Service of documents - national procedures for ICC proceedings

Portugal

Law No. 144/99, of 31 August, on International Judicial Cooperation in Criminal Matters

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance

Article 153
Service of documents

1. The Portuguese authorities shall service any judicial decisions, as requested by a foreign authority.

2. Service may be carried out by simple transmission of the documents to the person by post or, where the foreign authority expressly so requests, by any other manner if consistent with the Portuguese law.

3. Proof of service shall be given either by means of a document dated and signed by the person served or by means of a statement made by the Portuguese authority indicating the manner in which the documents were served and the date.

4. Documents shall be deemed to be serviced when they are accepted, as well as when they are refused in writing.

5. If documents cannot be served as requested, the foreign authority shall be informed of the reasons thereof.

6. The provisions of this Article shall not prejudice direct service to any person who is present on the territory of a foreign State, in accordance with the provisions of any agreement, treaty or convention to which Portugal is a party.

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance

Article 153
Service of documents

1. The Portuguese authorities shall service any judicial decisions, as requested by a foreign authority.

2. Service may be carried out by simple transmission of the documents to the person by post or, where the foreign authority expressly so requests, by any other manner if consistent with the Portuguese law.

3. Proof of service shall be given either by means of a document dated and signed by the person served or by means of a statement made by the Portuguese authority indicating the manner in which the documents were served and the date.

4. Documents shall be deemed to be serviced when they are accepted, as well as when they are refused in writing.

5. If documents cannot be served as requested, the foreign authority shall be informed of the reasons thereof.

6. The provisions of this Article shall not prejudice direct service to any person who is present on the territory of a foreign State, in accordance with the provisions of any agreement, treaty or convention to which Portugal is a party.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;