Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 38
Provisional arrest

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

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 38
Provisional arrest

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.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest


Article 62
Powers

3. The Attorney-General's Office shall be immediately informed of any provisional arrest; where provisional arrest should terminate according to the provisions of paragraph 5 of Article 38, an order for the release of the person shall be given.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest



Article 63
Time-limits

2. If the Minister of Justice deems the request to be admissible, it shall immediately be forwarded, via the Attorney-General, to the public prosecutor.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest


Article 63
Time-limits

3. The arrest of the person shall terminate and be replaced by another coercive measure if the request is not submitted to court within 60 days of the date of the arrest.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest


Article 63
Time-limits

5. Any decision by the Minister of Justice to the effect of refusing the request shall immediately be transmitted in accordance with the provisions of paragraph 2 above, for the purpose of releasing the arrested person.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest


Article 64
Non requested provisional arrest

3. The arrest shall be terminated after 18 days unless a reply is received to the question mentioned in the preceding paragraph, and it shall be terminated after 40 days if a positive reply is received but not followed by an extradition request.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 38
Provisional arrest

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.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 38
Provisional arrest

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

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 III
Special procedural rules for cases of provisional arrest

Article 62
Powers

3. The Attorney-General's Office shall be immediately informed of any provisional arrest ; where provisional arrest should terminate according to the provisions of paragraph 5 of Article 38, an order for the release of the person shall be given.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest

Article 63
Time-limits

2. If the Minister of Justice deems the request to be admissible, it shall immediately be forwarded, via the Attorney-General, to the public prosecutor.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest

Article 63
Time-limits

3. The arrest of the person shall terminate and be replaced by another coercive measure if the request is not submitted to court within 60 days of the date of the arrest.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest

Article 63
Time-limits

5. Any decision by the Minister of Justice to the effect of refusing the request shall immediately be transmitted in accordance with the provisions of paragraph 2 above, for the purpose of releasing the arrested person.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest

Article 64
Non requested provisional arrest

3. The arrest shall be terminated after 18 days unless a reply is received to the question mentioned in the preceding paragraph, and it shall be terminated after 40 days if a positive reply is received but not followed by an extradition request.

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.