Part I
General

CHAPTER II
General rules of procedure


Article 29
Urgent provisional measures

1. In case of urgency, the foreign judicial authorities may communicate with the Portuguese judicial authorities, either directly or through the International Criminal Police Organization - INTERPOL or through central agencies designated to that effect, for the purpose of requesting provisional measures or measures that cannot be delayed; the request shall state the reasons for the urgency and shall be in accordance with the provisions of Article 23 above.

2. Requests shall be transmitted by post, by electronic means, by telegraph or by any other means allowing for a written record provided that it is admitted by the Portuguese law.

3. Where the Portuguese judicial authorities deem the request to be admissible, they shall execute it; however, where prescribed by this law, they must seek to obtain from the Minister of Justice, through the Central Authority, previous clearance- should that be possible - or ratification otherwise.

4. Where under this Article co-operation involves Portuguese and foreign authorities of a different nature, the request shall be channelled through the Central Authority.

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 II
Extradition to Portugal


Article 71
International circulation of the request for provisional arrest

1. The judicial warrant for provisional arrest with a view to extradition must be forwarded by the public prosecutor attached to the competent court, to the Attorney-General's Office.

2. The Attorney-General's Office must forward the warrant to the National Bureau of INTERPOL and inform the court accordingly.

Part I
General

CHAPTER II
General rules of procedure

Article 29
Urgent provisional measures

1. In case of urgency, the foreign judicial authorities may communicate with the Portuguese judicial authorities, either directly or through the International Criminal Police Organisation - INTERPOL or through central agencies designated to that effect, for the purpose of requesting provisional measures or measures that cannot be delayed ; the request shall state the reasons for the urgency and shall be in accordance with the provisions of Article 23 above.

2. Requests shall be transmitted by post, by electronic means, by telegraph or by any other means allowing for a written record provided that it is admitted by the Portuguese law.

3. Where the Portuguese judicial authorities deem the request to be admissible, they shall execute it ; however, where prescribed by this law, they must seek to obtain from the Minister of Justice, through the Central Authority, previous clearance- should that be possible - or ratification otherwise.

4. Where under this Article co-operation involves Portuguese and foreign authorities of a different nature, the request shall be channelled through the Central Authority.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 37
Conflicting requests

1. Where there are two or more requests for the extradition of the same person, decisions on which should have preference shall submit to criteria as follows :

where the requests concern the same facts, the place where the offence was committed or the place where the main fact was carried out ;
where the requests concern different facts, the seriousness of the offence according to Portuguese law, the date of the request, the nationality or the place of residence of the person sought, as well as any other concrete circumstances such as the existence of a treaty or the possibilities of re-extradition between the different requesting States.

2. In the cases mentioned in paragraph 2 of Article 1, the provisions of the preceding paragraph shall cede against the rule according to which international jurisdiction shall have primacy over national jurisdiction.

3. The provisions of the preceding paragraphs shall apply, as appropriate, for purposes of maintaining anticipated arrest.

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 II
Extradition

CHAPTER II
Extradition to Portugal

Article 71
International circulation of the request for provisional arrest

1. The judicial warrant for provisional arrest with a view to extradition must be forwarded by the public prosecutor attached to the competent court, to the Attorney-General's Office.

2. The Attorney-General's Office must forward the warrant to the National Bureau of INTERPOL and inform the court accordingly.

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.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender
shall immediately take steps to arrest the person in question in accordance with its laws and the
provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the
custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial
State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial
State shall consider whether, given the gravity of the alleged crimes, there are urgent and
exceptional circumstances to justify interim release and whether necessary safeguards exist to
ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be
open to the competent authority of the custodial State to consider whether the warrant of arrest
was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make
recommendations to the competent authority in the custodial State. The competent authority in
the custodial State shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic
reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.