Proceeds of crimes

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 98
Limits to the enforcement

1. The enforcement of a foreign judgement shall be limited to:
a) the enforcement of a sentence involving deprivation of liberty and, subject to property belonging to the sentenced person having been found in Portugal, the enforcement of a sentence involving the payment of a sum of money;
b) the confiscation of proceeds, objects or instrumentalities of the offence;
c) the enforcement of any decision concerning civil law compensation should the claimant request it.

2. Any order to the effect of exacting the legal costs shall be limited to the costs due to the requesting State.

3. The enforcement of a sentence involving the payment of a sum of money implies the conversion of the amount thereof into escudos at the rate of exchange ruling at the day when the decision reviewing and confirming the sentence was taken.

4. Ancillary sanctions and disqualifications shall be enforced only if enforcement can have practical effects in Portugal.

Part VI
Mutual legal assistance in criminal matters

Provisions common to different forms of assistance

Article 145
Principle and scope

1. Assistance shall include: the communication of information; the service of writs; communication of procedural steps or other public law acts admitted by Portuguese law if they are necessary for the purposes of criminal proceedings; as well as steps that are necessary to seize or recover proceeds from, objects of or instrumentalities of an offence.

Part VI
Mutual legal assistance in criminal matters

Special forms of international assistance

Article 159
Handing over of property, valuables, documents or files

1. At the request of the competent foreign authorities, any property, in particular documents or valuables, the seizure of which is consistent with the Portuguese law, may be put at the disposal of those authorities if they are relevant to the criminal proceedings.

2. Any proceeds from an offence may be returned to their owners regardless of criminal proceedings having been instituted in the requesting State.

3. Criminal files or other records which are of importance to criminal proceedings pending in a foreign State may be handed over to the competent authorities of that State, provided that they shall be returned within the time-limit fixed by the competent Portuguese authorities.

4. The handing over of any property, valuables, documents or criminal files may be delayed if they are required in connection with pending criminal proceedings.

5. Authenticated copies of the documents or files requested may be handed over instead of the originals; however, should the foreign authority expressly request the transmission of originals, the request shall as far as possible be complied with if the condition for their restitution provided in paragraph 3 above is met.

Article 160
Proceeds, objects and instrumentalities

1. At the request of a competent foreign authority, steps may be taken in order to trace the proceedings of an allegedly committed offence; the results thereof shall be communicated to the requesting authority.

2. The foreign authority must state the grounds on which it deems that such proceedings might be located in Portugal.

3. The Portuguese authority shall take such steps as are necessary in order to enforce any decision of a foreign court imposing the confiscation of proceeds from an offence; the provisions of Part IV shall apply mutatis mutandis.

4. When the foreign authority communicates its intention to request the enforcement of any decision as mentioned in the preceding paragraph, the Portuguese authority may take such steps as are consistent with the Portuguese law in order to prevent any dealing in, transfer or disposal of property which at a later stage shall be, or may be, the subject of that decision.

5. The provisions of this Article also apply to objects and instrumentalities of an offence.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and