Postponement - ongoing investigation or prosecution

Portuguese Republic

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

Part II

Extradition from Portugal

Section I

Article 35
Postponed surrender

1. Neither the fact that criminal proceedings are pending in a Portuguese court against the person claimed, nor the fact that that person is serving a sentence involving deprivation of liberty for an offence other than the offence on the grounds of which extradition is requested, shall prevent extradition from being granted.

2. In such cases, the surrender of the person claimed may be postponed until the proceedings terminate or the sentence is served.

3. The surrender of the person may also be postponed if it is established through medical expertise that that person suffers from an illness that puts his life in danger.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).