from the knowledge of the competent authority of the
State of issuance, the sentenced person lives and resides legally and seemingly there is by the
minus five years in the State of execution and in it will retain the right of residence
permanent, or
it is confirmed that the convicted person has the nationality of the executing State.
h) Sentence that imposes a conviction:
CHAIR OF THE COUNCIL OF MINISTERS
54
1. The present sentence respects to a total of ... infractions.
Summary exposure of the facts and description of the circumstances in which the infraction / infractions
foi/have been committed (s), including the time and place of the crime and the nature of the participation of the
person sentenced:
Nature and legal qualification of the infraction / infractions and applicable legal provisions,
underlying the sentence handed down:
2. Should the infraction or infractions identified (s) in paragraph 1 constitute (m) one or several of the
infractions that follow-under the terms of the State of issuance law-, punishable in that state
with penalty or custodial security measure of freedom of maximum duration not less
a three years, confirm by pointing out the appropriate house (s)):
Participation in a criminal organisation;
Terrorism;
Trafficking in human beings;
Sexual exploitation of children and pedopornography;
Trafficking in narcotic drugs and psychotropic substances;
Trafficking in arms, ammunition and explosives;
Corruption;
Fraud, including the aggrieved fraud of the financial interests of the European Communities
in the acetment of the Convention of July 26, 1995, concerning the protection of interests
financial of the European Communities;
Bleaching of the proceeds of crime;
Falsification of currency, including the counterfeit of the euro;
CHAIR OF THE COUNCIL OF MINISTERS
55
Cybercrime;
Crimes against the environment, including the illicit trafficking of endangered animal species and of
species and plant varieties threatened;
Aid for irregular entry and permanence;
Voluntary manslaughter and serious bodily offenses;
Illicit trafficking of human organs and tissues;
Abduction, kidnapping and taking of hostages;
Racism and xenophobia;
Organized robbery or by armed hand;
Illicit trafficking in cultural goods, including antiquities and works of art;
Burla;
Extortion of protection and extortion;
Counterfeit and piratagem of products;
Falsification of administrative documents and respect for trafficking;
Falsification of means of payment;
Illicit trafficking in hormonal substances and other growth stimulators;
Illicit trafficking in nuclear and radioactive materials;
Trafficking in furloughed vehicles;
Violation;
Fire post;
Crimes covered by the jurisdiction of the International Criminal Court;
Deviation by plane or ship;
CHAIR OF THE COUNCIL OF MINISTERS
56
Sabotage.
3. In case the infraction or the infractions identified in section 1 are not covered by the
point 2, or if the sentence and the certificate are passed on to the Member State which has
declared that it will check the double jeoparding (Article 7 (4) of the Framework Decision),
want to present the full description of the infraction or infractions in question:
i) Information about the sentence that imposes the conviction:
1. Indicate whether the person was present at the trial that led to the decision:
1. Yes the person was present at the trial that led to the decision
2. No, the person was not present at the trial that led to the decision
3. If you have pointed out the square in section 2, please confirm if you check one of the following
situations:
3.1a. the person was notified personally in ... (dia/mach/year) and that informed mode
of the date and place provided for the judgment that led to the decision and informed that
such a decision could be delivered even by not being present at the trial;
OR
3.1b. the person was not notified personally, but received effectively by others
means an official information of the date and place provided for the trial that it conducted
to the decision, in a way that left unmistakably established that he had knowledge
of the planned trial, and was informed that a decision could be handed down even
not being present at the trial;
OR
3.2. Having knowledge of the planned judgment, the person conferred mandate to a
CHAIR OF THE COUNCIL OF MINISTERS
57
defender assigned by himself or the state for his defense in court and was effectively
represented by that defender in the trial;
OR
3.3. the person was notified of the decision in ... (dia/mach/year) and was expressly
informed of the right to retrial or the appeal and to be present at that trial
or appeal, which allows for the reassessment of the merit of the cause, including new evidence, and may
lead to a separate decision from the initial, and
has expressly stated that it did not contest the decision;
OR
did not require retrial or appeal within the applicable time frame.
4. If you have pointed out the quadricle at point 3.1b, 3.2 or 3.3 above, please provide information
on the way in which the relevant condition was fulfilled:
.........................................................................................................
.........................................................................................................
