Enforcement of fines

Portugal

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 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;

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 98
Limits to the enforcement

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.

Part IV
Enforcement of criminal judgements

CHAPTER III
Proceeds of fines, confiscated property and provisional measures


Article 110
Proceeds of fines and confiscated property

1. The proceeds of any fines imposed by foreign sentences enforced in Portugal shall revert to the Portuguese State.

2. If however the sentencing State so requires, such proceeds may be rendered to it on the condition that under the same circumstances reciprocity would apply.

3. The provisions of both preceding paragraphs shall apply mutatis mutandis where the enforcement of a Portuguese sentence is transferred to a foreign State.

4. Property confiscated shall revert to the State of enforcement, but may however be remitted to the sentencing State if it so requires, if the property is of special interest to it and if reciprocity is ensured.


Part IV
Enforcement of criminal judgements

CHAPTER I
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 ;

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 98
Limits to the enforcement

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.

Part IV
Enforcement of criminal judgements

CHAPTER III
Proceeds of fines, confiscated property and provisional measures

Article 110
Proceeds of fines and confiscated property

1. The proceeds of any fines imposed by foreign sentences enforced in Portugal shall revert to the Portuguese State.

2. If however the sentencing State so requires, such proceeds may be rendered to it on the condition that under the same circumstances reciprocity would apply.

3. The provisions of both preceding paragraphs shall apply mutatis mutandis where the enforcement of a Portuguese sentence is transferred to a foreign State.

4. Property confiscated shall revert to the State of enforcement, but may however be remitted to the sentencing State if it so requires, if the property is of special interest to it and if reciprocity is ensured.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.