Portugal

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

Part VI
Mutual legal assistance in criminal matters

CHAPTER III
Special forms of international assistance

Article 155
Temporary surrender of persons in custody

1. A person arrested or imprisoned in Portugal may be temporarily surrendered to an authority of a foreign State for the purposes mentioned in the preceding Article, provided that that person consents, that his remaining in custody is guaranteed and that he shall be returned within the period stipulated by the Portuguese authorities or when his presence in that State is no longer necessary.

2. Without prejudice to the provisions of the preceding paragraph, surrender shall be refused if :

a) the presence of the person concerned is necessary at criminal proceedings pending in Portugal ;
b) it is liable to prolong the provisional arrest of the person concerned ;
c) regarding the circumstances of the case, the Portuguese judicial authority does not deem surrender to be convenient.

3. The provisions of sub-paragraphs 1 and 2 of Article 21 shall apply to the requests mentioned in this Article.

4. The time during which the person remains out of Portugal shall be taken into consideration for the purposes of provisional arrest or sentence imposed in Portugal.


Keywords

Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings



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