Part IV
Enforcement of criminal judgements
CHAPTER I
Enforcement of foreign criminal judgements
Article 100
Review and confirmation of foreign judgements
1. Foreign judgements shall be enforceable only after they are reviewed and confirmed, according to the provisions of the Code of Criminal Procedure and the provisions of sub-paragraphs a) and c) of paragraph 2 of Article 6 of this law.
2. When deciding on the review and confirmation of a foreign judgement, the court shall:
a) be bound by the findings as to the facts, insofar as they are deemed to be proved by the foreign judgement;
b) not convert a sanction involving deprivation of liberty into a pecuniary sanction;
c) in no circumstances aggravate the sanction imposed by the foreign court.
3. If the court deems that the facts are not clear, or are insufficient, or that there are facts that are missing, it shall request the necessary supplementary information; confirmation of the judgement shall be denied where the information mentioned in the preceding paragraph is not possible to obtain.
4. The co-operation procedures provided for in this Chapter shall be of an urgent nature and shall not be interrupted during periods of judicial recess.
5. Where the request concerns a person under arrest, a decision must be taken within six months of the date in which the request reached the court.
6. Where the request concerns the enforcement of a sentence involving deprivation of liberty, in the cases mentioned in paragraph 5 of Article 96, the delay provided for in the preceding paragraph shall be shortened to two months.
7. If an appeal is made, the delays mentioned in paragraphs 5 and 6 above shall be extended respectively by three months and one month.
Part IV
Enforcement of criminal judgements
CHAPTER I
Enforcement of foreign criminal judgements
Article 100
Review and confirmation of foreign judgements
1. Foreign judgements shall be enforceable only after they are reviewed and confirmed, according to the provisions of the Code of Criminal Procedure and the provisions of sub-paragraphs a) and c) of paragraph 2 of Article 6 of this law.
2. When deciding on the review and confirmation of a foreign judgement, the court shall be bound by the findings as to the facts, insofar as they are deemed to be proved by the foreign judgement ;
shall not convert a sanction involving deprivation of liberty into a pecuniary sanction ;
shall in no circumstances aggravate the sanction imposed by the foreign court.
3. If the court deems that the facts are not clear, or are insufficient, or that there are facts that are missing, it shall request the necessary supplementary information ; confirmation of the judgement shall be denied where the information mentioned in the preceding paragraph is not possible to obtain.
4. The co-operation procedures provided for in this Chapter shall be of an urgent nature and shall not be interrupted during periods of judicial recess.
5. Where the request concerns a person under arrest, a decision must be taken within six months of the date in which the request reached the court.
6. Where the request concerns the enforcement of a sentence involving deprivation of liberty, in the cases mentioned in paragraph 5 of Article 96, the delay provided for in the preceding paragraph shall be shortened to two months.
7. If an appeal is made, the delays mentioned in paragraphs 5 and 6 above shall be extended respectively by three months and one month.
Part V
Supervision of conditionally sentenced or conditionally released offenders
CHAPTER II
Supervision
Article 133
Supervision measures
3. In no case may the supervisory measures applied by Portugal, as regards either their nature or their duration, be more severe than those prescribed in the decision taken in the foreign State.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.