Part II
Extradition
CHAPTER I
Extradition from Portugal
Section I
Requirements
Article 40
Consented extradition
1. Any person who is under arrest with a view to being extradited, after having been informed of his right to a judicial procedure as provided for in Articles 51 to 62, may state that he consents to his surrender to the requesting State or international judicial entity and thus relinquishes that right.
2. Such a statement shall be signed by the person sought and by his counsel or legal assistant.
3. The judge shall assess whether the requirements for granting extradition are met, shall hear the person sought in order to assess whether the statement was made of that person's free will and, if appropriate, shall ratify the statement and issue an order for the surrender of the person concerned, all being formally recorded in writing.
4. The statement, once ratified in accordance with the provisions of the preceding paragraph, shall be irrevocable.
5. The judicial decision of ratification of the statement shall, for all purposes, bear the legal value of a final decision in the extradition procedure.
6. Unless where a treaty, convention or agreement dispenses with a request for extradition, ratification shall not be considered before the Minister of Justice authorises the extradition procedure to continue.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 54
Hearing of the person claimed
1. In the presence of the public prosecutor and the legal counsel of the person claimed, and if necessary with the assistance of an interpreter, the judge rapporteur shall proceed to the identification of the person and shall inform him of his right to object to his extradition, of his right to consent to his extradition, of the possibility opened to him to relinquish the benefits of the rule of speciality in accordance with the applicable treaty law.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 54
Hearing of the person claimed
2. If the person claimed declares that he consents to being surrendered to the requesting State, the provisions of paragraphs 2 to 5 of Article 40 shall apply mutatis mutandis. If the person claimed declares that he objects to his extradition, the judge shall assess the reasons for the objection, should the person wish to state such reasons, and produce a written record of the hearing.
Part II
Extradition
CHAPTER IV
Special rules concerning simplified extradition
Article 74
Scope and purpose
The provisions of this Chapter aim at regulating extradition procedures in which the person claimed consents to his extradition, in conformity with the Convention on Simplified Extradition Procedure between the Member States of the European Union of 10 March 1995.
Article 75
Competent authority and time-limits
1. Any statement of consent to being extradited must be transmitted by the competent judge to the authority that requested the provisional arrest, not later than ten days after the arrest.
2. Where the person consents to being extradited, the judge must explain to him the meaning and consequences of him relinquishing the benefits of the rule of speciality, should that be admissible, and the effects of consent to re-extradition, as well as the time and terms in which such consent may be given; all shall be recorded in writing.
3. Not later than 20 days after the date of the consent mentioned in paragraph 1, the judge must decide whether or not to ratify any consent given pursuant to the provisions of paragraph 2
4. Before deciding, if necessary, the judge may request from the requesting authority any supplementary information and hear again the person arrested once he will have received that information.
5. The time-limits mentioned in paragraphs 1 and 3 above shall run as from the time of the statement of consent if the latter was given after expiration of the time-limit mentioned in paragraph 1 above.
6. Without prejudice to the provisions of the preceding paragraph, when a request for extradition is received, consent may be expressed only in accordance with the provisions of Article 54.
7. The provisions of Article 40 shall apply mutatis mutandis.
8. The provisions of this Article concerning time-limits and notifications shall apply to all cases in which Portugal is the requesting State.
CHAPTER V
Municipal application of the Convention applying the Schengen Agreement
Article 76
Purpose
The provisions of this Chapter aim at regulating the application of the provisions concerning extradition included in the Convention applying the Schengen Agreement, in the relations between Portugal and the other States that also apply that Convention.
Article 77
Extradition from Portugal
1. Any police authority that arrests a person on the basis of indications introduced in the Schengen Information System (SIS) shall bring the person before the public prosecutor attached to the ""Tribunal da Relação" that has jurisdiction under the terms of Article 53.
2. The person arrested shall be accompanied by any available elements referring to that person as mentioned in paragraph 2 of Article 95 of the Convention applying the Schengen Agreement in particular the identity of the authority that requested the arrest, the existence or not of a warrant of arrest or equivalent, or a sentence, the nature and legal qualification of the offence, the description of the circumstances in which the offence was committed and the legal consequences of the offence.
3. Any judicial decision that assesses the validity of the arrest and any decision that ratifies the person's consent to be extradited must be communicated immediately to the Attorney-General's Office and the National Bureau of SIRENE.
4. Where there is no statement to the effect that the person claimed consents to his extradition, that fact is equally communicated to the Attorney-General's Office for the purpose of promoting that the extradition request be formalised by the requesting authority.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section I
Requirements
Article 40
Consented extradition
1. Any person who is under arrest with a view to being extradited, after having been informed of his right to a judicial procedure as provided for in Articles 51 to 62, may state that he consents to his surrender to the requesting State or international judicial entity and thus relinquishes that right.
