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IP Treaties Collection

Contracting Parties Convention on Cybercrime Portugal

Dates Signature: November 23, 2001 Ratification: March 24, 2010 Entry into force: July 1, 2010

Declarations, Reservations

Declaration dated April 30, 2010 and updated on July 19, 2010:
"In accordance with Article 35, paragraph 1, of the Convention, Portugal designates as point of contact for the network 24/7:
The Judiciary Police, (Policia Judiciária), Rua Gomes Freire, 174, 1169-007 Lisboa, Portugal"

Declarations dated April 30, 2010:
1. "In accordance with Article 24, paragraph 7a, of the Convention, Portugal declares that in those cases in which the Convention on Extradition or other bilateral or multilateral instruments on extradition are not applicable, the authority responsible for making or receiving requests for extradition or provisional arrest is the Procuradoria-Geral da República (Rua da Escola Politécnica, 140 – 1269-269 Lisboa, Portugal)."
2. "In accordance with Article 27, paragraph 2c, of the Convention, Portugal declares that, in the absence of applicable international agreements, the authority responsible for sending and answering requests for mutual legal assistance is the Procuradoria-Geral da República (Rua da Escola Politécnica, 140 – 1269-269 Lisboa, Portugal)."

Declaration made upon ratification:
"In accordance with Article 24, paragraph 5, of the Convention, the Portuguese Republic declares that it shall not grant extradition of persons who:
a) are to be trialled by an exceptional court or who are to serve a sentence passed by such a court;
b) it has been proved will be subject to a trial which affords no legal guarantees of criminal proceedings complying with the conditions internationally recognised as essential to the protection of human rights, or will serve their sentences in inhuman conditions;
c) are being demanded in connection with an offence punishable with a lifetime sentence or a lifetime detention order.
The Portuguese Republic shall grant extradition only for crimes punishable with penalty of deprivation of liberty superior to one year.
The Portuguese Republic shall not grant extradition of Portuguese nationals.
Portugal shall not grant extradition for offences punishable with the death penalty under the law of the requesting State.
Portugal shall authorise transit through its national territory only in respect of persons whose circumstances are such that their extradition may be granted."