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 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.

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 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.

Article 90
Competing requests
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.