Part II
Extradition
CHAPTER I
Extradition from Portugal
Section III
Special procedural rules for cases of provisional arrest
Article 62
Powers
1. The judge mentioned in Article 51 above shall be empowered to order the provisional arrest; he shall not produce such an order unless he is satisfied with the authenticity, the regularity and the admissibility of the request ; the warrant of arrest shall be handed over to the public prosecutor.
2. The authority who arrests the person shall bring him before the public prosecutor attached to the ""Tribunal da Relação"l" that has jurisdiction over the request, for the purposes of the person being heard and of a decision being taken to the effect of ratifying or not the arrest and allowing or not its continuation ; such a decision must be taken within a period of no more than 48 hours after the arrest.
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.
4. The provisions of paragraphs 5 and 6 of Article 53 shall apply mutatis mutandis.
Article 63
Time-limits
1. Once the extradition request of a person provisionally arrested is received, the procedure provided for in Article 48 shall be completed within 15 days.
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.
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.
4. The file shall immediately be referred to one of the chambers in the ""Tribunal da Relação"l"; the time-limits mentioned in paragraphs 1 and 2 of Article 51 shall be reduced to three days ; the time-limit mentioned in paragraph 1 of Article 52 shall run as from the date of receipt of the request by the court.
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.
Article 64
Non requested provisional arrest
1. Any authority who proceeds to an arrest according to the provisions of Article 39, shall bring the person before the public prosecutor of the ""Tribunal da Relação"l" situated in the district where the person was arrested ; the public prosecutor shall take steps for the hearing of the person, in accordance with paragraph 2 of Article 62.
2. If the arrest is upheld, it shall immediately be brought to the attention of both the Attorney-General's Office and, through the quickest channels, the foreign authority concerned ; the latter shall be requested to inform urgently whether it will submit an extradition request; it shall also be requested to conform with the time-limits provided in paragraph 5 of Article 38.
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.4. The provisions of paragraphs 5 and 6 of Article 53 and those of Article 63 shall apply mutatis mutandis.
Article 65
Non-custodial coercive measures
The ""Tribunal da Relação"l" shall be competent to decide upon any non-custodial coercive measures where such measures may apply under the provisions of Articles 38 and 64.
Provisional arrest
Provisional arrest for ICC proceedings - national procedures
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