Part I
General
CHAPTER I
Subject-matter, scope and general principles of international judicial co-operation in criminal matters
Article 16
Rule of speciality
1. No person who, as a consequence of international co-operation, appears in Portugal for the purpose of participating in criminal proceedings, either as a suspect an accused or a sentenced person, shall be proceeded against, sentenced or detained nor shall he be in any way restricted in his personal freedom, for any act committed prier to his presence on the national territory, other than the act or acts on the grounds of which the request for co-operation was made by a Portuguese authority.
2. No person who, in the same terms as above, appears before a foreign authority shall be proceeded against, sentenced, detained, nor shall he be in any way restricted m his personal freedom, for any act committed, or any sentence passed, prior to his leaving the Portuguese territory, other than those mentioned in the request for co-operation.
3. The surrender of a person to the requesting State as mentioned in the preceding paragraph shall not be authorised unless that State provides the necessary guarantees to the effect that the rule of speciality shall be complied with.
4. The immunity that results from the provisions of this Article shall cease to have effect:
a) where it became possible for the person concerned to leave the Portuguese territory or the territory of another State, as applicable, and that person does not avail himself of that possibility within a period of 45 days, or that person voluntarily returns to one of the said territories;
b) where the State that authorised the transfer, once the suspect, the accused or the sentenced person have been heard, consents to a derogation to the rule of speciality.
5. The provisions of paragraphs 1 and 2 above do not preclude the possibility of extending the co-operation previously sought, by way of a new request, to facts other than those on the grounds of which the original request was made; the new request shall be prepared or examined, as applicable, in accordance with the provisions of this law.
6. Any request made under the provisions of the preceding paragraph shall be accompanied by a document established by the competent authority, containing the statements made by the person who benefits from the rule of speciality.
7. Where the request is submitted to a foreign State, the document mentioned in the preceding paragraph shall be established before the ""Tribunal da Relação" (court of appeal) that has jurisdiction over the area where the person who benefits from the rule of speciality resides or is staying.
Article 17
Special cases in which the rule of speciality does not apply
1. The immunity that results from the provisions of paragraphs 1 and 2 of Article 16 shall also cease to have effect in cases where a treaty, convention or international agreement to which Portugal is a Party does not make provision for the rule of speciality.
2. Where immunity ceases to have effect because the person concerned relinquishes it, such relinquishment must result from a personal statement, made before a judge, showing that the person expressed himself voluntarily and in full knowledge of the consequences thereof, assisted by counsel; counsel shall be appointed where the person has not chosen one.
3. Where the person concerned is called upon to testify in Portugal, further to a request submitted to Portugal or submitted by a Portuguese authority, the hearing shall be held before the ""Tribunal da Relação" (court of appeal) that has jurisdiction over the area where the person concerned resides or is staying.
4. Without prejudice to the provisions of the preceding paragraph, where only after the surrender of the person the Portuguese authorities become aware of facts that took place before such surrender, the relinquishment by a person who appears in Portugal as a result of co-operation requested by a Portuguese authority may only be produced within the framework of the proceedings that it relates to.
EDIT.