Debates Parlamentares - Diário 099S1, p. 35 (2008-05-23)

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35 | II Série A - Número: 099S1 | 23 de Maio de 2008

1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channels.
2. All documents submitted in support of a request for extradition shall be authenticated.
3. A document is authenticated for the purposes of this Agreement if: a) It purports to be signed or certified by a judge, magistrate or other competent officer in or of the requesting State; and b) It purports to be sealed with an official or public seal of the concerned Ministry or the competent authority of the requesting State.
4. A request of extradition shall be accompanied by: a) If the person is accused of an offence - the original and two certified copies of the warrant for the arrest of the person, a statement of each offence for which extradition is requested and a statement of the acts or omissions which are alleged against the person in respect of each offence, and such documents/information as, according to the law of the requested State, would justify his committal for trial if the offence had been committed in the territory of the requested State; b) If a person has been convicted in that person’s absence of an offence - a judicial or other document or a copy thereof, authorising the apprehension of the person, a statement of each offence for which extradition is requested, a statement of the acts or omissions which are alleged against the person in respect of each offence and a statement of the relevant law that ensures the right to appeal against the decision or to seek retrial; c) If the person has been convicted of an offence otherwise than in that person’s absence - documents evidencing the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out; d) If the person has been convicted of an offence otherwise than in that person’s absence but no sentence has been imposed – documents evidencing the conviction and a statement affirming that it is intended to impose a sentence;

35 | II Série A - Número: 099S1 | 23 de Maio de 20081. A request for extradition shall be made in writing and shall be communicated through the diplomatic channels.
2. All documents submitted in support of a request for extradition shall be authenticated.
3. A document is authenticated for the purposes of this Agreement if: a) It purports to be signed or certified by a judge, magistrate or other competent officer in or of the requesting State; and b) It purports to be sealed with an official or public seal of the concerned Ministry or the competent authority of the requesting State.
4. A request of extradition shall be accompanied by: a) If the person is accused of an offence - the original and two certified copies of the warrant for the arrest of the person, a statement of each offence for which extradition is requested and a statement of the acts or omissions which are alleged against the person in respect of each offence, and such documents/information as, according to the law of the requested State, would justify his committal for trial if the offence had been committed in the territory of the requested State; b) If a person has been convicted in that person’s absence of an offence - a judicial or other document or a copy thereof, authorising the apprehension of the person, a statement of each offence for which extradition is requested, a statement of the acts or omissions which are alleged against the person in respect of each offence and a statement of the relevant law that ensures the right to appeal against the decision or to seek retrial; c) If the person has been convicted of an offence otherwise than in that person’s absence - documents evidencing the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out; d) If the person has been convicted of an offence otherwise than in that person’s absence but no sentence has been imposed – documents evidencing the conviction and a statement affirming that it is intended to impose a sentence;

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