Portugal

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

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 46
Nature of the extradition procedure

1. The extradition procedure shall be of an urgent nature and shall consist of two stages, namely the administrative and the judicial stages.

2. The administrative stage of the procedure aims at an assessment of the extradition request by the Minister of Justice for the purpose of deciding on the basis of political reasons, or on discretionary grounds, taking into account the safeguards applicable, whether the request is admissible or not admissible.

3. The judicial stage rests under the exclusive competence of the "Tribunal da Relação" which, after having heard the person concerned, shall undertake a legal assessment of the form and substance of the facts in relation to the legal requirements, for the purpose of deciding whether extradition shall be granted or not; no evidence on the alleged conduct of the person claimed shall be taken into consideration.

Keywords

Surrender - procedures



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