Trials in absentia

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 96
Specific requirements

1. Any request for the enforcement in Portugal of a foreign criminal judgement shall be admissible only subject to the general requirements provided for in this law, as well as the following requirements :

b) if the sentence was pronounced during a trial in the absence of the sentenced person, the later must have been given the legal possibility of requesting a new trial or introducing an appeal ;

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER I
General

Article 130
Optional refusal

Notwithstanding the general requirements provided for in this law, co-operation requested to Portugal may be refused if :

a) the decision with respect to which the request is made was taken in absentia and there was no legal possibility to have a new trial or for an appeal ;

Rome Statute

Article 63 Trial in the presence of the accused

1. The accused shall be present during the trial.