Disponibilidad a recibir condenados

República Portuguesa

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 95
Principle

1. Final and enforceable foreign criminal judgements may be enforced in Portugal under the conditions laid down in this law.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER I
General


Article 126
Principles

1. International co-operation with a view to the supervision of conditionally sentenced or conditionally released offenders habitually resident on the territory of the State to which such co-operation is requested,
shall be admissible under the terms of the provisions of the Articles that follow.

2. Co-operation as mentioned in the preceding paragraph shall aim at:

a) facilitating the social rehabilitation of the offender through the adoption of adequate measures;
b) supervising the behaviour of the person concerned with a view either to order a criminal reaction on that person or to enforce a criminal reaction already ordered.


Article 127
Subject-matter

1. Co-operation provided for in this Part may consist in one of the following modalities:

a) supervision of the sentenced person;
b) supervision and eventual enforcement of the sentence, or
c) full enforcement of the sentence.

2. Where a request for co-operation under one of the above-mentioned modalities is received, it may be refused and one of the other modalities, if deemed to be more adequate, proposed in its stead; such a counter-proposal shall have no effect unless it is accepted by the requesting State.


Article 128
Competence

Co-operation shall be made subject to a request from the State on whose territory the judgement was rendered.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 95
Principle

1. Final and enforceable foreign criminal judgements may be enforced in Portugal under the conditions laid down in this law.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER I
General

Article 126
Principles

1. International co-operation with a view to the supervision of conditionally sentenced or conditionally released offenders habitually resident on the territory of the State to which such co-operation is requested, shall be admissible under the terms of the provisions of the Articles that follow.

2. Co-operation as mentioned in the preceding paragraph shall aim at :
a) facilitating the social rehabilitation of the offender through the adoption of adequate measures ;
b) supervising the behaviour of the person concerned with a view either to order a criminal reaction on that person or to enforce a criminal reaction already ordered.

Article 127
Subject-matter

1. Co-operation provided for in this Part may consist in one of the following modalities :

a) supervision of the sentenced person ;
b) supervision and eventual enforcement of the sentence, or
c) full enforcement of the sentence.

2. Where a request for co-operation under one of the above-mentioned modalities is received, it may be refused and one of the other modalities, if deemed to be more adequate, proposed in its stead ; such a counter-proposal shall have no effect unless it is accepted by the requesting State.

Article 128
Competence

Co-operation shall be made subject to a request from the State on whose territory the judgement was rendered.

Estatuto de Roma

Artículo 103 Función de los Estados en la ejecución de las penas privativas de libertad

1

(a) La pena privativa de libertad se cumplirá en un Estado designado por la Corte sobre la base de una lista de Estados que hayan manifestado a la Corte que están dispuestos a recibir condenados;

(b) En el momento de declarar que está dispuesto a recibir condenados, el Estado podrá poner condiciones a reserva de que sean aceptadas por la Corte y estén en conformidad con la presente Parte;

(c) El Estado designado en un caso determinado indicará sin demora a la Corte si acepta la designación.