Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 44
Requests
1. The request for extradition must include, other than the elements mentioned in Article 23:
a) evidence to the effect that, under the concrete circumstances of the case, the person claimed is subject to the criminal jurisdiction of the requesting State;
b) where applicable, evidence that any third State on whose territory the offence was committed does not claim the person for the same offence;
c) a formal undertaking to the effect that the person claimed shall neither (i) be extradited to a third State, nor (ii) be arrested with a view to being proceeded against to serve a sentence or for other purposes, for any offence committed prior to, or concomitantly with, the offence for which extradition is requested.
2. The following must be appended to the request for extradition:
a) the warrant of arrest of the person claimed, issued by the competent authority;
b) a certificate or an authenticated copy of the decision ordering the issue of the warrant of arrest, in the case of extradition with a view to criminal proceedings;
c) a certificate or an authenticated copy of the conviction and sentence, in the case of extradition for the purpose of serving a sentence, as well as a statement specifying the duration of the sentence left to be carried out, if that duration does not correspond to the duration stated in the sentence;
d) a copy of the relevant enactments relating to the conditions under which the person becomes immune by reason of lapse of time from prosecution or punishment, as applicable;
e) if applicable, a statement by the competent authority concerning any facts that, according to the law of the requesting State, have suspended or interrupted the counting of time;
f) a copy of the relevant enactments relating to the possibility of an appeal, or to the possibility of a new trial in case of a sentence rendered in absentia.
Contents of request for arrest and surrender
Contents of request for arrest and surrender - national law requirements
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