Jurisdiction of custodial State or State where present

Portugal

Adaptation of Criminal Legislation to ICC Statute

Chapter 1
General provisions

Article 5
Territorial application: acts committed outside Portuguese territory

1. The provisions of this law shall also be applicable to acts committed outside the national territory in cases where the perpetrator is present in Portugal and cannot be extradited or where it has been decided not to surrender the perpetrator to the International Criminal Court.

2. The provision of article 6 (2) of the Criminal Code shall not be applicable.

The Portuguese Penal Code General Part (Articles 1-130)

BOOK I-GENERAL PART

TITLE I-THE CRIMINAL LAW

SINGLE CHAPTER-GENERAL PRINCIPLES

Article 5
Acts occurred abroad

1-b) When regarded as a crime under the articles 159, 160, 169, 172, 173, 176, 236 to 238, number 1
under the article 239, and the article 242, provided that the agent is found in Portugal and cannot by extradited;

BOOK I-GENERAL PART

TITLE I-THE CRIMINAL LAW

SINGLE CHAPTER-GENERAL PRINCIPLES

Article 5
Acts occurred abroad

1-d) Against Portuguese, by Portuguese usually living in Portugal at the time of its perpetration, if they are found here;

BOOK I-GENERAL PART

TITLE I-THE CRIMINAL LAW

SINGLE CHAPTER-GENERAL PRINCIPLES

Article 5
Acts occurred abroad

1-e) By foreigners, when found in Portugal, whose extradition has been requested, when considered as crimes admitting extradition and this cannot be conceded.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.