'Release prior to surrender' in document 'Portugal - Law 144/99'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 52
Duration of the arrest

4. Where a request for review is submitted to the Constitutional Court, the period of arrest pending a decision on the review may not go beyond a period of three months from the date of the request.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 61
Time-limit for the surrender

2. Should no-one show up to receive the person at that date, he shall be set free 20 days after that date.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 52
Duration of the arrest

4. Where a request for review is submitted to the Constitutional Court, the period of arrest pending a decision on the review may not go beyond a period of three months from the date of the request.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 61
Time-limit for the surrender

2. Should no-one show up to receive the person at that date, he shall be set free 20 days after that date.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
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.