State appeal and revision of sentence

Portuguese Republic

Law No. 144/99, of 31 August, on International Judicial Cooperation in Criminal Matters

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 97
Execution of decisions taken by administrative authorities

2. The communication of requests shall be made according to the provisions of treaties, conventions or agreements to which Portugal is a party or, otherwise, through the Central Authority in accordance with the provisions of this law.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 101
Applicable law; effects of enforcement

3. Only the foreign State that requests the enforcement of a sentence shall have the right to decide on any application for review of that sentence.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 101
Applicable law; effects of enforcement

5. The court which is empowered to enforce the judgement shall end the enforcement:

b) where it comes to its knowledge that an application was lodged for review of the sentence or of any other decision, if that application might result in a decision that renders the sentence unenforceable;

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER II
Supervision


Article 133
Supervision measures

1. The foreign State that requests no more than supervision shall inform the Portuguese authorities of the conditions imposed on the offender and, if applicable, of the supervisory measures with which the latter must comply during the period of probation.

2. Where the request is accepted, the prescribed supervisory measures shall, if necessary, be adapted by the court to the measures provided for in the Portuguese law.

3. In no case may the supervisory measures applied by Portugal, as regards either their nature or their duration, be more severe than those prescribed in the decision taken in the foreign State.



Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 97
Execution of decisions taken by administrative authorities

2. The communication of requests shall be made according to the provisions of treaties, conventions or agreements to which Portugal is a party or, otherwise, through the Central Authority in accordance with the provisions of this law.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 101
Applicable law ; effects of enforcement

3. Only the foreign State that requests the enforcement of a sentence shall have the right to decide on any application for review of that sentence.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 101
Applicable law ; effects of enforcement

5. The court which is empowered to enforce the judgement shall end the enforcement :

where it comes to its knowledge that an application was lodged for review of the sentence or of any other decision, if that application might result in a decision that renders the sentence unenforceable ;

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 101
Applicable law ; effects of enforcement

7. The foreign State must inform the court of any of the facts mentioned in paragraphs 5 above that might result in the enforcement being discontinued.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER II
Supervision

Article 133
Supervision measures

1. The foreign State that requests no more than supervision shall inform the Portuguese authorities of the conditions imposed on the offender and, if applicable, of the supervisory measures with which the latter must comply during the period of probation.

2. Where the request is accepted, the prescribed supervisory measures shall, if necessary, be adapted by the court to the measures provided for in the Portuguese law.

3. In no case may the supervisory measures applied by Portugal, as regards either their nature or their duration, be more severe than those prescribed in the decision taken in the foreign State.

Rome Statute

Article 105 Enforcement of the sentence

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.