Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 44
Requests
1. The request for extradition must include, other than the elements mentioned in Article 23 :
a) evidence to the effect that, under the concrete circumstances of the case, the person claimed is subject to the criminal jurisdiction of the requesting State ;
b) where applicable, evidence that any third State on whose territory the offence was committed does not claim the person for the same offence ;
c) a formal undertaking to the effect that the person claimed shall neither
(i) be extradited to a third State, nor (ii) be arrested with a view to being proceeded against to serve a sentence or for other purposes, for any offence committed prior to, or concomitantly with, the offence for which extradition is requested.
2. The following must be appended to the request for extradition :
a) the warrant of arrest of the person claimed, issued by the competent authority ;
b) a certificate or an authenticated copy of the decision ordering the issue of the warrant of arrest, in the case of extradition with a view to criminal proceedings ; a certificate or an authenticated copy of the conviction and sentence, in the case of extradition for the purpose of serving a sentence, as well as a statement specifying the duration of the sentence left to be carried out, if that duration does not correspond to the duration stated in the sentence ; a copy of the relevant enactments relating to the conditions under which the person becomes immune by reason of lapse of time from prosecution or punishment, as applicable ; if applicable, a statement by the competent authority concerning any facts that, according to the law of the requesting State, have suspended or interrupted the counting of time ; a copy of the relevant enactments relating to the possibility of an appeal, or to the possibility of a new trial in case of a sentence rendered in absentia.
Article 45
Supplementary information
1. If the request for extradition is either not complete, or not accompanied by all the information that is necessary in order to take a decision, the provisions of paragraph 3 of Article 23 shall apply ; a deadline for the reception of the missing elements shall be fixed, but may be prolonged if the requesting State gives good reasons.
2. If the information requested in accordance with the provisions of the preceding paragraph is not made available, the extradition procedure may be discontinued at the end of the deadline, without prejudice to the possibility of the procedure being re-opened when such information is made available.
3. If the request concerns a person who is already arrested pending an extradition procedure, the discontinuation mentioned in the preceding paragraph entails the immediate release of that person ; the provisions of paragraph 7 of Article 38 shall apply mutatis mutandis.
Article 46
Nature of the extradition procedure
1. The extradition procedure shall be of an urgent nature and shall consist of two stages, namely the administrative and the judicial stages.
2. The administrative stage of the procedure aims at an assessment of the extradition request by the Minister of Justice for the purpose of deciding on the basis of political reasons, or on discretionary grounds, taking into account the safeguards applicable, whether the request is admissible or not admissible.
3. The judicial stage rests under the exclusive competence of the "Tribunal da Relação"l which, after having heard the person concerned, shall undertake a legal assessment of the form and substance of the facts in relation to the legal requirements, for the purpose of deciding whether extradition shall be granted or not ; no evidence on the alleged conduct of the person claimed shall be taken into consideration.
EDIT.