Contents of request for transit

Portugal

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

Part I
General

CHAPTER II
General rules of procedure


Article 23
Requests

1. Requests for international co-operation shall indicate:
a) The requesting as well as the requested authorities, even if the indication of the latter may be in general terms;
b) the purpose of and the reasons for the request;
c) the legal qualification of the facts on the grounds of which the request is made;
d) the identification of the suspect, the accused or the sentenced person, of the person whose extradition or transfer is requested, as well as the identification of the witness or the expert whose evidence is sought;
e) a description of the facts, including time and place, proportional to the importance of the co-operation requested;
f) the text of the legal provisions applicable in the requesting State;
g) any relevant documents.

2. The authentication of the documents shall not be required.


3. The competent authority may require that a formally irregular or an incomplete request be modified or completed, without that precluding the possibility of taking provisional measures whenever such measures should not await the revised request.

4. The requirement mentioned in sub-paragraph f) of paragraph 1 above may be dispensed with where the form of co-operation requested is that which is mentioned in Article 1.1.f).

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 43
Transit

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.

Part I
General

CHAPTER II
General rules of procedure

Article 23
Requests

1. Requests for international co-operation shall indicate :

a) The requesting as well as the requested authorities, even if the indication of the latter may be in general terms ;
b) the purpose of and the reasons for the request
c) the legal qualification of the facts on the grounds of which the request is made ;
d) the identification of the suspect, the accused or the sentenced person, of the person whose extradition or transfer is requested, as well as the identification of the witness or the expert whose evidence is sought ;
e) a description of the facts, including time and place, proportional to the importance of the co-operation requested ;
f) the text of the legal provisions applicable in the requesting State ;
g) any relevant documents.

2. The authentication of the documents shall not be required.

3. The competent authority may require that a formally irregular or an incomplete request be modified or completed, without that precluding the possibility of taking provisional measures whenever such measures should not await the revised request.

4. The requirement mentioned in sub-paragraph f) of paragraph 1 above may be dispensed with where the form of co-operation requested is that which is mentioned in Article 1.1.f).

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 43
Transit

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.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;