Conditions attached to the willingness to accept sentenced persons

Portuguese Republic

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

Part IV
Enforcement of criminal judgements

Enforcement of foreign criminal judgements

Article 96
Specific requirements

1. Any request for the enforcement in Portugal of a foreign criminal judgement shall be admissible only subject to the general requirements provided for in this law, as well as the following requirements :

a) a sentence imposing a criminal reaction must have been rendered for an offence in respect of which the foreign State has jurisdiction ;
b) if the sentence was pronounced during a trial in the absence of the sentenced person, the later must have been given the legal possibility of requesting a new trial or introducing an appeal ;
c) the enforcement of the sentence must not run counter to the fundamental principles of the Portuguese legal system ;
d) the facts involved must not be the subject of criminal proceedings in Portugal;e) the facts involved must amount to a criminal offence under Portuguese law ;
f) the sentenced person must be a Portuguese national, or otherwise must have his habitual residence in Portugal ;
g) the enforcement of the sentence in Portugal must be justified in terms of a better chance of, either the rehabilitation of the sentenced person, or compensation for damages caused by the offence ;
h) the sentencing State must have provided guarantees that, once the sentence has been enforced in Portugal, it shall consider the criminal liability of the person concerned to be extinguished ;
i) the term to be served under the sentence must not be less than one year or, in case of a pecuniary sanction, it should correspond at least to the equivalent of 30 units of account in criminal procedure ;
j) where the sentence involves deprivation of liberty, the sentenced person must give his consent.

2. Without prejudice to the provisions of the preceding paragraph, a foreign judgement may also be enforced in Portugal if the person concerned is already serving in Portugal a sentence for any offence other than the offence for which the foreign judgement was passed.

3. The enforcement in Portugal of a foreign sentence involving deprivation of liberty shall also be admissible, even where the requirements provided for in paragraph 1, sub-paragraphs g) and j) above are not met, if, in case of escape to Portugal or other situation in which the person is present in Portugal, the extradition of the person concerned, for the offence for which he was sentenced, has been refused.

4. The provisions of the preceding paragraph shall also apply, subject to an agreement between Portugal and the foreign State concerned, once the person concerned has been heard, to the cases in which expulsion will be imposed once the sentence has been served.

5. The requirement provided for in paragraph 1, sub-paragraph i), may be dispensed with in special cases, notably where the health of the sentenced person, or reasons pertaining to his family or his profession, so dictate.

6. The enforcement of the sentence may however take place, notwithstanding the requirements provided for in paragraph 1, when Portugal, in accordance with the provisions of paragraph 2 of Article 32, will have previously extradited a Portuguese national.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.