Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters


Article 11
Protection of confidentiality

1. In implementing a request for international co-operation submitted to Portugal, the provisions of the Code of Criminal Procedure and supplementary legislation concerning grounds of refusal to testify, seizure of property, telephone tapping, professional or State secrets, or any other cases in which confidentiality is protected, shall apply.

2. The provisions of the preceding paragraph shall apply to any information that according to the request, ought to be given by persons not involved in the foreign criminal proceedings.

Part I
General

CHAPTER II
General rules of procedure


Article 28
Handing over of property or money

1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.

2. Handing over may be delayed; property and money may be handed over on condition that they are returned.

3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.

4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.

5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 55
Objections of the person claimed

5. The ways and means of producing evidence that were indicated by the parties may, not later than the day before their being produced, be replaced by other ways and means, if such replacement does not entail any adjournment.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 55
Objections of the person claimed

4. If property is seized, both the person claimed and the public prosecutor may put forward their views on the matter.

5. The ways and means of producing evidence that were indicated by the parties may, not later than the day before their being produced, be replaced by other ways and means, if such replacement does not entail any adjournment.


Article 56
Producing of evidence

1. Any steps requested or taken at the initiative of the judge, in particular steps taken in order to decide on the property seized, must be done within 15 days, in the presence of the person concerned, his counsel, an interpreter if necessary and the public prosecutor.

2. After the production of evidence, the public prosecutor and the counsel may each hold the file for a period of no longer than five days. They may produce submissions.

Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters

Article 11
Protection of confidentiality

1. In implementing a request for international co-operation submitted to Portugal, the provisions of the Code of Criminal Procedure and supplementary legislation concerning grounds of refusal to testify, seizure of property, telephone tapping, professional or State secrets, or any other cases in which confidentiality is protected, shall apply.

2. The provisions of the preceding paragraph shall apply to any information that according to the request, ought to be given by persons not involved in the foreign criminal proceedings.

Part I
General

CHAPTER II
General rules of procedure

Article 28
Handing over of property or money

1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.

2. Handing over may be delayed; property and money may be handed over on condition that they are returned.

3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.

4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.

5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 55
Objections of the person claimed

5. The ways and means of producing evidence that were indicated by the parties may, not later than the day before their being produced, be replaced by other ways and means, if such replacement does not entail any adjournment.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 55
Objections of the person claimed

4. If property is seized, both the person claimed and the public prosecutor may put forward their views on the matter.

5. The ways and means of producing evidence that were indicated by the parties may, not later than the day before their being produced, be replaced by other ways and means, if such replacement does not entail any adjournment.

Article 56
Producing of evidence

1. Any steps requested or taken at the initiative of the judge, in particular steps taken in order to decide on the property seized, must be done within 15 days, in the presence of the person concerned, his counsel, an interpreter if necessary and the public prosecutor.

2. After the production of evidence, the public prosecutor and the counsel may each hold the file for a period of no longer than five days. They may produce submissions.