Part II
Extradition
CHAPTER I
Extradition from Portugal
Section I
Requirements
Article 38
Provisional arrest
1. In case of urgency the provisional arrest of the person sought may be requested as a preliminary to a formal extradition request.
2. Any decision on such a provisional arrest, or on the continuation of such an arrest, shall be taken in accordance with the Portuguese law.
3. Requests for provisional arrest shall: indicate the existence of either a detention order or a sentence against the person claimed; describe briefly the facts that amount to an offence; state when and where such offence was committed, the legal provisions that are applicable, as well as the available data concerning the identity, the nationality and the whereabouts of that person.
4. The provisions of Article 29 shall apply to the transmission of the request.
5. Provisional arrest shall be terminated if the request for extradition is not received within 18 days of the arrest; it may however be prolonged for up to 40 days of the arrest if the reasons given by the requesting State so justify.
6. Provisional arrest may be replaced by any other coercive measure in accordance with the provisions of the Code of Criminal Procedure.
7. The provisions of paragraph 5 above shall not prejudice re-arrest and extradition if a request is received subsequently.
8. The request for provisional arrest shall be examined only where no doubts
arise as to the powers of the requesting authority and if the request contains such elements as are indicated in paragraph 3 above.
Article 39
Non requested provisional arrest
The criminal police authorities may arrest any person who, according to official sources, in particular INTERPOL, is wanted by competent foreign authorities for purposes of criminal proceedings or the purpose of serving a sentence, for any notoriously extraditable offence.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section III
Special procedural rules for cases of provisional arrest
Article 62
Powers
1. The judge mentioned in Article 51 above shall be empowered to order the provisional arrest; he shall not produce such an order unless he is satisfied with the authenticity, the regularity and the admissibility of the request; the warrant of arrest shall be handed over to the public prosecutor.
2. The authority who arrests the person shall bring him before the public prosecutor attached to the ""Tribunal da Relação" that has jurisdiction over the request, for the purposes of the person being heard and of a decision being taken to the effect of ratifying or not the arrest and allowing or not its continuation; such a decision must be taken within a period of no more than 48 hours after the arrest.
3. The Attorney-General's Office shall be immediately informed of any provisional arrest; where provisional arrest should terminate according to the provisions of paragraph 5 of Article 38, an order for the release of the person shall be given.
4. The provisions of paragraphs 5 and 6 of Article 53 shall apply mutatis mutandis.
Article 63
Time-limits
1. Once the extradition request of a person provisionally arrested is received, the procedure provided for in Article 48 shall be completed within 15 days.
2. If the Minister of Justice deems the request to be admissible, it shall immediately be forwarded, via the Attorney-General, to the public prosecutor.
3. The arrest of the person shall terminate and be replaced by another coercive measure if the request is not submitted to court within 60 days of the date of the arrest.
4. The file shall immediately be referred to one of the chambers in the ""Tribunal da Relação"; the time-limits mentioned in paragraphs 1 and 2 of Article 51 shall be reduced to three days; the time-limit mentioned in paragraph 1 of Article 52 shall run as from the date of receipt of the request by the court.
5. Any decision by the Minister of Justice to the effect of refusing the request shall immediately be transmitted in accordance with the provisions of paragraph 2 above, for the purpose of releasing the arrested person.
Article 64
Non requested provisional arrest
1. Any authority who proceeds to an arrest according to the provisions of Article 39, shall bring the person before the public prosecutor of the ""Tribunal da Relação" situated in the district where the person was arrested; the public prosecutor shall take steps for the hearing of the person, in accordance with paragraph 2 of Article 62.
2. If the arrest is upheld, it shall immediately be brought to the attention of both the Attorney-General's Office and, through the quickest channels, the foreign authority concerned; the latter shall be requested to inform urgently whether it will submit an extradition request; it shall also be requested to conform with the time-limits provided in paragraph 5 of Article 38.
3. The arrest shall be terminated after 18 days unless a reply is received to the question mentioned in the preceding paragraph, and it shall be terminated after 40 days if a positive reply is received but not followed by an extradition request.
4. The provisions of paragraphs 5 and 6 of Article 53 and those of Article 63 shall apply mutatis mutandis.
Article 65
Non-custodial coercive measures
The ""Tribunal da Relação" shall be competent to decide upon any non-custodial coercive measures where such measures may apply under the provisions of Articles 38 and 64.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section I
Requirements
Article 38
Provisional arrest
1. In case of urgency the provisional arrest of the person sought may be requested as a preliminary to a formal extradition request.
2. Any decision on such a provisional arrest, or on the continuation of such an arrest, shall be taken in accordance with the Portuguese law.
3. Requests for provisional arrest shall : indicate the existence of either a detention order or a sentence against the person claimed ; describe briefly the facts that amount to an offence ; state when and where such offence was committed, the legal provisions that are applicable, as well as the available data concerning the identity, the nationality and the whereabouts of that person.
4. The provisions of Article 29 shall apply to the transmission of the request.
5. Provisional arrest shall be terminated if the request for extradition is not received within 18 days of the arrest; it may however be prolonged for up to 40 days of the arrest if the reasons given by the requesting State so justify.
