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EXPULSION FROM THE COUNTRY | AUTOMATIC IMPOSITION OF ACCESSORY PENALTY | FOREIGN DEFENDANT | RIGHT TO SETTLE IN ANY PART OF THE NATIONAL TERRITORY

 

Constitutional Court, judgment no. 359/93, 25.05.1993

 

JURISDICTION: Constitutional

CASE: 584/92

SUBJECT: Constitutional appeal

RAPPORTEUR: Mário de Brito

RULING: The Constitutional Court holds unconstitutional the norm in Article 34(2) of Decree-Law no. 430/83, of 13 December 1983, interpreted with the meaning that the conviction of a foreigner for the crime defined in Article 24(1) necessarily leads to his or her expulsion from the country. It therefore grants the appeal and orders that the case be sent to the Supreme Court of Justice for amendment of the appealed judgment in accordance with the ruling on the question of unconstitutionality.

DOMESTIC LAW:

Portuguese Constitution [Articles 15, 44(1), 280]

Law no. 28/82, of 15 November 1982 [Articles 70(1)(b), 72, 75-A]

Civil Code (Articles 82 and ff.)

Code of Criminal Procedure [Articles 48, 53, 434(2)]

Traffic Code [Article 46(2)]

Decree-Law no. 430/83, of 13 December 1983 (Articles 23 to 26, 28 to 30, 34)

Constitutional Court, judgment no. 284/89, 09.03.1989

Constitutional Court, judgment no. 224/90, 26.06.1990

Constitutional Court, judgment no. 249/92, 01.07.1992

Constitutional Court, judgment no. 298/92, 29.09.1992

Constitutional Court, judgment no. 304/92, 29.09.1992

Constitutional Court, judgment no. 305/92, 29.09.1992

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Expulsion from the country; automatic imposition of accessory penalty; foreign defendant; right to settle in any part of the national territory; born in Cape Verde; loss of civil, political or professional rights; necessary consequence of the commission of a criminal offence; foreigners authorised to reside in Portugal; drug trafficking

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

MIRANDA, Jorge, and MEDEIROS, Rui, Constituição Portuguesa Anotada [Annotation to the Portuguese Constitution], vol. I, 2nd ed., Coimbra, Wolters Kluwer/Coimbra Editora, 2010.

 

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Posted inAUTOMATIC IMPOSITION OF ACCESSORY PENALTY FOREIGN DEFENDANT RIGHT TO SETTLE IN ANY PART OF THE NATIONAL TERRITORY EXPULSION FROM THE COUNTRY
TagsAutomatic Imposition of Accessory Penalty Foreign Defendant Necessary Consequence of the Commission of a Criminal Offence Right to Settle in Any Part of the National Territory Foreigners Authorised to Reside in Portugal Expulsion From the Country Born in Cape Verde Loss of Civil Political and Professional Rights Drug Trafficking