.......................................................
j) Information relating to early release or parole:
1. Under the national legislation of the State of issuance, the convicted person is entitled
the early release or parole, having met:
half the penalty
two-thirds of the penalty
another part of the penalty (please specify):
CHAIR OF THE COUNCIL OF MINISTERS
58
2. The competent authority of the issuing State asks to be informed about:
The provisions applicable in the national law of the State of implementation in respect of
early release or parole of the sentenced person;
The beginning and end of the period of early release or probation.
k) Opinion of the sentenced person:
1. The person could not be heard by already finding himself in the executing State.
2. The person is found in the issuing State and:
requested the transmission of the sentence and the certificate
consented to the transmission of the sentence and the certificate
has not consented to the transmission of the sentence and the certificate (state the grounds
fertilized):
b. The opinion of the person sentenced is apensed.
The opinion of the convicted person has already been passed on to the State of execution in (indicate
date: day-month-year): ...
CHAIR OF THE COUNCIL OF MINISTERS
59
l) Other circumstances relevant to the process (optional information):
m) Final information:
The text of the sentence (s) was apenso (s) to certidão2.
Signature of the authority issuing the certificate and / or its representative certifying the
accuracy of the content of the same
Name: ...
Function (title / degree): ...
Date: ...
Official seal (case available) ...
2 A The competent authority of the issuing State shall send in an annex all the sentences relating to the process which
are required in order to have all the information about the final sentence to be performed. The translations of the sentence (s) that are available may also be attached.
CHAIR OF THE COUNCIL OF MINISTERS
60
ANNEX II
(as referred to in Article 10 (11))
NOTIFICATION OF THE SENTENCED PERSON
We have seen by this means to notify V. Ex. th of the decision of ......................................................
(competent authority of the issuing State) to convey the sentence of
............................................................ (competent court of the State of issue), with date
from ............................................... (date of sentencing) ............................................... (number of
reference, case available) to ........................................................ (State of execution) for
effects of its recognition and enforcement of the conviction imposed on it, in accordance
with the national legislation transposing Council Framework Decision No 2008 /909/JAI, of the Council,
of November 27, 2008, concerning the application of the principle of mutual recognition to
sentences in criminal matters that impose penalties or other deprivative measures of liberty
for the purpose of implementing such sentences in the European Union.
The implementation of the conviction shall be governed by the national legislation of
...................................................... (State of execution). The authorities of that state have
competence to decide the rules of implementation and to determine all measures with
it related, including the grounds for early release or freedom
probation.
The competent authority of ........................................................................... (State of
execution) shall deduct the totality of the period of deprivation of liberty already fulfilled, in the
scope of the conviction, of the total duration of the custodising penalty of freedom to be fulfilled. The
competent authority of ......................................................................... (State of execution)
can only adapt the conviction, if its nature or duration is incompatible with the right
of that state. The adapted penalty may not aggravate, by its nature or duration, the
conviction imposed in ............................................................. (State of issue).
CHAIR OF THE COUNCIL OF MINISTERS
61
ANNEX III
(as referred to in Article 30 (1))
CERTIDÃO3
a) State of issue:
State of execution
b) Court that handed down the sentence that imposes a suspended sentence, conditional conviction
or alternative sanction
Official designation:
Authority to contact if supplementary information has to be collected
related to the sentence:
The court above stated
The central authority; if this quadricity is pointed out, state the official designation of this
central authority:
Other competent authority; if this quadricity is pointed out, state the designation
3 This certificate shall be drawn up or translated into the official language, or in one of the official languages, of the Member State of implementation, or in any other official language of the Institutions of the European Union accepted by that State.
