Transmisión de registros y documentos – autoridad – procedimientos de la CPI

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 159
Handing over of property, valuables, documents or files

1. At the request of the competent foreign authorities, any property, in particular documents or valuables, the seizure of which is consistent with the Portuguese law, may be put at the disposal of those authorities if they are relevant to the criminal proceedings.

2. Any proceeds from an offence may be returned to their owners regardless of criminal proceedings having been instituted in the requesting State.

3. Criminal files or other records which are of importance to criminal proceedings pending in a foreign State may be handed over to the competent authorities of that State, provided that they shall be returned within the time-limit fixed by the competent Portuguese authorities.

4. The handing over of any property, valuables, documents or criminal files may be delayed if they are required in connection with pending criminal proceedings.

5. Authenticated copies of the documents or files requested may be handed over instead of the originals; however, should the foreign authority expressly request the transmission of originals, the request shall as far as possible be complied with if the condition for their restitution provided in paragraph 3 above is met.

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance


Article 162
Information from criminal records

Direct communication of requests relating to criminal records, as mentioned in paragraph 5 of Article 152, shall be addresses to the criminal identification services.


Article 163
Information about criminal judgements

1. Information about or copies of criminal judgements, as well as information about measures taken after criminal judgements or any other relevant information relating to any of those may be requested in respect of nationals of the requesting State.

2. Any requests submitted under the provisions of the preceding paragraph must be channelled through the Central Authority.

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance

Article 159
Handing over of property, valuables, documents or files

1. At the request of the competent foreign authorities, any property, in particular documents or valuables, the seizure of which is consistent with the Portuguese law, may be put at the disposal of those authorities if they are relevant to the criminal proceedings.

2. Any proceeds from an offence may be returned to their owners regardless of criminal proceedings having been instituted in the requesting State.

3. Criminal files or other records which are of importance to criminal proceedings pending in a foreign State may be handed over to the competent authorities of that State, provided that they shall be returned within the time-limit fixed by the competent Portuguese authorities.

4. The handing over of any property, valuables, documents or criminal files may be delayed if they are required in connection with pending criminal proceedings.

5. Authenticated copies of the documents or files requested may be handed over instead of the originals ; however, should the foreign authority expressly request the transmission of originals, the request shall as far as possible be complied with if the condition for their restitution provided in paragraph 3 above is met.

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance

Article 162
Information from criminal records

Direct communication of requests relating to criminal records, as mentioned in paragraph 5 of Article 152, shall be addresses to the criminal identification services.

Article 163
Information about criminal judgements

1. Information about or copies of criminal judgements, as well as information about measures taken after criminal judgements or any other relevant information relating to any of those may be requested in respect of nationals of the requesting State.

2. Any requests submitted under the provisions of the preceding paragraph must be channelled through the Central Authority.

Estatuto de Roma

Artículo 93 Otras formas de cooperación

1. Los Estados Partes, de conformidad con lo dispuesto en la presente Parte y con los procedimientos de su derecho interno, deberán cumplir las solicitudes de asistencia formuladas por la Corte en relación con investigaciones o enjuiciamientos penales a fin de:

(i) Transmitir registros y documentos, inclusive registros y documentos oficiales;