Part I
General

CHAPTER II
General rules of procedure


Article 28
Handing over of property or money

1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.

2. Handing over may be delayed; property and money may be handed over on condition that they are returned.

3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.

4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.

5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.

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:

b) the confiscation of proceeds, objects or instrumentalities of the offence;

Part IV
Enforcement of criminal judgements

CHAPTER III
Proceeds of fines, confiscated property and provisional measures


Article 112
Provisional measures

1. At the request of the public prosecutor, the court may decide to impose such provisional measures as it deems necessary in order to ensure the possibility of enforcing a sentence where the safe-keeping of property is at stake.

2. Any decision taken upon such a request shall be open to an appeal; appeals against decisions imposing such measures shall not suspend the implementation thereof.

Part I
General

CHAPTER II
General rules of procedure

Article 28
Handing over of property or money

1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.

2. Handing over may be delayed; property and money may be handed over on condition that they are returned.

3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.

4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.

5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.

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 :

b) the confiscation of proceeds, objects or instrumentalities of the offence ;

Part IV
Enforcement of criminal judgements

CHAPTER III
Proceeds of fines, confiscated property and provisional measures

Article 112
Provisional measures

1. At the request of the public prosecutor, the court may decide to impose such provisional measures as it deems necessary in order to ensure the possibility of enforcing a sentence where the safe-keeping of property is at stake.

2. Any decision taken upon such a request shall be open to an appeal ; appeals against decisions imposing such measures shall not suspend the implementation thereof.