6. Provisional arrest may be replaced by any other coercive measure in accordance with the provisions of the Code of Criminal Procedure.
7. The provisions of paragraph 5 above shall not prejudice re-arrest and extradition if a request is received subsequently.
8. The request for provisional arrest shall be examined only where no doubts
arise as to the powers of the requesting authority and if the request contains such elements as are indicated in paragraph 3 above.
Article 39
Non requested provisional arrest
The criminal police authorities may arrest any person who, according to official sources, in particular INTERPOL, is wanted by competent foreign authorities for purposes of criminal proceedings or the purpose of serving a sentence, for any notoriously extraditable offence.
Part II
Extradition
CHAPTER I
Extradition from Portugal
Section III
Special procedural rules for cases of provisional arrest
Article 62
Powers
1. The judge mentioned in Article 51 above shall be empowered to order the provisional arrest; he shall not produce such an order unless he is satisfied with the authenticity, the regularity and the admissibility of the request ; the warrant of arrest shall be handed over to the public prosecutor.
2. The authority who arrests the person shall bring him before the public prosecutor attached to the ""Tribunal da Relação"l" that has jurisdiction over the request, for the purposes of the person being heard and of a decision being taken to the effect of ratifying or not the arrest and allowing or not its continuation ; such a decision must be taken within a period of no more than 48 hours after the arrest.
3. The Attorney-General's Office shall be immediately informed of any provisional arrest ; where provisional arrest should terminate according to the provisions of paragraph 5 of Article 38, an order for the release of the person shall be given.
4. The provisions of paragraphs 5 and 6 of Article 53 shall apply mutatis mutandis.
Article 63
Time-limits
1. Once the extradition request of a person provisionally arrested is received, the procedure provided for in Article 48 shall be completed within 15 days.
2. If the Minister of Justice deems the request to be admissible, it shall immediately be forwarded, via the Attorney-General, to the public prosecutor.
3. The arrest of the person shall terminate and be replaced by another coercive measure if the request is not submitted to court within 60 days of the date of the arrest.
4. The file shall immediately be referred to one of the chambers in the ""Tribunal da Relação"l"; the time-limits mentioned in paragraphs 1 and 2 of Article 51 shall be reduced to three days ; the time-limit mentioned in paragraph 1 of Article 52 shall run as from the date of receipt of the request by the court.
5. Any decision by the Minister of Justice to the effect of refusing the request shall immediately be transmitted in accordance with the provisions of paragraph 2 above, for the purpose of releasing the arrested person.
Article 64
Non requested provisional arrest
1. Any authority who proceeds to an arrest according to the provisions of Article 39, shall bring the person before the public prosecutor of the ""Tribunal da Relação"l" situated in the district where the person was arrested ; the public prosecutor shall take steps for the hearing of the person, in accordance with paragraph 2 of Article 62.
2. If the arrest is upheld, it shall immediately be brought to the attention of both the Attorney-General's Office and, through the quickest channels, the foreign authority concerned ; the latter shall be requested to inform urgently whether it will submit an extradition request; it shall also be requested to conform with the time-limits provided in paragraph 5 of Article 38.
3. The arrest shall be terminated after 18 days unless a reply is received to the question mentioned in the preceding paragraph, and it shall be terminated after 40 days if a positive reply is received but not followed by an extradition request.4. The provisions of paragraphs 5 and 6 of Article 53 and those of Article 63 shall apply mutatis mutandis.
Article 65
Non-custodial coercive measures
The ""Tribunal da Relação"l" shall be competent to decide upon any non-custodial coercive measures where such measures may apply under the provisions of Articles 38 and 64.
Part IV
Enforcement of criminal judgements
CHAPTER III
Proceeds of fines, confiscated property and provisional measures
Article 111
Coercive measures
2. Where provisional arrest is the coercive measure imposed, the measure shall be ended after expiration of the time-limits provided for in paragraphs 4 and 5 of Article 100, if by that time the decision of confirmation is still not forthcoming.
3. Provisional arrest may in such a case be replaced by another coercive measure, in conformity with the law of criminal procedure.
1. En caso de urgencia, la Corte podrá solicitar la detención provisional de la persona buscada hasta que se presente la solicitud de entrega y los documentos que la justifiquen de conformidad con el artículo 91.
2. La solicitud de detención provisional deberá hacerse por cualquier medio que permita dejar constancia escrita y contendrá:
(a) Información suficiente para identificar a la persona buscada y datos sobre su probable paradero;
(b) Una exposición concisa de los crímenes por los que se pida la detención y de los hechos que presuntamente serían constitutivos de esos crímenes, inclusive, de ser posible, la indicación de la fecha y el lugar en que se cometieron;
(c) Una declaración de que existe una orden de detención o una decisión final condenatoria respecto de la persona buscada; y
(d) Una declaración de que se presentará una solicitud de entrega de la persona buscada.
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.
4. El hecho de que la persona buscada haya sido puesta en libertad de conformidad con el párrafo 3 no obstará para que sea nuevamente detenida y entregada una vez que el Estado requerido reciba la solicitud de entrega y los documentos que la justifiquen.