Part II
Extradition
CHAPTER I
Extradition from Portugal
Section I
Requirements
Article 35
Postponed surrender
1. Neither the fact that criminal proceedings are pending in a Portuguese court against the person claimed, nor the fact that that person is serving a sentence involving deprivation of liberty for an offence other than the offence on the grounds of which extradition is requested, shall prevent extradition from being granted.
2. In such cases, the surrender of the person claimed may be postponed until the proceedings terminate or the sentence is served.
3. The surrender of the person may also be postponed if it is established through medical expertise that that person suffers from an illness that puts his life in danger.
Article 36
Temporary surrender
1. Under the circumstances described in paragraph 1 of Article 35, the person claimed may be temporarily surrendered for the purpose of procedural acts, in particular his trial, which the requesting State establishes cannot be postponed without it carrying serious prejudice, if the surrender does not in turn carry prejudice to the proceedings pending in Portugal and if the requesting State undertakes to return unconditionally the person concerned to Portugal once such procedural acts are terminated.
2. Where the person temporarily surrendered was serving a sentence, the enforcement of the latter shall be suspended as from the date of the surrender of the person to the requesting State and until the date of the surrender back of the person to the Portuguese authorities.
3. However, the duration of custody in the requesting State shall be deducted from the period that remains to be served in Portugal where such custody was not taken into consideration in that State.
4. Where surrender was postponed under the provisions of Article 35, for the purpose of the "Tribunal da Relação" (court of appeal) assessing the requirements mentioned in paragraph 1 above, the request for temporary surrender is processed by way of appending the file to that of the extradition request. The Tribunal da Relação shall seek an opinion both from the court under whose authority the person is, and the Minister of Justice.
Person sought for different crime
EDIT.