Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 43
Transit

1. Except for reasons of ordre public, transit of a person who is extradited from one to another foreign State, may be granted through the national territory or air space, if the offence at stake is an extraditable offence according to Portuguese law.

2. Where the person concerned is a Portuguese national, transit shall be granted only where such conditions as would be required for the extradition of that person are met.

3. Authorization for transit is granted on submission of a request by the interested State.

4. Should the transit take place by air transport with no landing on the national territory scheduled, communication from the State interested in the extradition shall suffice.

5. Should an unforeseen landing occur, the provisions of paragraph 3 above shall apply.

6. Whilst in transit, the person concerned shall be kept under arrest.

7. The request shall be addressed to the Minister of Justice through the channels provided for in this law; it shall identify the person in transit; the provisions of paragraph 3 of Article 38 shall apply mutatis mutandis.

8. A decision on the request must be taken within the shortest possible delay; that decision shall be immediately transmitted to the requesting State through the same channels used for the request.

9. The decision authorizing the transit shall specify the conditions under which the transit will take place, as well as the authority that will supervise the transit.

Part VI
Mutual legal assistance in criminal matters

CHAPTER I
Provisions common to different forms of assistance


Article 145
Principle and scope

2. Assistance shall include in particular the following:

e) the transit of persons;

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance


Article 158
Transit

1. The provisions of Article 43 shall apply mutatis mutandis to the transit of any person who is under custody in a foreign State and who must appear in the territory of a third State in order to take part at criminal proceedings.

2. Custody of a person in transit shall not remain if the State that authorised the transfer requests the person to be set free.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 43
Transit

1. Except for reasons of ordre public, transit of a person who is extradited from one to another foreign State, may be granted through the national territory or air space, if the offence at stake is an extraditable offence according to Portuguese law.

2. Where the person concerned is a Portuguese national, transit shall be granted only where such conditions as would be required for the extradition of that person are met.

3. Authorisation for transit is granted on submission of a request by the interested State.

4. Should the transit take place by air transport with no landing on the national territory scheduled, communication from the State interested in the extradition shall suffice.

5. Should an unforeseen landing occur, the provisions of paragraph 3 above shall apply.

6. Whilst in transit, the person concerned shall be kept under arrest.

7. The request shall be addressed to the Minister of Justice through the channels provided for in this law ; it shall identify the person in transit ; the provisions of paragraph 3 of Article 38 shall apply mutatis mutandis.

8. A decision on the request must be taken within the shortest possible delay ; that decision shall be immediately transmitted to the requesting State through the same channels used for the request.

9. The decision authorising the transit shall specify the conditions under which the transit will take place, as well as the authority that will supervise the transit.

Part VI
Mutual legal assistance in criminal matters

CHAPTER I
Provisions common to different forms of assistance

Article 145
Principle and scope

2. Assistance shall include in particular the following :

e) the transit of persons ;

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 89
Surrender of persons to the Court
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.