Portugal

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

Part II
Extradition

CHAPTER V
Municipal application of the Convention applying the Schengen Agreement

Article 77
Extradition from Portugal

1. Any police authority that arrests a person on the basis of indications introduced in the Schengen Information System (SIS) shall bring the person before the public prosecutor attached to the ""Tribunal da Relação"l" that has jurisdiction under the terms of Article 53.

2. The person arrested shall be accompanied by any available elements referring to that person as mentioned in paragraph 2 of Article 95 of the Convention applying the Schengen Agreement in particular the identity of the authority that requested the arrest, the existence or not of a warrant of arrest or equivalent, or a sentence, the nature and legal qualification of the offence, the description of the circumstances in which the offence was committed and the legal consequences of the offence.

3. Any judicial decision that assesses the validity of the arrest and any decision that ratifies the person's consent to be extradited must be communicated immediately to the Attorney-General's Office and the National Bureau of SIRENE.

4. Where there is no statement to the effect that the person claimed consents to his extradition, that fact is equally communicated to the Attorney-General's Office for the purpose of promoting that the extradition request be formalised by the requesting authority.

Keywords

Arrest
Arrest for ICC proceedings - national procedures



EDIT.