Debates Parlamentares - Diário 007S2, p. 169 (2008-10-02)

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169 | II Série A - Número: 007S2 | 2 de Outubro de 2008

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE PEOPLE’S REPUBLIC OF CHINA ON MUTUAL JUDICIAL ASSISTANCE IN CRIMINAL MATTERS

The Portuguese Republic and the People’s Republic of China (hereinafter referred to as “the Contracting States”), With a view to improving the effective cooperation between the two countries in respect of mutual judicial assistance in criminal matters on the basis of mutual respect for sovereignty and equality and mutual benefit, Have decided to conclude this Agreement and have agreed as follows:

Article 1 Scope of Application

1. The Contracting States shall, in accordance with the provisions of this Agreement, provide mutual judicial assistance in criminal matters.
2. Such assistance shall include:

(a) serving documents of criminal proceedings; (b) taking testimonies or statements from persons; (c) providing documents, records and articles of evidence; (d) obtaining and providing expert evaluations; (e) locating and identifying persons; (f) conducting judicial inspections or examining sites or objects; (g) making persons available for giving evidence or assisting in investigations; (h) transferring persons in custody for giving evidence or assisting in investigations; (i) conducting inquiry, searches, freezing and seizures; (j) forfeiting proceeds from criminal activities and instruments of crime; (k) notifying results of criminal proceedings and supplying criminal records; (l) exchanging information on law; and (m) any other forms of assistance which is not contrary to the laws of the Requested State.

3. This Agreement shall only apply to mutual judicial assistance between both Contracting States. The provision of this Agreement shall deny any private person any right to obtain or exclude any evidence, or to impede the execution of a request.

Article 2 Central Authorities

1. Each Contracting State shall designate Central Authorities responsible for sending, receiving and transmitting the requests for judicial assistance provided for under this Agreement.
2. The Central Authorities referred to in paragraph 1 of this Article shall be the Procuradoria-Geral da República for the Portuguese Republic and the Supreme People’s Procuratorate and the Ministry of Justice for the People’s Republic of China.
3. Should either Contracting State changes its designated Central Authority, it shall inform the other Contracting State of such change through diplomatic channels.

Article 3 Refusal or Postponement of Assistance

1. The Requested State may refuse to provide assistance if:

169 | II Série A - Número: 007S2 | 2 de Outubro de 2008AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE PEOPLE’S REPUBLIC OF CHINA ON MUTUAL JUDICIAL ASSISTANCE IN CRIMINAL MATTERSThe Portuguese Republic and the People’s Republic of China (hereinafter referred to as “the Contracting States”), With a view to improving the effective cooperation between the two countries in respect of mutual judicial assistance in criminal matters on the basis of mutual respect for sovereignty and equality and mutual benefit, Have decided to conclude this Agreement and have agreed as follows:Article 1 Scope of Application1. The Contracting States shall, in accordance with the provisions of this Agreement, provide mutual judicial assistance in criminal matters.
2. Such assistance shall include:(a) serving documents of criminal proceedings; (b) taking testimonies or statements from persons; (c) providing documents, records and articles of evidence; (d) obtaining and providing expert evaluations; (e) locating and identifying persons; (f) conducting judicial inspections or examining sites or objects; (g) making persons available for giving evidence or assisting in investigations; (h) transferring persons in custody for giving evidence or assisting in investigations; (i) conducting inquiry, searches, freezing and seizures; (j) forfeiting proceeds from criminal activities and instruments of crime; (k) notifying results of criminal proceedings and supplying criminal records; (l) exchanging information on law; and (m) any other forms of assistance which is not contrary to the laws of the Requested State.3. This Agreement shall only apply to mutual judicial assistance between both Contracting States. The provision of this Agreement shall deny any private person any right to obtain or exclude any evidence, or to impede the execution of a request.Article 2 Central Authorities1. Each Contracting State shall designate Central Authorities responsible for sending, receiving and transmitting the requests for judicial assistance provided for under this Agreement.
2. The Central Authorities referred to in paragraph 1 of this Article shall be the Procuradoria-Geral da República for the Portuguese Republic and the Supreme People’s Procuratorate and the Ministry of Justice for the People’s Republic of China.
3. Should either Contracting State changes its designated Central Authority, it shall inform the other Contracting State of such change through diplomatic channels.Article 3 Refusal or Postponement of Assistance1. The Requested State may refuse to provide assistance if:

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