Part II
Extradition
CHAPTER I
Extradition from Portugal
Section II
Extradition procedure
Article 48
Administrative procedure
1. Upon receiving the extradition request, the Attorney-General's Office shall assess the formal aspects of the request and, where appropriate, within no more than 20 days, shall forward the request to the Minister of Justice, along with its opinion on its admissibility.
2. Within the 10 following days, the Minister of Justice shall take a decision upon the request.
3. If the request is declared inadmissible the procedure shall be discontinued and the communication mentioned in paragraph 3 of Article 24 shall be made.
4. The Attorney-General's Office shall take such measures as are necessary in order to ensure the surveillance of the person claimed.
Article 49
Judicial procedure: jurisdiction and appeals
1. The "Tribunal da Relação" on whose area of jurisdiction the person claimed resides or is found at the time of the request shall have jurisdiction to deal with the judicial procedure of extradition.
2. The criminal section of the ""Tribunal da Relação" shall be empowered to take the final decision.
3. Only the final decision shall be open to an appeal; the criminal section of the "Supremo Tribunal de Justiça" (Supreme Court of Justice) shall be empowered to take a decision on the appeal.
4. Any appeal against a decision to grant extradition shall stay the execution of that decision.
Article 50
Beginning of the judicial procedure
1. Extradition requests that are declared admissible, along with any documents available and the decision taken, shall be forwarded to the public prosecutor attached to the "Tribunal da Relação" that has jurisdiction over the request.
2. The public prosecutor shall, within 48 hours of receiving the file, take such steps as are necessary in order to initiate the judicial procedure.
Article 51
Introductory decision and arrest of the person claimed
1. Once the case referred to a chamber and within that chamber to a judge rapporteur, the procedure shall immediately be submitted to the latter who, within eight days, must produce a preliminary decision on whether the information available suffices and whether the request is viable.
2. If the judge rapporteur deems that the procedure should be discontinued, he shall submit the file and his written opinion to be examined for a period of five days by the other judges in chamber, the request being submitted to the chamber for decision at. its next meeting.
3. If the case should proceed, the warrant of arrest of the person claimed shall be delivered to the public prosecutor who must promote its execution.
4. Should additional information be required, the competent authorities shall be instructed to keep the person claimed under surveillance, unless it is deemed necessary immediately to place that person under arrest on grounds that there are serious reasons for believing that the request will proceed.
Article 52
Duration of the arrest
1. The arrest of the person claimed shall be terminated and replaced by another coercive measure if the final decision of the ""Tribunal da Relação" does not occur within 65 days of the date of the arrest.
2. Should no non-custodial coercive measure be adequate, the period mentioned in the preceding paragraph shall be prolonged for no longer than 25 days; a final decision must be taken within that period of time.
3. Without prejudice to the provisions of Article 40, the arrest shall continue where an appeal is made against the decision of the ""Tribunal da Relação" ordering extradition; however, the period of arrest pending a decision on the appeal may not go beyond a period of 80 days from the date of the appeal.
4. Where a request for review is submitted to the Constitutional Court, the period of arrest pending a decision on the review may not go beyond a period of three months from the date of the request.
Article 53
Appearance of the person claimed
1. The authority that proceeds to the arrest of the person claimed shall, through the most expedite means that afford evidence in writing, immediately inform the public prosecutor attached to the ""Tribunal da Relação" that has jurisdiction over the request.
2. Within 48 hours of his arrest, the person claimed must appear before the public prosecutor for the purpose of being heard; any property seized shall accompany the person.
3. The judge rapporteur shall hear the person after having appointed a legal counsel for that person if the latter has not done it himself.
4. The person shall be personally summoned to the hearing and informed of his right to be assisted by both a legal counsel and an interpreter.
5. Where for one reason or another the arrest cannot be examined by the "Tribunal da Relação", the person must appear before public prosecutor attached to the court of first instance that has jurisdiction over the area of the seat of the "Tribunal da Relação" that has jurisdiction over the request.
6. In the case mentioned in the preceding paragraph, the hearing shall have as its sole purpose for the judge of the court of first instance to examine whether the arrest was legal and whether it may continue; the public prosecutor shall take whatever measures are necessary in order to ensure that the person appears in the first working day that follows.
Article 54
Hearing of the person claimed
1. In the presence of the public prosecutor and the legal counsel of the person claimed, and if necessary with the assistance of an interpreter, the judge rapporteur shall proceed to the identification of the person and shall inform him of his right to object to his extradition, of his right to consent to his extradition, of the possibility opened to him to relinquish the benefits of the rule of speciality in accordance with the applicable treaty law.
