Part VI
Mutual legal assistance in criminal matters
CHAPTER III
Special forms of international assistance
Article 155
Temporary surrender of persons in custody
1. A person arrested or imprisoned in Portugal may be temporarily surrendered to an authority of a foreign State for the purposes mentioned in the preceding Article, provided that that person consents, that his remaining in custody is guaranteed and that he shall be returned within the period stipulated by the Portuguese authorities or when his presence in that State is no longer necessary.
2. Without prejudice to the provisions of the preceding paragraph, surrender shall be refused if:
a) the presence of the person concerned is necessary at criminal proceedings pending in Portugal;
b) it is liable to prolong the provisional arrest of the person concerned;
c) regarding the circumstances of the case, the Portuguese judicial authority does not deem surrender to be convenient.
3. The provisions of sub-paragraphs 1 and 2 of Article 21 shall apply to the requests mentioned in this Article.
4. The time during which the person remains out of Portugal shall be taken into consideration for the purposes of provisional arrest or sentence imposed in Portugal.
5. If the sentence imposed on the person surrendered expires while that person is on the territory of a foreign State, that person shall be set free and shall as from that moment enjoy such rights as enjoy the persons who are not under custody.
6. The Minister of Justice may grant the assistance requested subject to specified requirements.
EDIT.