'Escape - ICC proceedings' in document 'Portugal - Law 144/99'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
General

CHAPTER II
General rules of procedure


Article 28
Handing over of property or money

5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 42
Escape of the extradited person

Should any extradited person who escapes after surrender to the requesting State or international judicial entity and before the end of the criminal proceedings or before having served the sentence, return to Portugal, he shall again be arrested and surrendered to the same State or entity upon warrant from the competent authority of that State, save where violation of the conditions under which extradition was granted has occurred.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section III
Special procedural rules for cases of provisional arrest



Article 66
Arrest of the extradited person following his escape

1. The warrant of arrest mentioned in Article 42 shall be forwarded to the Central Authority. through the channels mentioned in this law, and shall contain or be accompanied by such information as is necessary in order to establish that the person concerned has previously been extradited from Portugal and has since escaped, before the end of the criminal proceedings against him, or before having served the sentence assigned to him.

2. The warrant of arrest shall be forwarded to the public prosecutor attached to the '"Tribunal da Relação" which dealt with the extradition procedure; the public prosecutor shall provide for the implementation of the request.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 96
Specific requirements

3. The enforcement in Portugal of a foreign sentence involving deprivation of liberty shall also be admissible, even where the requirements provided for in paragraph 1, sub-paragraphs g) and j) above are not met, if, in case of escape to Portugal or other situation in which the person is present in Portugal, the extradition of the person concerned, for the offence for which he was sentenced, has been refused.

Part IV
Enforcement of criminal judgements

CHAPTER I
Enforcement of foreign criminal judgements


Article 101
Applicable law; effects of enforcement

8. As soon as enforcement begins in Portugal, the requesting State must relinquish its right to enforce the same judgement; the right of enforcement shall however revert to the latter State (a) where the sentenced person escapes and (b) where that State is informed that the sentence, if it involves the payment of a sum of money cannot be totally or partially enforced.

Part I
General

CHAPTER II
General rules of procedure

Article 28
Handing over of property or money

5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements

Article 42
Escape of the extradited person

Should any extradited person who escapes after surrender to the requesting State or international judicial entity and before the end of the criminal proceedings or before having served the sentence, return to Portugal, he shall again be arrested and surrendered to the same State or entity upon warrant from the competent authority of that State, save where violation of the conditions under which extradition was granted has occurred.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section IV
Second surrender of a previously extradited person

Article 66
Arrest of the extradited person following his escape

1. The warrant of arrest mentioned in Article 42 shall be forwarded to the Central Authority. through the channels mentioned in this law, and shall contain or be accompanied by such information as is necessary in order to establish that the person concerned has previously been extradited from Portugal and has since escaped, before the end of the criminal proceedings against him, or before having served the sentence assigned to him.

2. The warrant of arrest shall be forwarded to the public prosecutor attached to the '"Tribunal da Relação"l" which dealt with the extradition procedure ; the public prosecutor shall provide for the implementation of the request.

RELEVANT ROME STATUTE PROVISIONS

Article 111
Escape
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.