2. If the person claimed declares that he consents to being surrendered to the requesting State, the provisions of paragraphs 2 to 5 of Article 40 shall apply mutatis mutandis. If the person claimed declares that he objects to his extradition, the judge shall assess the reasons for the objection, should the person wish to state such reasons, and produce a written record of the hearing.
3. If the possibility is opened to the person claimed to relinquish the benefits of the rule of speciality, as mentioned in paragraph 1 above, a verbatim account of the information provided on the rule of speciality shall be written into the record of the hearing, along with the statements of the person; the provisions of paragraphs 2 to 5 of Article 40 shall apply mutatis mutandis.
4. The information mentioned in the preceding paragraph shall also be written into the record of the hearing, if under the applicable treaty law it is still possible for the person, after his surrender, to relinquish the benefits of the rule of speciality before the authorities of the requesting State.
5. Both the public prosecutor and the legal counsel may suggest questions for the judge, if he deems the questions appropriate, to put to the person.
6. The provisions of paragraphs 3 and 4 shall also apply to re-extradition.
Article 55
Objections of the person claimed
1. After the hearing of the person claimed, the file shall be entrusted to his legal counsel who may, within eight days, present in writing the person's objections to the extradition request, along with the reasons for the objections, and indicate ways and means of evidence compatible with the Portuguese law; the number of witnesses, however, cannot be in excess of 10.
2. Only the following grounds for objection shall be admitted: the person detained claims not to be the person claimed, or the person detained claims that one or more requirements for extradition have not been met.
3. Once the objections are put forward in writing, or once the time-limit for that procedure has expired, the file shall be submitted f or a period of no longer than five days to the public prosecutor; the latter may put forward requests as he deems fit, subject to the limit on the number of witnesses as indicated in paragraph 1 above.
4. If property is seized, both the person claimed and the public prosecutor may put forward their views on the matter.
5. The ways and means of producing evidence that were indicated by the parties may, not later than the day before their being produced, be replaced by other ways and means, if such replacement does not entail any adjournment.
Article 56
Producing of evidence
1. Any steps requested or taken at the initiative of the judge, in particular steps taken in order to decide on the property seized, must be done within 15 days, in the presence of the person concerned, his counsel, an interpreter if necessary and the public prosecutor.
2. After the production of evidence, the public prosecutor and the counsel may each hold the file for a period of no longer than five days. They may produce submissions.
Article 57
Final decision
1. Where the person concerned has not objected in writing, or after the submissions have been produced in conformity with the provisions of paragraph 2 of Article 56, the judge shall have a period of ten days to examine the file and shall then forward it to each of the other two judges in chamber, for their examination, for a period of five days.
2. The file shall then be submitted to the next session of the chamber, with priority over other matters pending, for final decision; the final decision shall be taken according to the provisions of ordinary criminal procedure.
Article 58
Appeal
1. Both the public prosecutor and the person concerned shall enjoy the right to make an appeal within ten days of the decision.
2. The request for the appeal shall include submissions or otherwise the appeal shall be dismissed.
3. The other party shall have ten days to reply to the appeal.
4. The file shall be forwarded to the "Supremo Tribunal de Justiça" as soon as that reply is received or as soon as the ten days' time-limit is over.
Article 59
Decision on the appeal
1. Once the file is referred to one of the chambers of the criminal section of the "Supremo Tribunal de Justiça", the judge rapporteur shall have a period of ten days to prepare a draft decision. The file shall then be forwarded simultaneously to all the other judges in chamber, for eight days.
2. As soon as the file has been examined by all the judges, it shall be submitted to the next session of the chamber, with priority over other matters pending; not more than three days after the decision on the appeal becomes final, the file shall be returned to the ""Tribunal da Relação".
Article 60
Surrender of the person
1. A certificate of the final decision ordering the extradition shall be required and shall be the only document required in order to surrender the person claimed.
2. Once the decision to extradite becomes final, the public prosecutor shall transmit that decision to the Ministry of Justice for the purposes stated in Article 27, and inform the Attorney-General's Office; the date of the surrender shall not be fixed later than 20 days after the date in which the decision to extradite became final.
Article 61
Time-limit for the surrender
1. The person concerned shall be removed from the Portuguese territory at the date that is fixed in accordance with the provisions of Article 60.
2. Should no-one show up to receive the person at that date, he shall be set free 20 days after that date.
3. That time-limit may be extended for another 20 days, inasmuch as the particular circumstances of the case so require, if reasons of force majeur, notably illness as described in paragraph 3 of Article 35 prevent surrender within that time-limit.
4. Any new request for the extradition of a person whose surrender did not take place within the time-limit mentioned in paragraph 2 above, or within any extension of that time-limit, may or may not be examined.
