Part I
General
CHAPTER II
General rules of procedure
Article 26
Expenses
1. As a general rule, the execution of a request for international co-operation shall be free of charge.
2. The requesting State or the requesting international judicial entity shall however bear the following expenses:
a) compensation and remuneration, as well as travel and subsistence allowances, due to witnesses and experts;
b) expenses incurred by reason of sending or handing over property;
c) expenses incurred with the transfer of persons to the territory of that State or the seat of that entity;
d) expenses incurred with the transit of persons coming from a foreign State or from the seat of that entity, en route to a third State or to the seat of that entity;
e) expenses incurred with carrying out video-conferences at the request of third parties;
f) other expenses deemed by the requested State to be of relevance on account of the human or technological means used.
3. For the purposes mentioned in sub-paragraph a) of the preceding paragraph, an advance payment may be made to a witness or an expert; such an advance shall be notified to the other party and reimbursed after the execution of the request.
4. The provisions of paragraph 2 above may be departed from by way of an agreement between Portugal and the relevant foreign State, or international judicial entity.
Part II
Extradition
CHAPTER III
Final provision
Article 73
Legal costs; judicial recess
1. Extradition procedures shall be free of costs, save the provisions of paragraph 2, sub-paragraphs b) to d), and paragraph 4 of Article 26.
2. Extradition procedures shall be regarded as urgent and shall not stop during the periods of judicial recess.
Part III
Transfer of criminal proceedings
CHAPTER III
Common provisions
Article 94
Legal costs
1. Any legal costs due for proceedings abroad, before the transfer of such proceedings to Portugal, shall add to the legal costs due for the proceedings continued in Portugal and shall be claimed together with latter; such costs shall not be reimbursed to the foreign State concerned.
2. Portugal shall inform the foreign State of the amount of legal costs due for the proceedings, before the latter are transferred to that State; Portugal shall not require the reimbursement of such legal costs.
Part IV
Enforcement of criminal judgements
CHAPTER I
Enforcement of foreign criminal judgements
Article 98
Limits to the enforcement
2. Any order to the effect of exacting the legal costs shall be limited to the costs due to the requesting State.
Part V
Supervision of conditionally sentenced or conditionally released offenders
CHAPTER VI
Common provisions
Article 144
Expenses and legal costs
1. Upon application of the requesting State, expenses incurred with, and legal cost resulting from the procedure in that State, if duly indicated, shall be collected.
2. Where expenses or costs are collected, refund to the requesting State shall not be mandatory, save experts' fees.
3. Supervision and enforcement expenses incurred shall not be refunded by the requested State.
Part VI
Mutual legal assistance in criminal matters
CHAPTER III
Special forms of international assistance
Article 154
Summons to appear
7. The allowances, remunerations and expenses mentioned in paragraph 5 above shall be calculated as from the place of residence of the person concerned and shall be at the rates provided for in the law of the State where the hearing is intended to take place.
Part VI
Mutual legal assistance in criminal matters
CHAPTER III
Special forms of international assistance
Article 154
Summons to appear
5. Requests shall indicate the allowances and remunerations, as well as the travelling and subsistence expenses, to be paid out; they ought to be transmitted reasonably in advance so that they can be received 50 days at least before the date at which the person should appear.
Part I
General
CHAPTER II
General rules of procedure
Article 26
Expenses
1. As a general rule, the execution of a request for international co-operation shall be free of charge.
2. The requesting State or the requesting international judicial entity shall however bear the following expenses :
a) compensation and remuneration, as well as travel and subsistence allowances, due to witnesses and experts ;
b) expenses incurred by reason of sending or handing over property ;expenses incurred with the transfer of persons to the territory of that State or the seat of that entity ; expenses incurred with the transit of persons coming from a foreign State or from the seat of that entity, en route to a third State or to the seat of that entity ; expenses incurred with carrying out video-conferences at the request of third parties;other expenses deemed by the requested State to be of relevance on account of the human or technological means used.
3. For the purposes mentioned in sub-paragraph a) of the preceding paragraph, an advance payment may be made to a witness or an expert ; such an advance shall be notified to the other party and reimbursed after the execution of the request.
Part II
Extradition
CHAPTER III
Final provision
Article 73
Legal costs ; judicial recess
1. Extradition procedures shall be free of costs, save the provisions of paragraph 2, sub-paragraphs b) to d), and paragraph 4 of Article 26.
2. Extradition procedures shall be regarded as urgent and shall not stop during the periods of judicial recess.
Part III
Transfer of criminal proceedings
CHAPTER III
Common provisions
Article 94
Legal costs
1. Any legal costs due for proceedings abroad, before the transfer of such proceedings to Portugal, shall add to the legal costs due for the proceedings continued in Portugal and shall be claimed together with latter ; such costs shall not be reimbursed to the foreign State concerned.
2. Portugal shall inform the foreign State of the amount of legal costs due for the proceedings, before the latter are transferred to that State ; Portugal shall not require the reimbursement of such legal costs.
Part IV
Enforcement of criminal judgements
CHAPTER I
Enforcement of foreign criminal judgements
Article 98
Limits to the enforcement
2. Any order to the effect of exacting the legal costs shall be limited to the costs due to the requesting State.
Part V
Supervision of conditionally sentenced or conditionally released offenders
CHAPTER VI
Common provisions
Article 144
Expenses and legal costs
1. Upon application of the requesting State, expenses incurred with, and legal cost resulting from the procedure in that State, if duly indicated, shall be collected.
2. Where expenses or costs are collected, refund to the requesting State shall not be mandatory, save experts' fees.
3. Supervision and enforcement expenses incurred shall not be refunded by the requested State.
Part VI
Mutual legal assistance in criminal matters
CHAPTER III
Special forms of international assistance
Article 154
Summons to appear
5. Requests shall indicate the allowances and remunerations, as well as the travelling and subsistence expenses, to be paid out ; they ought to be transmitted reasonably in advance so that they can be received 50 days at least before the date at which the person should appear.
Part VI
Mutual legal assistance in criminal matters
CHAPTER III
Special forms of international assistance
Article 154
Summons to appear
7. The allowances, remunerations and expenses mentioned in paragraph 5 above shall be calculated as from the place of residence of the person concerned and shall be at the rates provided for in the law of the State where the hearing is intended to take place.
1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:
(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;
(b) Costs of translation, interpretation and transcription;
(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
(d) Costs of any expert opinion or report requested by the Court;
(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
(f) Following consultations, any extraordinary costs that may result from the execution of a request.
2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.