O texto apresentado é obtido de forma automática, não levando em conta elementos gráficos e podendo conter erros. Se encontrar algum erro, por favor informe os serviços através da página de contactos.
Não foi possivel carregar a página pretendida. Reportar Erro

12 | II Série A - Número: 021S1 | 31 de Agosto de 2011

3. The scope of this Agreement shall encompass crimes constituting an offence punishable under the domestic law of the Parties by a maximum deprivation of liberty of more than one year more serious penalty.

Article 3 Fingerprinting data

1. For the purpose of implementing this Agreement, the Parties shall ensure the availability of reference data from the file for the national automated fingerprint identification systems established for the prevention and investigation of criminal offenses. 2. Reference data shall only include fingerprinting data and a reference.

Article 4 Automated querying of fingerprint data

1. For the prevention and investigation of crime, each Party shall allow the other Party’s national contact points, as referred to in Article 7, access to the reference data in the automated fingerprint identification system which it has established for that purpose, with the power to conduct automated queries by comparing fingerprinting data.
2. Queries may be conducted only in individual cases and in compliance with the querying Party’s national law.
3. Firm matching of fingerprinting data with reference data held by the Party in charge of the file shall be carried out by the querying national contact points by means of the automated supply of the reference data required for a clear match.
4. When needed, further analysis for the purpose of confirming a match of the fingerprinting data with reference data held by the Party in charge of the file shall be carried out by the requested national contact points.

Article 5 Alternative means to query using identifying data

1. Until the Portuguese Republic has a fully operational and automated fingerprint identification system that links to individual criminal records or is otherwise prepared to provide the United States of America with automated access to such a system, it shall provide an alternative means to conduct a query using other identifying data to determine a clear match linking the individual to additional data. 2. Query powers shall be exercised in the same manner as provided in Article 4 and a clear match will be treated the same as a firm match of fingerprinting data to allow for the supply of additional data as provided for in Article 6.
3. The querying powers provided for under this Agreement shall be used only as provided for under Article 2(2), including when applied at the border where an individual for whom the additional data is sought has been identified for further inspection.

Article 6 Supply of further personal and other data

Should the procedure referred to in Article 4 show a match between fingerprinting data, the supply of any available further personal data and other data relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Party.