5. Once the person is surrendered, both the court and the Attorney-General' Office shall be informed.
Section III
Special procedural rules for cases of provisional arrest
Article 62
Powers
1. The judge mentioned in Article 51 above shall be empowered to order the provisional arrest; he shall not produce such an order unless he is satisfied with the authenticity, the regularity and the admissibility of the request; the warrant of arrest shall be handed over to the public prosecutor.
2. The authority who arrests the person shall bring him before the public prosecutor attached to the ""Tribunal da Relação" that has jurisdiction over the request, for the purposes of the person being heard and of a decision being taken to the effect of ratifying or not the arrest and allowing or not its continuation; such a decision must be taken within a period of no more than 48 hours after the arrest.
3. The Attorney-General's Office shall be immediately informed of any provisional arrest; where provisional arrest should terminate according to the provisions of paragraph 5 of Article 38, an order for the release of the person shall be given.
4. The provisions of paragraphs 5 and 6 of Article 53 shall apply mutatis mutandis.
Article 63
Time-limits
1. Once the extradition request of a person provisionally arrested is received, the procedure provided for in Article 48 shall be completed within 15 days.
2. If the Minister of Justice deems the request to be admissible, it shall immediately be forwarded, via the Attorney-General, to the public prosecutor.
3. The arrest of the person shall terminate and be replaced by another coercive measure if the request is not submitted to court within 60 days of the date of the arrest.
4. The file shall immediately be referred to one of the chambers in the ""Tribunal da Relação"; the time-limits mentioned in paragraphs 1 and 2 of Article 51 shall be reduced to three days; the time-limit mentioned in paragraph 1 of Article 52 shall run as from the date of receipt of the request by the court.
5. Any decision by the Minister of Justice to the effect of refusing the request shall immediately be transmitted in accordance with the provisions of paragraph 2 above, for the purpose of releasing the arrested person.
Article 64
Non requested provisional arrest
1. Any authority who proceeds to an arrest according to the provisions of Article 39, shall bring the person before the public prosecutor of the ""Tribunal da Relação" situated in the district where the person was arrested; the public prosecutor shall take steps for the hearing of the person, in accordance with paragraph 2 of Article 62.
2. If the arrest is upheld, it shall immediately be brought to the attention of both the Attorney-General's Office and, through the quickest channels, the foreign authority concerned; the latter shall be requested to inform urgently whether it will submit an extradition request; it shall also be requested to conform with the time-limits provided in paragraph 5 of Article 38.
3. The arrest shall be terminated after 18 days unless a reply is received to the question mentioned in the preceding paragraph, and it shall be terminated after 40 days if a positive reply is received but not followed by an extradition request.
4. The provisions of paragraphs 5 and 6 of Article 53 and those of Article 63 shall apply mutatis mutandis.
Article 65
Non-custodial coercive measures
The ""Tribunal da Relação" shall be competent to decide upon any non-custodial coercive measures where such measures may apply under the provisions of Articles 38 and 64.
Section IV
Second surrender of a previously extradited person
Article 66
Arrest of the extradited person following his escape
1. The warrant of arrest mentioned in Article 42 shall be forwarded to the Central Authority. through the channels mentioned in this law, and shall contain or be accompanied by such information as is necessary in order to establish that the person concerned has previously been extradited from Portugal and has since escaped, before the end of the criminal proceedings against him, or before having served the sentence assigned to him.
2. The warrant of arrest shall be forwarded to the public prosecutor attached to the '"Tribunal da Relação" which dealt with the extradition procedure; the public prosecutor shall provide for the implementation of the request.
Article 67
Implementation of the request
1. Once the implementation of the request has been requested, the judge, if he is satisfied that the request is regular and that the person in question is the same person that was previously extradited, shall make an order for implementation of the request.
2. Within eight days from the date of the arrest, the person concerned may object in writing to his being surrendered to the requesting State, on grounds that the requesting State violated the conditions under which extradition had been granted, indicating the nature of his evidence; the number of witnesses offered to substantiate his claim cannot exceed five.
3. If there is objection, the provisions of paragraphs 3 and 5 of Article 55 and the provisions of Articles 56 and 57, shall apply mutatis mutandis.
4. Any appeal against the decision on the request shall be dealt with according to the provisions of Articles 58 and 59.
Article 68
Second surrender of a previously extradited person
1. In accordance with the provisions of Article 60, the public prosecutor shall take such measures as are necessary in order to ensure the second surrender of the previously extradited person, where there has been no objection or as soon as the objections have been set aside, as applicable.
2. The warrant of arrest as executed shall replace the certificate mentioned in Article 60.
EDIT.