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. Une personne provisoirement arrêtée peut être remise en liberté si l'État requis n'a pas reçu la demande de remise et les pièces justificatives visées à l'article 91 dans le délai prescrit par le Règlement de procédure et de preuve. Toutefois, cette personne peut consentir à être remise avant l'expiration de ce délai si la législation de l'État requis le permet. Dans ce cas, l'État requis procède aussitôt que possible à sa remise à la Cour.