CHAIR OF THE COUNCIL OF MINISTERS
62
officer of this authority:
Contact details of the court / central authority / other competent authority
Morada:
Phone number: (national prefix) (local prefix)
Fax number: (national prefix) (local prefix)
Data from the person (s) to contact
Nickname:
Own name (s):
Functions (title / degree):
Phone number: (national prefix) (local prefix)
Fax number: (national prefix) (local prefix)
Electrolytic address (event.):
Languages that can be used in communication
a) c) (event.) Authority that delivered the decision on parole
Official designation:
CHAIR OF THE COUNCIL OF MINISTERS
63
Authority to contact if supplementary information has to be collected
related to the decision on parole
The authority above stated
The central authority; if this quadricity is pointed out, state the official designation of this
central authority, if it has not already been indicated in b):
Other competent authority; if this quadricity is pointed out, state the designation
officer of this authority:
Contacts of the authority, central authority or other competent authority, if not
have already been indicated in b)
Morada:
No. tel.: (national prefix) (local prefix)
No. fax: (national prefix) (local prefix)
Data from the person (s) to contact
Nickname:
Own name (s):
Functions (title / degree):
No. tel.: (national prefix) (local prefix)
No. fax: (national prefix) (local prefix)
Electrolytic address (event.):
Languages that can be used in communication:
CHAIR OF THE COUNCIL OF MINISTERS
64
d) competent authority in the surveillance of surveillance measures or
alternative sanctions
Authority of the issuing State competent for the surveillance of surveillance measures
or of the alternative sanctions:
The court / authority referred to in b)
The authority referred to in c)
Other authority (state the official designation):
Authority to contact, if supplementary information has to be collected for
effects of surveillance of surveillance measures or alternative sanctions:
The authority above stated
The central authority; if this quadricity is pointed out, state the official designation of this
central authority, if it has not already been indicated in b) or (c):
Contacts of the authority or the central authority, if they have not already been indicated in b)
or c):
Morada:
No. tel.: (national prefix) (local prefix)
No. fax: (national prefix) (local prefix)
Data from the person (s) to contact
Nickname:
Own name (s):
CHAIR OF THE COUNCIL OF MINISTERS
65
Functions (title / degree):
No. tel.: (national prefix) (local prefix)
No. fax: (national prefix) (local prefix)
Electrolytic address (event.):
Languages that can be used in communication:
e) Data of the natural person with respect to which the sentence was handed down and, if any
of this, the decision on parole
Nickname:
Own name (s):
Maiden name (event.):
Alwedges or pseudonyms (event.):
Sex:
Nationality:
Identification number or social security number (if they exist):
Date of birth:
Place of birth:
Last known address / residence (s) (event.):
in the State of issue:
CHAIR OF THE COUNCIL OF MINISTERS
66
in the executing State:
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 sentenced person (ticket of
identity, passport):
Type and number of the residence permit of the sentenced person, in the State of execution:
f) Information relating to the Member State to which the sentence is transmitted and, if it is
case, the decision on probation, accompanied by the certificate
The sentence and, where appropriate, the decision on parole, accompanied by
of the certificate are transmitted to the State of execution indicated in a) for the following reason:
The convicted person has his / her lawful and habitual residence in the State of execution and
has returned, or intends to return, to that State
The convicted person has moved, or intends to change, to the State of execution by the (s)
following reason (s) (mark the appropriate quadricle):
the convicted person has obtained a contract of employment in the executing State;
the convicted person is a member of the family of a person with legal residence and
customary in the State of execution;
the convicted person intends to follow studies or a training in the State of
execution;
another reason (specify):
CHAIR OF THE COUNCIL OF MINISTERS
67
g) Information relating to the sentence and, where appropriate, the decision regarding freedom
conditional
The sentence was handed down on (date: DD-MM-AAAA):
(event.) The decision on parole was handed down in (date: DD-MM-AAAA):
The sentence transited on trial in (date: DD-MM-AAAA):
(event.) The decision on probation became final in (date: DD-MM-
AAAA):
The execution of the sentence began in (if it is different from the date on which the sentence transited
on trial) (date: DD-MM-AAAA):
(event.) The implementation of the decision on probation has started in (if it is
different from the date on which the decision on probation became final)
(date: DD-MM-AAAA):
No. of the process referred to in the sentence (if it exists):
(event.) No. of process referred to in the decision on parole (if
exist):
