Constitutional Court, judgment no. 430/95, 06.07.1995

EXTRADITION | DEATH PENALTY | TERRITORY OF MACAU | PEOPLE’S REPUBLIC OF CHINA

 

Constitutional Court, judgment no. 430/95, 06.07.1995

 

JURISDICTION: Constitutional

CASE: 448/94

SUBJECT: Constitutional appeal

RAPPORTEUR: Ribeiro Mendes

RULING: Grants the appeal, holding unconstitutional the norm in Article 4(1)(a) of Decree-law no. 437/75, of 16 August 1975, as it allows the extradition for crimes punishable in the requesting state with the death penalty if there is a guarantee that the death penalty will be replaced by another penalty. Repeals the appealed judgment and orders its amendment in accordance with the ruling on unconstitutionality.

DOMESTIC LAW:

Portuguese Constitution [Article 33(3)]

Constitutional Court Act [Articles 70(1)(b), 75-A(1), 76(4), 79-A(2)]

Macau Organic Statute (Article 2)

Law no. 112/91, of 29 August 1991 [Article 14(1)(g)]

Decree-Law no. 437/75, of 16 August 1975 [Article 4(1)(a), 21(c)]

Constitutional Court, judgment no. 235/90, 03.07.1990

Constitutional Court, judgment no. 481/94, 12.07.1994

Constitutional Court, judgment no. 637/94, 12.12.1994

Constitutional Court, judgment no. 417/95, 04.07.1995

INTERNATIONAL LAW: n.a.

FOREIGN LAW:

Chinese Criminal Code (Article 152)

KEYWORDS: Extradition; death penalty; territory of Macau; People’s Republic of China; official Chinese language; Chinese citizen; Hong Kong; large scale car theft; life imprisonment; Macau’s legal regime on extradition; serious crimes of economic sabotage; knowledge of the law of the requesting state; promise not to apply the death penalty; primacy of international law; guarantee of replacement of the death penalty; principle of inviolability of human life

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.  

 

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