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 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.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 99
Documents and procedure

1. The request must be submitted by the Central Authority to the Minister of Justice for examination.

2. The request must be accompanied by a certificate or an authenticated copy of the judgement to be enforced, the statement of consent of the person concerned where the provisions of sub-paragraph j) of paragraph 1 of Article 96 apply, as well as information concerning the length of provisional arrest or the length of the sentence already served.

3. If the judgement concerns more than one person or imposes several criminal reactions, the request shall be accompanied by a certificate or an authenticated copy of that part of the judgement in respect of which enforcement is sought.

4. Should the Minister of Justice deem the request admissible, the file must be forwarded via the Attorney-General to the public prosecutor attached to the competent ""Tribunal da Relação"l" in accordance with the provisions of Article 235 of the Code of Criminal Procedure, for the public prosecutor to promote the implementation of the procedure concerning review and confirmation of the judgement.

5. The public prosecutor shall request that the sentenced person, or his counsel, be heard and state their views on the request, unless consent has already been given by that person or unless the original request for the delegation of powers to enforce came from that person.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER VI
Common provisions


Article 142
Contents of the request

1. Requests for co-operation shall be prepared and organised in accordance with both the provisions of Article 23 and the specific requirements listed in the following paragraphs.

2. Requests for supervision shall include:

a) the reasons for supervision;
b) a description of the supervisory measures prescribed;
c) the nature and duration of the supervisory measures the application of which is requested;
d) information about the character of the offender and his behaviour in the requesting State before and after the date of the decision imposing supervision.

3. Requests for supervision and enforcement shall be accompanied by the decision imposing a criminal reaction and the decision to revoke conditional suspension of the pronouncement or enforcement of sentence.

4. The enforceable nature of both decisions shall be certified in the manner prescribed by the law of the requesting State.

5. Where the decision to be enforced has replaced an earlier one and does not contain a recital of the facts of the case, the decision containing such recital shall also be attached.

6. If it is considered that the information supplied by the requesting State is insufficient for the purposes of granting the request, additional information shall be requested; a time-limit for receipt of such information may be fixed.

Part VI
Mutual legal assistance in criminal matters

CHAPTER II
Request for assistance


Article 151
Contents of the request and supporting documents

Other than the documents and statements mentioned in Article 23 above, requests shall include, as applicable:

a) the name, address and capacity of the person to whom the writ or the document should be serviced, as well as specification of the nature of such document;
b) a statement to the effect of certifying that search, seizure or handing of property, as requested, are admissible under the law of the requesting State;
c) any reference to particulars of the proceedings or to requirements, including time-limits and confidentiality, that the foreign State or judicial entity wishes to be met.

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.

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 I
Requirements

Article 38
Provisional arrest

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.

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.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements

Article 99
Documents and procedure

1. The request must be submitted by the Central Authority to the Minister of Justice for examination.

2. The request must be accompanied by a certificate or an authenticated copy of the judgement to be enforced, the statement of consent of the person concerned where the provisions of sub-paragraph j) of paragraph 1 of Article 96 apply, as well as information concerning the length of provisional arrest or the length of the sentence already served.

3. If the judgement concerns more than one person or imposes several criminal reactions, the request shall be accompanied by a certificate or an authenticated copy of that part of the judgement in respect of which enforcement is sought.

4. Should the Minister of Justice deem the request admissible, the file must be forwarded via the Attorney-General to the public prosecutor attached to the competent ""Tribunal da Relação"l" in accordance with the provisions of Article 235 of the Code of Criminal Procedure, for the public prosecutor to promote the implementation of the procedure concerning review and confirmation of the judgement.

5. The public prosecutor shall request that the sentenced person, or his counsel, be heard and state their views on the request, unless consent has already been given by that person or unless the original request for the delegation of powers to enforce came from that person.

Part V
Supervision of conditionally sentenced or conditionally released offenders

CHAPTER VI
Common provisions

Article 142
Contents of the request

1. Requests for co-operation shall be prepared and organised in accordance with both the provisions of Article 23 and the specific requirements listed in the following paragraphs.

2. Requests for supervision shall include :

a) the reasons for supervision ;
b) a description of the supervisory measures prescribed ;
c) the nature and duration of the supervisory measures the application of which is requested ;
d) information about the character of the offender and his behaviour in the requesting State before and after the date of the decision imposing supervision.

3. Requests for supervision and enforcement shall be accompanied by the decision imposing a criminal reaction and the decision to revoke conditional suspension of the pronouncement or enforcement of sentence.

4. The enforceable nature of both decisions shall be certified in the manner prescribed by the law of the requesting State.

5. Where the decision to be enforced has replaced an earlier one and does not contain a recital of the facts of the case, the decision containing such recital shall also be attached.

6. If it is considered that the information supplied by the requesting State is insufficient for the purposes of granting the request, additional information shall be requested ; a time-limit for receipt of such information may be fixed.

Part VI
Mutual legal assistance in criminal matters

CHAPTER II
Request for assistance

Article 151
Contents of the request and supporting documents

Other than the documents and statements mentioned in Article 23 above, requests shall include, as applicable :

a) the name, address and capacity of the person to whom the writ or the document should be serviced, as well as specification of the nature of such document ;
b) a statement to the effect of certifying that search, seizure or handing of property, as requested, are admissible under the law of the requesting State ;
c) any reference to particulars of the proceedings or to requirements, including time-limits and confidentiality, that the foreign State or judicial entity wishes to be met.