Article 38
(Extradition)
1. Under no circumstance shall extradition be granted when requested:
a) for political, ethnic or religious reasons or by offense of opinion;
b) for crime punishable by death in the petitioning State;
c) provided that there is substantial reason to believe that the person to be extradited could be subjected to torture, inhumane, degrading or cruel treatment;
2. Extradition of Cabo Verdean citizens shall also not be allowed for crimes that are, according to the law of the petitioning State, punishable by penalty or security measure deprived or restrictive of liberty of a perpetual nature or of an indefinite duration, except when the same State also offers guarantees that such penalty or security measure will not be executed.
3. Extradition of Cabo Verdean citizens shall also not be allowed from the national territory, except where the following circumstances are identified cumulatively:
a) The petitioning State grants extradition of its nationals to the State of Cabo Verde and provides guarantees of a just and equitable trial.
b) In cases of terrorism and of organized international crime;
c) The person to be extradited has acquired or re-acquired Cabo Verdean nationality subsequent to commission of the fact typified as a crime under criminal law, that has given cause to the petition for extradition.
4. In the event that extradition is denied, the person to be extradited shall appear before the Cabo Verdean courts for the crimes committed abroad, and the acts carried out in the proceeding held may be validated, as though they were carried out by or before Cabo Verdean authorities, provided that defense guarantees similar to those provided for in the Cabo Verdean legal order have been established.
5. The provisions in this article shall not impede the exercise of the jurisdiction of the International Criminal Court, on conditions of complementarity and other terms established under the Statute of Rome.
6. Extradition may only be ordered by judicial decision, under the terms of the law.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW

Article 4
(Deeds committed outside Cape Verdean territory)

1.Except as otherwise provided by international agreement, Cape Verdean penal law shall apply to deeds committed outside Cape Verdean territory in the following cases:

(d) if the deeds are committed by Cape Verdeans, or by foreign nationals against Cape Verdeans, provided that the perpetrator is found in Cape Verde, that the deeds are also punishable under the legislation of the place where they were committed, and that they constitute a crime for which the law permits extradition but for which extradition cannot be granted;