Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 41
Coercive non custodial measures

Whilst the procedure is pending and until a final decision becomes unappealable, the provisions of paragraph 6 of Article 38 shall apply mutatis mutandis.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 51
Introductory decision and arrest of the person claimed

4. Should additional information be required, the competent authorities shall be instructed to keep the person claimed under surveillance, unless it is deemed necessary immediately to place that person under arrest on grounds that there are serious reasons for believing that the request will proceed.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 52
Duration of the arrest

1. The arrest of the person claimed shall be terminated and replaced by another coercive measure if the final decision of the ""Tribunal da Relação" does not occur within 65 days of the date of the arrest.

2. Should no non-custodial coercive measure be adequate, the period mentioned in the preceding paragraph shall be prolonged for no longer than 25 days; a final decision must be taken within that period of time.

3. Without prejudice to the provisions of Article 40, the arrest shall continue where an appeal is made against the decision of the ""Tribunal da Relação" ordering extradition; however, the period of arrest pending a decision on the appeal may not go beyond a period of 80 days from the date of the appeal.

4. Where a request for review is submitted to the Constitutional Court, the period of arrest pending a decision on the review may not go beyond a period of three months from the date of the request.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 41
Coercive non custodial measures

Whilst the procedure is pending and until a final decision becomes unappealable, the provisions of paragraph 6 of Article 38 shall apply mutatis mutandis.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 51
Introductory decision and arrest of the person claimed

4. Should additional information be required, the competent authorities shall be instructed to keep the person claimed under surveillance, unless it is deemed necessary immediately to place that person under arrest on grounds that there are serious reasons for believing that the request will proceed.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 52
Duration of the arrest

1. The arrest of the person claimed shall be terminated and replaced by another coercive measure if the final decision of the ""Tribunal da Relação"l" does not occur within 65 days of the date of the arrest.

2. Should no non-custodial coercive measure be adequate, the period mentioned in the preceding paragraph shall be prolonged for no longer than 25 days ; a final decision must be taken within that period of time.

3. Without prejudice to the provisions of Article 40, the arrest shall continue where an appeal is made against the decision of the ""Tribunal da Relação"l" ordering extradition ; however, the period of arrest pending a decision on the appeal may not go beyond a period of 80 days from the date of the appeal.

4. Where a request for review is submitted to the Constitutional Court, the period of arrest pending a decision on the review may not go beyond a period of three months from the date of the request.