Competent national judicial authority

Portuguese Republic

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

Part I
General

CHAPTER II
General rules of procedure


Article 29
Urgent provisional measures

3. Where the Portuguese judicial authorities deem the request to be admissible, they shall execute it; however, where prescribed by this law, they must seek to obtain from the Minister of Justice, through the Central Authority, previous clearance- should that be possible - or ratification otherwise.

4. Where under this Article co-operation involves Portuguese and foreign authorities of a different nature, the request shall be channelled through the Central Authority.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 49
Judicial procedure: jurisdiction and appeals

1. The "Tribunal da Relação" on whose area of jurisdiction the person claimed resides or is found at the time of the request shall have jurisdiction to deal with the judicial procedure of extradition.

2. The criminal section of the ""Tribunal da Relação" shall be empowered to take the final decision.

3. Only the final decision shall be open to an appeal; the criminal section of the "Supremo Tribunal de Justiça" (Supreme Court of Justice) shall be empowered to take a decision on the appeal.

4. Any appeal against a decision to grant extradition shall stay the execution of that decision.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER I
General


Article 131
Request

1. Any request made to Portugal shall be submitted by the Central Authority to the Minister of Justice.

2. The Minister of Justice may request an opinion from any agency that is empowered to follow the measures imposed in the sentence.

3. If the Minister of Justice accepts the request, the Attorney-General's Office shall forward it to the public prosecutor attached to the ""Tribunal da Relação" that has jurisdiction in the area of the residence of the person concerned for obtaining a judicial decision on the admissibility of the request.

Part I
General

CHAPTER II
General rules of procedure

Article 29
Urgent provisional measures

3. Where the Portuguese judicial authorities deem the request to be admissible, they shall execute it ; however, where prescribed by this law, they must seek to obtain from the Minister of Justice, through the Central Authority, previous clearance- should that be possible - or ratification otherwise.

4. Where under this Article co-operation involves Portuguese and foreign authorities of a different nature, the request shall be channelled through the Central Authority.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 49
Judicial procedure: jurisdiction and appeals

1. The ""Tribunal da Relação"l" on whose area of jurisdiction the person claimed resides or is found at the time of the request shall have jurisdiction to deal with the judicial procedure of extradition.

2. The criminal section of the ""Tribunal da Relação"l" shall be empowered to take the final decision.

3. Only the final decision shall be open to an appeal; the criminal section of the "Supremo Tribunal de Justiça" (Supreme Court of Justice) shall be empowered to take a decision on the appeal.

4. Any appeal against a decision to grant extradition shall stay the execution of that decision.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER I
General

Article 131
Request

1. Any request made to Portugal shall be submitted by the Central Authority to the Minister of Justice.

2. The Minister of Justice may request an opinion from any agency that is empowered to follow the measures imposed in the sentence.

3. If the Minister of Justice accepts the request, the Attorney-General's Office shall forward it to the public prosecutor attached to the ""Tribunal da Relação"l" that has jurisdiction in the area of the residence of the person concerned for obtaining a judicial decision on the admissibility of the request.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.