Part II
Extradition
CHAPTER I
Extradition from Portugal
Section I
Requirements
Article 32
Cases in which extradition is excluded
1. Extradition shall be excluded in the cases mentioned in Articles 6 to 8 above, as well as in the following cases :
b) where the person claimed is a Portuguese national, without prejudice to the provisions of the following paragraph.
2. The extradition of Portuguese nationals shall however not be excluded where :
extradition of nationals is provided for in a treaty, convention or agreement to which Portugal is a Party, and extradition is sought for offences of terrorism or international organised crime, and
the legal system of the requesting State embodies guarantees of a fair trial.
3. In the circumstances covered by the preceding paragraph, extradition may only take place for purposes of criminal proceedings and provided that the requesting State gives assurances that it will return the extradited person to Portugal for that person to serve in Portugal the sanction or measure eventually imposed on him, once the sentenced is reviewed and confirmed in accordance with the Portuguese law, unless the extradited person expressly refuses to be returned.
Nationality jurisdiction - ICC proceedings
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