Part I
General

CHAPTER II
General rules of procedure


Article 29
Urgent provisional measures

1. In case of urgency, the foreign judicial authorities may communicate with the Portuguese judicial authorities, either directly or through the International Criminal Police Organization - INTERPOL or through central agencies designated to that effect, for the purpose of requesting provisional measures or measures that cannot be delayed; the request shall state the reasons for the urgency and shall be in accordance with the provisions of Article 23 above.

2. Requests shall be transmitted by post, by electronic means, by telegraph or by any other means allowing for a written record provided that it is admitted by the Portuguese law.

3. Where the Portuguese judicial authorities deem the request to be admissible, they shall execute it; however, where prescribed by this law, they must seek to obtain from the Minister of Justice, through the Central Authority, previous clearance- should that be possible - or ratification otherwise.

4. Where under this Article co-operation involves Portuguese and foreign authorities of a different nature, the request shall be channelled through the Central Authority.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 38
Provisional arrest

1. In case of urgency the provisional arrest of the person sought may be requested as a preliminary to a formal extradition request.

2. Any decision on such a provisional arrest, or on the continuation of such an arrest, shall be taken in accordance with the Portuguese law.

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.

4. The provisions of Article 29 shall apply to the transmission of the request.

5. Provisional arrest shall be terminated if the request for extradition is not received within 18 days of the arrest; it may however be prolonged for up to 40 days of the arrest if the reasons given by the requesting State so justify.

6. Provisional arrest may be replaced by any other coercive measure in accordance with the provisions of the Code of Criminal Procedure.

7. The provisions of paragraph 5 above shall not prejudice re-arrest and extradition if a request is received subsequently.

8. The request for provisional arrest shall be examined only where no doubts
arise as to the powers of the requesting authority and if the request contains such elements as are indicated in paragraph 3 above.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest


Article 62
Powers
1. The judge mentioned in Article 51 above shall be empowered to order the provisional arrest; he shall not produce such an order unless he is satisfied with the authenticity, the regularity and the admissibility of the request; the warrant of arrest shall be handed over to the public prosecutor.

Part I
General

CHAPTER II
General rules of procedure

Article 29
Urgent provisional measures

1. In case of urgency, the foreign judicial authorities may communicate with the Portuguese judicial authorities, either directly or through the International Criminal Police Organisation - INTERPOL or through central agencies designated to that effect, for the purpose of requesting provisional measures or measures that cannot be delayed ; the request shall state the reasons for the urgency and shall be in accordance with the provisions of Article 23 above.

2. Requests shall be transmitted by post, by electronic means, by telegraph or by any other means allowing for a written record provided that it is admitted by the Portuguese law.

3. Where the Portuguese judicial authorities deem the request to be admissible, they shall execute it ; however, where prescribed by this law, they must seek to obtain from the Minister of Justice, through the Central Authority, previous clearance- should that be possible - or ratification otherwise.

4. Where under this Article co-operation involves Portuguese and foreign authorities of a different nature, the request shall be channelled through the Central Authority.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 38
Provisional arrest

1. In case of urgency the provisional arrest of the person sought may be requested as a preliminary to a formal extradition request.

2. Any decision on such a provisional arrest, or on the continuation of such an arrest, shall be taken in accordance with the Portuguese law.

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.

4. The provisions of Article 29 shall apply to the transmission of the request.

5. Provisional arrest shall be terminated if the request for extradition is not received within 18 days of the arrest; it may however be prolonged for up to 40 days of the arrest if the reasons given by the requesting State so justify.

6. Provisional arrest may be replaced by any other coercive measure in accordance with the provisions of the Code of Criminal Procedure.

7. The provisions of paragraph 5 above shall not prejudice re-arrest and extradition if a request is received subsequently.

8. The request for provisional arrest shall be examined only where no doubts
arise as to the powers of the requesting authority and if the request contains such elements as are indicated in paragraph 3 above.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest

Article 62
Powers

1. The judge mentioned in Article 51 above shall be empowered to order the provisional arrest ; he shall not produce such an order unless he is satisfied with the authenticity, the regularity and the admissibility of the request ; the warrant of arrest shall be handed over to the public prosecutor.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender
shall immediately take steps to arrest the person in question in accordance with its laws and the
provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the
custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial
State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial
State shall consider whether, given the gravity of the alleged crimes, there are urgent and
exceptional circumstances to justify interim release and whether necessary safeguards exist to
ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be
open to the competent authority of the custodial State to consider whether the warrant of arrest
was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make
recommendations to the competent authority in the custodial State. The competent authority in
the custodial State shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic
reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.


Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.