Portugal

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

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section I
Requirements


Article 43
Transit

1. Except for reasons of ordre public, transit of a person who is extradited from one to another foreign State, may be granted through the national territory or air space, if the offence at stake is an extraditable offence according to Portuguese law.

2. Where the person concerned is a Portuguese national, transit shall be granted only where such conditions as would be required for the extradition of that person are met.

3. Authorization for transit is granted on submission of a request by the interested State.

4. Should the transit take place by air transport with no landing on the national territory scheduled, communication from the State interested in the extradition shall suffice.

5. Should an unforeseen landing occur, the provisions of paragraph 3 above shall apply.

6. Whilst in transit, the person concerned shall be kept under arrest.

7. The request shall be addressed to the Minister of Justice through the channels provided for in this law; it shall identify the person in transit; the provisions of paragraph 3 of Article 38 shall apply mutatis mutandis.

8. A decision on the request must be taken within the shortest possible delay; that decision shall be immediately transmitted to the requesting State through the same channels used for the request.

9. The decision authorizing the transit shall specify the conditions under which the transit will take place, as well as the authority that will supervise the transit.

Keywords

Transit proceedings
Transportation and transit through State territory for surrender



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