Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance

Article 158
Transit

1. The provisions of Article 43 shall apply mutatis mutandis to the transit of any person who is under custody in a foreign State and who must appear in the territory of a third State in order to take part at criminal proceedings.

2. Custody of a person in transit shall not remain if the State that authorised the transfer requests the person to be set free.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 43
Transit

1. Except for reasons of ordre public, transit of a person who is extradited from one to another foreign State, may be granted through the national territory or air space, if the offence at stake is an extraditable offence according to Portuguese law.

2. Where the person concerned is a Portuguese national, transit shall be granted only where such conditions as would be required for the extradition of that person are met.

3. Authorization for transit is granted on submission of a request by the interested State.

4. Should the transit take place by air transport with no landing on the national territory scheduled, communication from the State interested in the extradition shall suffice.

5. Should an unforeseen landing occur, the provisions of paragraph 3 above shall apply.

6. Whilst in transit, the person concerned shall be kept under arrest.

7. The request shall be addressed to the Minister of Justice through the channels provided for in this law; it shall identify the person in transit; the provisions of paragraph 3 of Article 38 shall apply mutatis mutandis.

8. A decision on the request must be taken within the shortest possible delay; that decision shall be immediately transmitted to the requesting State through the same channels used for the request.

9. The decision authorizing the transit shall specify the conditions under which the transit will take place, as well as the authority that will supervise the transit.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 43
Transit

1. Except for reasons of ordre public, transit of a person who is extradited from one to another foreign State, may be granted through the national territory or air space, if the offence at stake is an extraditable offence according to Portuguese law.

2. Where the person concerned is a Portuguese national, transit shall be granted only where such conditions as would be required for the extradition of that person are met.

3. Authorisation for transit is granted on submission of a request by the interested State.

4. Should the transit take place by air transport with no landing on the national territory scheduled, communication from the State interested in the extradition shall suffice.

5. Should an unforeseen landing occur, the provisions of paragraph 3 above shall apply.

6. Whilst in transit, the person concerned shall be kept under arrest.

7. The request shall be addressed to the Minister of Justice through the channels provided for in this law ; it shall identify the person in transit ; the provisions of paragraph 3 of Article 38 shall apply mutatis mutandis.

8. A decision on the request must be taken within the shortest possible delay ; that decision shall be immediately transmitted to the requesting State through the same channels used for the request.

9. The decision authorising the transit shall specify the conditions under which the transit will take place, as well as the authority that will supervise the transit.

Part IV
Enforcement of criminal judgements

CHAPTER IV
Transfer of sentenced persons

Section IV
Information concerning the enforcement and transit

Article 125
Transit

Authorisation for the transit through the Portuguese territory of a person being transferred from one State to another may be granted, at the request of any such State ; the provisions of Article 43 shall apply mutatis mutandis.