Portugal

Law No. 144/99, of 31 August, on International Judicial Cooperation in Criminal Matters

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 58
Appeal

1. Both the public prosecutor and the person concerned shall enjoy the right to make an appeal within ten days of the decision.

2. The request for the appeal shall include submissions or otherwise the appeal shall be dismissed.

3. The other party shall have ten days to reply to the appeal.

4. The file shall be forwarded to the "Supremo Tribunal de Justiça" as soon as that reply is received or as soon as the ten days' time-limit is over.

Article 59
Decision on the appeal

1. Once the file is referred to one of the chambers of the criminal section of the "Supremo Tribunal de Justiça", the judge rapporteur shall have a period of ten days to prepare a draft decision. The file shall then be forwarded simultaneously to all the other judges in chamber, for eight days.

2. As soon as the file has been examined by all the judges, it shall be submitted to the next session of the chamber, with priority over other matters pending; not more than three days after the decision on the appeal becomes final, the file shall be returned to the ""Tribunal da Relação"l".

Keywords

Appeal against other decisions - ICC proceedings



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