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EXPULSION FROM THE COUNTRY | AUTOMATIC IMPOSITION OF ACCESSORY PENALTY | FOREIGN DEFENDANT | NON-RESIDENT FOREIGNER

 

Constitutional Court, judgment no. 442/93, 14.07.1993

 

JURISDICTION: Constitutional

CASE: 108/93

SUBJECT: Constitutional appeal

RAPPORTEUR: Messias Bento

RULING: Rejects the appeal on the grounds that the application of Article 34(2) of Decree-Law no. 430/83, of 13 December 1983, by the appealed judgment did not have as necessary consequence the loss of any civil, professional or political rights.

DOMESTIC LAW:

Portuguese Constitution [Articles 15, 27(3)(b), 30(4), 33, 44, 275(2)]

Law no. 28/82, of 15 November 1982 [Article 70(1)(b)]

Criminal Code (Article 72)

Civil Code [Article 14(1)]

Law no. 333/82, of 19 August 1982

Law no. 333/82, of 19 August 1982 Decree-Law no. 582/76, of 22 July 1976

Decree-Law no. 264-B/81, of 3 September 1981

Decree-Law no. 1/83, of 13 January 1983

Decree-Law no. 430/83, of 13 December 1983 (artigos 23.º a 30.º, 34.º)

Decree-Law no. 312/86, of 24 September 1986

Decree-Law no. 59/93, of 3 March 1993 [Articles 2, 5(1), 6(1), 7(1), 8(1), 10(1), 14 to 24, 30, 32, 54 to 57, 61, 62, 67(1), 68(1), 76, 84(1), 87(1), 90]

Constitutional Court, judgment no. 165/86, 20.04.1986

Constitutional Court, judgment no. 282/86, 21.10.1986

Constitutional Court, judgment no. 255/87, 26.06.1987

Constitutional Court, judgment no. 284/89, 09.03.1989

Constitutional Court, judgment no. 224/90, 26.06.1990

Constitutional Court, judgment no. 371/91, 10.10.1991

Constitutional Court, judgment no. 372/91, 17.10.1991

Constitutional Court, judgment no. 373/91, 17.10.1991

Constitutional Court, judgment no. 238/92, 30.06.1992

Constitutional Court, judgment no. 249/92, 01.07.1992

INTERNATIONAL LAW:

Protocol no. 4 to the European Convention on Human Rights, 1963 (Article 2)

FOREIGN LAW: n.a.

KEYWORDS: Expulsion from the country; automatic imposition of accessory penalty; foreign defendant; non-resident foreigner; born in Turkey; resident in the Netherlands; trafficking in heroin from the Netherlands to Portugal; loss of civil, professional or political rights; national citizens; injurious effects of the criminal conviction; necessity and proportionality of the penalties; judge’s margin of discretion; status of foreigners in Portugal; citizens of EU Member States residing in Portugal; citizens of Portuguese speaking countries; parity of civil rights; rights and obligations reserved for Portuguese citizens; right to enter national territory; right to remain in Portugal; right to settle residence in Portugal; freedom of movement within national territory; right to asylum; right not to be arbitrarily expelled; rules on entry, stay, exit and expulsion of foreigner from national territory; nationality

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

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

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Posted inAUTOMATIC IMPOSITION OF ACCESSORY PENALTY FOREIGN DEFENDANT NON-RESIDENT FOREIGNER EXPULSION FROM THE COUNTRY
TagsAutomatic Imposition of Accessory Penalty Foreign Defendant Citizens of Portuguese Speaking Countries Citizens of EU Member States Residing in Portugal National Citizens Right To Asylum Freedom of Movement Within National Territory Right to Enter National Territory Right to Settle Residence in Portugal Right Not to be Arbitrarily Expelled Right to Remain in Portugal Rights and Obligations Reserved For Portuguese Citizens Injurious Effects of the Criminal Conviction Status of Foreigners in Portugal Non-Resident Foreigner Expulsion From the Country Judge's Margin of Discretion Nationality Born in Turkey Necessity and Proportionality of the Penalties Parity of Civil Rights Loss of Civil Professional or Political Rights Rules on Entry Stay Exit and Expulsion of Foreigner From National Territory Resident in The Netherlands Trafficking in Heroin From the Netherlands to Portugal