Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters


Article 16
Rule of speciality

1. No person who, as a consequence of international co-operation, appears in Portugal for the purpose of participating in criminal proceedings, either as a suspect an accused or a sentenced person, shall be proceeded against, sentenced or detained nor shall he be in any way restricted in his personal freedom, for any act committed prier to his presence on the national territory, other than the act or acts on the grounds of which the request for co-operation was made by a Portuguese authority.

2. No person who, in the same terms as above, appears before a foreign authority shall be proceeded against, sentenced, detained, nor shall he be in any way restricted m his personal freedom, for any act committed, or any sentence passed, prior to his leaving the Portuguese territory, other than those mentioned in the request for co-operation.

3. The surrender of a person to the requesting State as mentioned in the preceding paragraph shall not be authorised unless that State provides the necessary guarantees to the effect that the rule of speciality shall be complied with.

4. The immunity that results from the provisions of this Article shall cease to have effect:

a) where it became possible for the person concerned to leave the Portuguese territory or the territory of another State, as applicable, and that person does not avail himself of that possibility within a period of 45 days, or that person voluntarily returns to one of the said territories;
b) where the State that authorised the transfer, once the suspect, the accused or the sentenced person have been heard, consents to a derogation to the rule of speciality.

5. The provisions of paragraphs 1 and 2 above do not preclude the possibility of extending the co-operation previously sought, by way of a new request, to facts other than those on the grounds of which the original request was made; the new request shall be prepared or examined, as applicable, in accordance with the provisions of this law.

6. Any request made under the provisions of the preceding paragraph shall be accompanied by a document established by the competent authority, containing the statements made by the person who benefits from the rule of speciality.

7. Where the request is submitted to a foreign State, the document mentioned in the preceding paragraph shall be established before the ""Tribunal da Relação" (court of appeal) that has jurisdiction over the area where the person who benefits from the rule of speciality resides or is staying.


Article 17
Special cases in which the rule of speciality does not apply

1. The immunity that results from the provisions of paragraphs 1 and 2 of Article 16 shall also cease to have effect in cases where a treaty, convention or international agreement to which Portugal is a Party does not make provision for the rule of speciality.

2. Where immunity ceases to have effect because the person concerned relinquishes it, such relinquishment must result from a personal statement, made before a judge, showing that the person expressed himself voluntarily and in full knowledge of the consequences thereof, assisted by counsel; counsel shall be appointed where the person has not chosen one.

3. Where the person concerned is called upon to testify in Portugal, further to a request submitted to Portugal or submitted by a Portuguese authority, the hearing shall be held before the ""Tribunal da Relação" (court of appeal) that has jurisdiction over the area where the person concerned resides or is staying.

4. Without prejudice to the provisions of the preceding paragraph, where only after the surrender of the person the Portuguese authorities become aware of facts that took place before such surrender, the relinquishment by a person who appears in Portugal as a result of co-operation requested by a Portuguese authority may only be produced within the framework of the proceedings that it relates to.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 54
Hearing of the person claimed

1. In the presence of the public prosecutor and the legal counsel of the person claimed, and if necessary with the assistance of an interpreter, the judge rapporteur shall proceed to the identification of the person and shall inform him of his right to object to his extradition, of his right to consent to his extradition, of the possibility opened to him to relinquish the benefits of the rule of speciality in accordance with the applicable treaty law.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 54
Hearing of the person claimed

3. If the possibility is opened to the person claimed to relinquish the benefits of the rule of speciality, as mentioned in paragraph 1 above, a verbatim account of the information provided on the rule of speciality shall be written into the record of the hearing, along with the statements of the person; the provisions of paragraphs 2 to 5 of Article 40 shall apply mutatis mutandis.

4. The information mentioned in the preceding paragraph shall also be written into the record of the hearing, if under the applicable treaty law it is still possible for the person, after his surrender, to relinquish the benefits of the rule of speciality before the authorities of the requesting State.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest


Article 67
Implementation of the request

2. Within eight days from the date of the arrest, the person concerned may object in writing to his being surrendered to the requesting State, on grounds that the requesting State violated the conditions under which extradition had been granted, indicating the nature of his evidence; the number of witnesses offered to substantiate his claim cannot exceed five.

3. If there is objection, the provisions of paragraphs 3 and 5 of Article 55 and the provisions of Articles 56 and 57, shall apply mutatis mutandis.
4. Any appeal against the decision on the request shall be dealt with according to the provisions of Articles 58 and 59.

Part II
Extradition

CHAPTER II
Extradition to Portugal

Article 70
Re-extradition

The provisions of paragraphs 4 and 5 of Article 34 are applicable mutatis mutandis to re-extradition requested by Portugal

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance


Article 157
Safe conduct

1. Any person appearing on the territory of a foreign State under the terms and for the purposes of the provisions of Articles 154, 155 or 156 above:

a) shall not be arrested, prosecuted, punished or subjected to any other restriction of his personal liberty in respect of any act anterior to his departure from the Portuguese territory other than those mentioned in the request for co-operation;

Part I
General

CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters

Article 16
Rule of speciality

1. No person who, as a consequence of international co-operation, appears in Portugal for the purpose of participating in criminal proceedings, either as a suspect an accused or a sentenced person, shall be proceeded against, sentenced or detained nor shall he be in any way restricted in his personal freedom, for any act committed prier to his presence on the national territory, other than the act or acts on the grounds of which the request for co-operation was made by a Portuguese authority.

