Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 44
Requests
1. The request for extradition must include, other than the elements mentioned in Article 23:
a) evidence to the effect that, under the concrete circumstances of the case, the person claimed is subject to the criminal jurisdiction of the requesting State;
b) where applicable, evidence that any third State on whose territory the offence was committed does not claim the person for the same offence;
c) a formal undertaking to the effect that the person claimed shall neither (i) be extradited to a third State, nor (ii) be arrested with a view to being proceeded against to serve a sentence or for other purposes, for any offence committed prior to, or concomitantly with, the offence for which extradition is requested.
2. The following must be appended to the request for extradition:
a) the warrant of arrest of the person claimed, issued by the competent authority;
b) a certificate or an authenticated copy of the decision ordering the issue of the warrant of arrest, in the case of extradition with a view to criminal proceedings;
c) a certificate or an authenticated copy of the conviction and sentence, in the case of extradition for the purpose of serving a sentence, as well as a statement specifying the duration of the sentence left to be carried out, if that duration does not correspond to the duration stated in the sentence;
d) a copy of the relevant enactments relating to the conditions under which the person becomes immune by reason of lapse of time from prosecution or punishment, as applicable;
e) if applicable, a statement by the competent authority concerning any facts that, according to the law of the requesting State, have suspended or interrupted the counting of time;
f) a copy of the relevant enactments relating to the possibility of an appeal, or to the possibility of a new trial in case of a sentence rendered in absentia.
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.
2. If the information requested in accordance with the provisions of the preceding paragraph is not made available, the extradition procedure may be discontinued at the end of the deadline, without prejudice to the possibility of the procedure being re-opened when such information is made available.
3. If the request concerns a person who is already arrested pending an extradition procedure, the discontinuation mentioned in the preceding paragraph entails the immediate release of that person; the provisions of paragraph 7 of Article 38 shall apply mutatis mutandis.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 44
Requests
1. The request for extradition must include, other than the elements mentioned in Article 23 :
a) evidence to the effect that, under the concrete circumstances of the case, the person claimed is subject to the criminal jurisdiction of the requesting State ;
b) where applicable, evidence that any third State on whose territory the offence was committed does not claim the person for the same offence ;
c) a formal undertaking to the effect that the person claimed shall neither (i) be extradited to a third State, nor (ii) be arrested with a view to being proceeded against to serve a sentence or for other purposes, for any offence committed prior to, or concomitantly with, the offence for which extradition is requested.
2. The following must be appended to the request for extradition :
a) the warrant of arrest of the person claimed, issued by the competent authority ;
b) a certificate or an authenticated copy of the decision ordering the issue of the warrant of arrest, in the case of extradition with a view to criminal proceedings ; a certificate or an authenticated copy of the conviction and sentence, in the case of extradition for the purpose of serving a sentence, as well as a statement specifying the duration of the sentence left to be carried out, if that duration does not correspond to the duration stated in the sentence ; a copy of the relevant enactments relating to the conditions under which the person becomes immune by reason of lapse of time from prosecution or punishment, as applicable ; if applicable, a statement by the competent authority concerning any facts that, according to the law of the requesting State, have suspended or interrupted the counting of time ; a copy of the relevant enactments relating to the possibility of an appeal, or to the possibility of a new trial in case of a sentence rendered in absentia.
Article 45
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.
2. If the information requested in accordance with the provisions of the preceding paragraph is not made available, the extradition procedure may be discontinued at the end of the deadline, without prejudice to the possibility of the procedure being re-opened when such information is made available.
3. If the request concerns a person who is already arrested pending an extradition procedure, the discontinuation mentioned in the preceding paragraph entails the immediate release of that person; the provisions of paragraph 7 of Article 38 shall apply mutatis mutandis.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.