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
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 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
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.
3. La persona sometida a detención provisional podrá ser puesta en libertad si el Estado requerido no hubiere recibido la solicitud de entrega y los documentos que la justifiquen, de conformidad con el artículo 91, dentro del plazo fijado en las Reglas de Procedimiento y Prueba. Sin embargo, el detenido podrá consentir en la entrega antes de que se cumpla dicho plazo siempre que lo permita el derecho interno del Estado requerido. En ese caso, el Estado requerido procederá a entregar al detenido a la Corte tan pronto como sea posible.