1. The sentence covers a total of: ... infraction (s).
Summary of the facts and description of the circumstances in which the infraction (s) was (were)
committed (s), including the moment, place and degree of participation of the convicted person:
CHAIR OF THE COUNCIL OF MINISTERS
68
Nature and legal qualification of the infraction (s) and applicable legal provisions in which
settles the sentence handed down:
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):
Participation in a criminal organisation
Terrorism
Trafficking in human beings
Sexual exploitation of children and pedopornography
Illicit trafficking in narcotic drugs and psychotropic substances
Illicit trafficking of weapons, ammunition and explosives
Corruption
Fraud, including the aggrieved fraud of the financial interests of the European Communities
in the acetment of the Convention of July 26, 1995 on the Protection of Interests
Financial of the European Communities
Bleaching of the proceeds of crime
Currency falsification, including the counterfeit euro
Cybercrime
Crimes against the environment, including the illicit trafficking of endangered animal species and of
species and plant varieties threatened
Aid for irregular entry and permanence
CHAIR OF THE COUNCIL OF MINISTERS
69
Voluntary manslaughter and serious bodily offenses
Illicit trafficking of human organs and tissues
Abduction, kidnapping and taking of hostages
Racism and xenophobia
Organized robbery or the armed robbery
Trafficking in cultural goods, including antiques and works of art
Burla
Extortion of protection and extortion
Counterfeit and piratagem of products
Falsification of administrative documents and respect trafficking
Falsification of means of payment
Illicit trafficking of hormonal substances and other growth stimulators
Illicit trafficking in nuclear and radioactive materials
Trafficking of stolen vehicles
Violation
Fire-post
Crimes covered by the jurisdiction of the International Criminal Court
Deviation by plane or ship
Sabotage
3. If the infraction (s) identified under section 1 is not (in) covered by the point
2, or the sentence and, where appropriate, the decision on probation as well as the
CHAIR OF THE COUNCIL OF MINISTERS
70
certificate, are passed on to a Member State which has stated that it will check the
double jeoparning (Article 10 (4) of the Framework Decision), submit a description
complete of the infraction (s) concerned:
h) Indicate if the person was present at the trial that led to the decision:
1. Yes the person was present at the trial that led to the decision
2. No, the person was not present at the trial that led to the decision
3. If you have pointed out the square in section 2, please confirm if you check one of the following
situations:
3.1a. the person was notified personally in ... (dia/mach/year) and that informed mode
of the date and place provided for the judgment that led to the decision and informed that
such a decision could be delivered even by not being present at the trial;
OR
3.1b. the person was not notified personally, but received effectively by others
means an official information of the date and place provided for the trial that it conducted
to the decision, in a way that left unmistakably established that he had knowledge
of the planned trial, and was informed that a decision could be handed down even
not being present at the trial;
OR
3.2. Having knowledge of the planned judgment, the person conferred mandate to a
defender assigned by himself or the state for his defense in court and was effectively
CHAIR OF THE COUNCIL OF MINISTERS
71
represented by that defender in the trial;
OR
3.3. the person was notified of the decision in ... (dia/mach/year) and was expressly
informed of the right to retrial or the appeal and to be present at that trial
or appeal, which allows for the reassessment of the merit of the cause, including new evidence, and may
lead to a separate decision from the initial, and
has expressly stated that it did not contest the decision;
OR
did not require retrial or appeal within the applicable time frame.
4. If you have pointed out the quadricle at point 3.1b, 3.2 or 3.3 above, please provide information
on the way in which the relevant condition was fulfilled:
.........................................................................................................
.........................................................................................................
.......................................................
i) Information relating to the nature of the conviction imposed or, where applicable, the decision
on parole
CHAIR OF THE COUNCIL OF MINISTERS
72
1. The present certificate relates to one:
Penalty suspended (= jail term or custodist measure of freedom whose execution is
suspended conditionally, in whole or in part, in order to be pronounced the conviction)
Conditional condemnation:
the application of a penalty has been conditionally suspended, upon application of
one or more surveillance measures
have been applied one or more surveillance measures in lieu of a prison sentence
or deprivative measure of freedom
Alternative sanction:
sentence applies a prison sentence or deprivative measure of liberty to be carried out
in case of default of the duty (s) or rule (s) of conduct in question
the sentence does not contain a prison sentence or deprivative measure of freedom to
perform in case of default of the duty (s) or rule (s) of conduct in question
Probation (= early release of a convicted person, after the
compliance with a portion of the prison sentence or deprivative measure of freedom)
2. Supplemental information
2.1. The sentenced person has served preventive detention during the following period:
CHAIR OF THE COUNCIL OF MINISTERS
73
2.2. The person served jail time / deprivative measure of freedom during the following
period (to be completed only in case of probation):
2.3. In case of a suspended sentence
duration of the prison sentence that was the subject of conditional suspension:
length of the suspension period:
2.4. If it is known, duration of the deprivation of freedom to be fulfilled in the event of