2. Such a statement shall be signed by the person sought and by his counsel or legal assistant.
3. The judge shall assess whether the requirements for granting extradition are met, shall hear the person sought in order to assess whether the statement was made of that person's free will and, if appropriate, shall ratify the statement and issue an order for the surrender of the person concerned, all being formally recorded in writing.
4. The statement, once ratified in accordance with the provisions of the preceding paragraph, shall be irrevocable.
5. The judicial decision of ratification of the statement shall, for all purposes, bear the legal value of a final decision in the extradition procedure.
6. Unless where a treaty, convention or agreement dispenses with a request for extradition, ratification shall not be considered before the Minister of Justice authorises the extradition procedure to continue.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 54
Hearing of the person claimed
1. In the presence of the public prosecutor and the legal counsel of the person claimed, and if necessary with the assistance of an interpreter, the judge rapporteur shall proceed to the identification of the person and shall inform him of his right to object to his extradition, of his right to consent to his extradition, of the possibility opened to him to relinquish the benefits of the rule of speciality in accordance with the applicable treaty law.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 54
Hearing of the person claimed
2. If the person claimed declares that he consents to being surrendered to the requesting State, the provisions of paragraphs 2 to 5 of Article 40 shall apply mutatis mutandis. If the person claimed declares that he objects to his extradition, the judge shall assess the reasons for the objection, should the person wish to state such reasons, and produce a written record of the hearing.
Part II
Extradition
CHAPTER IV
Special rules concerning simplified extradition
Article 74
Scope and purpose
The provisions of this Chapter aim at regulating extradition procedures in which the person claimed consents to his extradition, in conformity with the Convention on Simplified Extradition Procedure between the Member States of the European Union of 10 March 1995.
Article 75
Competent authority and time-limits
1. Any statement of consent to being extradited must be transmitted by the competent judge to the authority that requested the provisional arrest, not later than ten days after the arrest.
2. Where the person consents to being extradited, the judge must explain to him the meaning and consequences of him relinquishing the benefits of the rule of speciality, should that be admissible, and the effects of consent to re-extradition, as well as the time and terms in which such consent may be given ; all shall be recorded in writing.
3. Not later than 20 days after the date of the consent mentioned in paragraph 1, the judge must decide whether or not to ratify any consent given pursuant to the provisions of paragraph 2
4. Before deciding, if necessary, the judge may request from the requesting authority any supplementary information and hear again the person arrested once he will have received that information.
5. The time-limits mentioned in paragraphs 1 and 3 above shall run as from the time of the statement of consent if the latter was given after expiration of the time-limit mentioned in paragraph 1 above.
6. Without prejudice to the provisions of the preceding paragraph, when a request for extradition is received, consent may be expressed only in accordance with the provisions of Article 54.
7. The provisions of Article 40 shall apply mutatis mutandis.
CHAPTER V
Municipal application of the Convention applying the Schengen Agreement
Article 76
Purpose
The provisions of this Chapter aim at regulating the application of the provisions concerning extradition included in the Convention applying the Schengen Agreement, in the relations between Portugal and the other States that also apply that Convention.
Article 77
Extradition from Portugal
1. Any police authority that arrests a person on the basis of indications introduced in the Schengen Information System (SIS) shall bring the person before the public prosecutor attached to the ""Tribunal da Relação"l" that has jurisdiction under the terms of Article 53.
2. The person arrested shall be accompanied by any available elements referring to that person as mentioned in paragraph 2 of Article 95 of the Convention applying the Schengen Agreement in particular the identity of the authority that requested the arrest, the existence or not of a warrant of arrest or equivalent, or a sentence, the nature and legal qualification of the offence, the description of the circumstances in which the offence was committed and the legal consequences of the offence.
3. Any judicial decision that assesses the validity of the arrest and any decision that ratifies the person's consent to be extradited must be communicated immediately to the Attorney-General's Office and the National Bureau of SIRENE.
4. Where there is no statement to the effect that the person claimed consents to his extradition, that fact is equally communicated to the Attorney-General's Office for the purpose of promoting that the extradition request be formalised by the requesting authority.
Part IV
Enforcement of criminal judgements
CHAPTER IV
Transfer of sentenced persons
Section I
Common provisions
Article 114
Scope
This Chapter applies to the enforcement of criminal judgements where such enforcement carries with it the transfer of a person sentenced to a sanction or measure involving deprivation of liberty and where the transfer results from the person's request or depends on the person's consent.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(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;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.