2. No person who, in the same terms as above, appears before a foreign authority shall be proceeded against, sentenced, detained, nor shall he be in any way restricted m his personal freedom, for any act committed, or any sentence passed, prior to his leaving the Portuguese territory, other than those mentioned in the request for co-operation.

3. The surrender of a person to the requesting State as mentioned in the preceding paragraph shall not be authorised unless that State provides the necessary guarantees to the effect that the rule of speciality shall be complied with.

4. The immunity that results from the provisions of this Article shall cease to have effect :

a) where it became possible for the person concerned to leave the Portuguese territory or the territory of another State, as applicable, and that person does not avail himself of that possibility within a period of 45 days, or that person voluntarily returns to one of the said territories ;
b) where the State that authorised the transfer, once the suspect, the accused or the sentenced person have been heard, consents to a derogation to the rule of speciality.

5. The provisions of paragraphs 1 and 2 above do not preclude the possibility of extending the co-operation previously sought, by way of a new request, to facts other than those on the grounds of which the original request was made; the new request shall be prepared or examined, as applicable, in accordance with the provisions of this law.

6. Any request made under the provisions of the preceding paragraph shall be accompanied by a document established by the competent authority, containing the statements made by the person who benefits from the rule of speciality.

7. Where the request is submitted to a foreign State, the document mentioned in the preceding paragraph shall be established before the ""Tribunal da Relação"l" (court of appeal) that has jurisdiction over the area where the person who benefits from the rule of speciality resides or is staying.

Article 17
Special cases in which the rule of speciality does not apply

1. The immunity that results from the provisions of paragraphs 1 and 2 of Article 16 shall also cease to have effect in cases where a treaty, convention or international agreement to which Portugal is a Party does not make provision for the rule of speciality.

2. Where immunity ceases to have effect because the person concerned relinquishes it, such relinquishment must result from a personal statement, made before a judge, showing that the person expressed himself voluntarily and in full knowledge of the consequences thereof, assisted by counsel; counsel shall be appointed where the person has not chosen one.

3. Where the person concerned is called upon to testify in Portugal, further to a request submitted to Portugal or submitted by a Portuguese authority, the hearing shall be held before the ""Tribunal da Relação"l" (court of appeal) that has jurisdiction over the area where the person concerned resides or is staying.

4. Without prejudice to the provisions of the preceding paragraph, where only after the surrender of the person the Portuguese authorities become aware of facts that took place before such surrender, the relinquishment by a person who appears in Portugal as a result of co-operation requested by a Portuguese authority may only be produced within the framework of the proceedings that it relates to.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 54
Hearing of the person claimed

1. In the presence of the public prosecutor and the legal counsel of the person claimed, and if necessary with the assistance of an interpreter, the judge rapporteur shall proceed to the identification of the person and shall inform him of his right to object to his extradition, of his right to consent to his extradition, of the possibility opened to him to relinquish the benefits of the rule of speciality in accordance with the applicable treaty law.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 54
Hearing of the person claimed

3. If the possibility is opened to the person claimed to relinquish the benefits of the rule of speciality, as mentioned in paragraph 1 above, a verbatim account of the information provided on the rule of speciality shall be written into the record of the hearing, along with the statements of the person; the provisions of paragraphs 2 to 5 of Article 40 shall apply mutatis mutandis.

4. The information mentioned in the preceding paragraph shall also be written into the record of the hearing, if under the applicable treaty law it is still possible for the person, after his surrender, to relinquish the benefits of the rule of speciality before the authorities of the requesting State.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section IV
Second surrender of a previously extradited person

Article 67
Implementation of the request

2. Within eight days from the date of the arrest, the person concerned may object in writing to his being surrendered to the requesting State, on grounds that the requesting State violated the conditions under which extradition had been granted, indicating the nature of his evidence ; the number of witnesses offered to substantiate his claim cannot exceed five.

3. If there is objection, the provisions of paragraphs 3 and 5 of Article 55 and the provisions of Articles 56 and 57, shall apply mutatis mutandis.

4. Any appeal against the decision on the request shall be dealt with according to the provisions of Articles 58 and 59.

Part II
Extradition

CHAPTER II
Extradition to Portugal

Article 70
Re-extradition

The provisions of paragraphs 4 and 5 of Article 34 are applicable mutatis mutandis to re-extradition requested by Portugal.

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance

Article 157
Safe conduct

1. Any person appearing on the territory of a foreign State under the terms and for the purposes of the provisions of Articles 154, 155 or 156 above :

a) shall not be arrested, prosecuted, punished or subjected to any other restriction of his personal liberty in respect of any act anterior to his departure from the Portuguese territory other than those mentioned in the request for co-operation ;

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.