repeal of the suspension of the execution of the sentence;
revocation of probation; or
non-compliance with the alternative sanction (if the sentence applies a prison sentence or a
deprivative measure of freedom to be carried out in the event of default of such penalty):
j) Information regarding the duration and nature of the surveillance measure (s) or of the (s)
sanction (s) alternative (s)
1. Total duration of the surveillance of the surveillance measure (s) or the sanction (s)
alternative (s):
CHAIR OF THE COUNCIL OF MINISTERS
74
2. (event.) Duration of each of the obligations imposed in the scope of the measure (s) of
surveillance or the alternative (s) sanction (s):
3. Total duration of the surveillance period (non-coinced case with the duration indicated in 1):
4. Nature of the measure (s) of surveillance or the alternative sanction (s) (may be
pointed out various squares):
Duty of the person convicted of communicating to a specific authority any change
of residence or place of work
Prohibition to enter certain places, sites or defined areas of the State of
issue or execution
Duty to respect certain restrictions with regard to the exit of the territory of the State of
execution
Imposition of rules related to behaviour, residence, education and
formation, the occupation of leisure time, or that establish restrictions or modalities
concerning the exercise of professional activity
Duty to appear at times determined before a specific authority
Duty to avoid contact with certain persons
A duty to avoid contact with specific objects that have been, or are susceptible to
of being, used by the convicted person to commit a criminal infraction
Duty to financially repair the damage resulting from the infraction and / or present
evidence of your compliance
Provision of work in favour of the community
CHAIR OF THE COUNCIL OF MINISTERS
75
Duty to cooperate with a surveillance agent or representative of the social service
competent
Submit to treatment or cure of detoxing
Other measures that the State of implementation is prepared to ensure the surveillance in
terms of a notification under Article 4 (2) of the Framework Decision
5. Detailed description of the measure (s) of surveillance or the alternative sanction (s)
indicated (s) in 4:
6. Mark the following quadricle if there are reports on the compliance of the measures
of surveillance in question:
If this quadricle is pointed out, indicate in which language (s) the relatórios4 were drawn up:
k) Other pertinent circumstances, including relevant information on convictions
previous or specific reasons for the application of the surveillance measure (s) or the (s)
sanction (s) alternative (s) (optional information):
The text of the sentence and, where appropriate, of the decision on probation, is
apensed to the certificate.
Signature of the authority issuing the certificate and or of its representative, confirming the
correctness of your content:
4 The State of implementation is not obliged to provide the translation of such reports.
CHAIR OF THE COUNCIL OF MINISTERS
76
Name:
Functions (title / degree):
Date:
(event.) No. of process:
(event.) Official stamp:
ANNEX IV
(referred to in Article 42 (3) and (4))
FORM-TYPE
NOTICE OF FAILURE TO COMPLY WITH SURVEILLANCE MEASURES OR
OF THE ALTERNATIVE SANCTIONS, OR OF OTHER FACTS FOUND
CHAIR OF THE COUNCIL OF MINISTERS
77
a) Data on the identity of the person subject to surveillance:
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 sentence and, where appropriate, the decision regarding freedom
probation in the scope of suspended sentence, conditional conviction, alternative sanction or
probation:
The sentence was handed down on (date):
(event.) No. of process:
(event.) The decision on parole was handed down in (date):
(event.) No. of process:
CHAIR OF THE COUNCIL OF MINISTERS
78
Court that delivered the sentence
Official designation:
Morada:
(event.) Authority that delivered the decision on parole
Official designation:
Morada:
The certificate has been issued on (date):
Authority that issued the certificate:
No. of process in the State of issuance (if it exists):
c) Information relating to the authority responsible for the surveillance of the measure (s) of
surveillance or the alternative (s) sanction (s):
Official designation of the authority:
Name of the person to be contacted:
Functions (title / degree):
Morada:
No. tel.: (national prefix) (local prefix)
Fax: (national prefix) (local prefix)
An electro address:
d) Measure (s) of alternative surveillance or sanction (s):
CHAIR OF THE COUNCIL OF MINISTERS
79
The person designated in a) has infringed the following duty (s) or rule (s) of conduct:
Duty of the person convicted of communicating to a specific authority any change
of residence or place of work
Prohibition to enter certain places, sites or defined areas of the State of
issue or execution
Duty to respect certain restrictions with regard to the exit of the territory of the State of
execution
Imposition of rules related to behaviour, residence, education and
formation, the occupation of leisure time, or that establish restrictions or modalities
concerning the exercise of professional activity
Duty to appear at times determined before a specific authority
Duty to avoid contact with certain persons
A duty to avoid contact with specific objects that have been, or are susceptible to
of being, used by the convicted person to commit a criminal infraction
Duty to financially repair the damage resulting from the infraction and / or present
evidence of your compliance
Provision of work in favour of the community
Duty to cooperate with a surveillance agent or representative of the social service
competent
Submit to treatment or cure of detoxing
Other measures:
e) Description of the default (s) (place, date and specific circumstances):
f) (event.) Other facts found:
CHAIR OF THE COUNCIL OF MINISTERS
80
Description of the facts:
g) Data from 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)
Electrolytic address (event.):
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:
