Part I
General
CHAPTER II
General rules of procedure
Article 28
Handing over of property or money
1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.
2. Handing over may be delayed; property and money may be handed over on condition that they are returned.
3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.
4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.
5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.
Part I
General
CHAPTER II
General rules of procedure
Article 28
Handing over of property or money
1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.
2. Handing over may be delayed; property and money may be handed over on condition that they are returned.
3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.
4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.
5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.
Part IV
Enforcement of criminal judgements
CHAPTER III
Proceeds of fines, confiscated property and provisional measures
Article 110
Proceeds of fines and confiscated property
1. The proceeds of any fines imposed by foreign sentences enforced in Portugal shall revert to the Portuguese State.
2. If however the sentencing State so requires, such proceeds may be rendered to it on the condition that under the same circumstances reciprocity would apply.
3. The provisions of both preceding paragraphs shall apply mutatis mutandis where the enforcement of a Portuguese sentence is transferred to a foreign State.
4. Property confiscated shall revert to the State of enforcement, but may however be remitted to the sentencing State if it so requires, if the property is of special interest to it and if reciprocity is ensured.
1. Un fonds est créé, sur décision de l'Assemblée des États Parties, au profit des victimes de crimes relevant de la compétence de la Cour et de leurs familles.
2. La Cour peut ordonner que le produit des amendes et tout autre bien confisqué soient versés au fonds.
3. Le fonds est géré selon les principes fixés par l'Assemblée des États Parties.
3. Les biens, ou le produit de la vente de biens immobiliers ou, le cas échéant, d'autres biens, obtenus par un État Partie en exécution d'un arrêt de la Cour sont transférés à la Cour.