Competing request - same conduct

Portuguese Republic

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

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 37
Conflicting requests

1. Where there are two or more requests for the extradition of the same person, decisions on which should have preference shall submit to criteria as follows:

where the requests concern the same facts, the place where the offence was committed or the place where the main fact was carried out;

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 37
Conflicting requests

1. Where there are two or more requests for the extradition of the same person, decisions on which should have preference shall submit to criteria as follows :

where the requests concern the same facts, the place where the offence was committed or the place where the main fact was carried out ;

Rome Statute

Article 90 Competing requests

3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.