Contents of request - national law requirements - consultations with the Court

Portugal

Law No. 144/99, of 31 August, on International Judicial Cooperation in Criminal Matters

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 45
Supplementary information

1. If the request for extradition is either not complete, or not accompanied by all the information that is necessary in order to take a decision, the provisions of paragraph 3 of Article 23 shall apply; a deadline for the reception of the missing elements shall be fixed, but may be prolonged if the requesting State gives good reasons.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.