Part I
General

CHAPTER II
General rules of procedure


Article 23
Requests

1. Requests for international co-operation shall indicate:
a) The requesting as well as the requested authorities, even if the indication of the latter may be in general terms;
b) the purpose of and the reasons for the request;
c) the legal qualification of the facts on the grounds of which the request is made;
d) the identification of the suspect, the accused or the sentenced person, of the person whose extradition or transfer is requested, as well as the identification of the witness or the expert whose evidence is sought;
e) a description of the facts, including time and place, proportional to the importance of the co-operation requested;
f) the text of the legal provisions applicable in the requesting State;
g) any relevant documents.

2. The authentication of the documents shall not be required.


3. The competent authority may require that a formally irregular or an incomplete request be modified or completed, without that precluding the possibility of taking provisional measures whenever such measures should not await the revised request.

4. The requirement mentioned in sub-paragraph f) of paragraph 1 above may be dispensed with where the form of co-operation requested is that which is mentioned in Article 1.1.f).

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 44
Requests

1. The request for extradition must include, other than the elements mentioned in Article 23:

a) evidence to the effect that, under the concrete circumstances of the case, the person claimed is subject to the criminal jurisdiction of the requesting State;
b) where applicable, evidence that any third State on whose territory the offence was committed does not claim the person for the same offence;
c) a formal undertaking to the effect that the person claimed shall neither (i) be extradited to a third State, nor (ii) be arrested with a view to being proceeded against to serve a sentence or for other purposes, for any offence committed prior to, or concomitantly with, the offence for which extradition is requested.

2. The following must be appended to the request for extradition:

a) the warrant of arrest of the person claimed, issued by the competent authority;
b) a certificate or an authenticated copy of the decision ordering the issue of the warrant of arrest, in the case of extradition with a view to criminal proceedings;
c) a certificate or an authenticated copy of the conviction and sentence, in the case of extradition for the purpose of serving a sentence, as well as a statement specifying the duration of the sentence left to be carried out, if that duration does not correspond to the duration stated in the sentence;
d) a copy of the relevant enactments relating to the conditions under which the person becomes immune by reason of lapse of time from prosecution or punishment, as applicable;
e) if applicable, a statement by the competent authority concerning any facts that, according to the law of the requesting State, have suspended or interrupted the counting of time;
f) a copy of the relevant enactments relating to the possibility of an appeal, or to the possibility of a new trial in case of a sentence rendered in absentia.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 44
Requests

1. The request for extradition must include, other than the elements mentioned in Article 23 :

a) evidence to the effect that, under the concrete circumstances of the case, the person claimed is subject to the criminal jurisdiction of the requesting State ;
b) where applicable, evidence that any third State on whose territory the offence was committed does not claim the person for the same offence ;
c) a formal undertaking to the effect that the person claimed shall neither (i) be extradited to a third State, nor (ii) be arrested with a view to being proceeded against to serve a sentence or for other purposes, for any offence committed prior to, or concomitantly with, the offence for which extradition is requested.

2. The following must be appended to the request for extradition :

a) the warrant of arrest of the person claimed, issued by the competent authority ;
b) a certificate or an authenticated copy of the decision ordering the issue of the warrant of arrest, in the case of extradition with a view to criminal proceedings ; a certificate or an authenticated copy of the conviction and sentence, in the case of extradition for the purpose of serving a sentence, as well as a statement specifying the duration of the sentence left to be carried out, if that duration does not correspond to the duration stated in the sentence ; a copy of the relevant enactments relating to the conditions under which the person becomes immune by reason of lapse of time from prosecution or punishment, as applicable ; if applicable, a statement by the competent authority concerning any facts that, according to the law of the requesting State, have suspended or interrupted the counting of time ; a copy of the relevant enactments relating to the possibility of an appeal, or to the possibility of a new trial in case of a sentence rendered in absentia.

Article 91
Contents of request for arrest and surrender
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.