Extradition to Portugal may take place on the basis of a European arrest warrant (EAW). Germany and Portugal have extradition traffic in both directions. German nationals may also be extradited to Portugal for prosecution on the basis of a European arrest warrant.

German extradition lawyer on European arrest warrant from Portugal

In Portugal, a European arrest warrant is issued by a judge or public prosecutor, the public prosecutor having jurisdiction only during the investigation procedure. As grounds for imprisonment, Portuguese law knows the risk of flight, collusion, recurrence or serious disturbance of public order. Arrest warrants may be suspended and the accused may request that detention be replaced by house arrest or other measures, including the lodging of a bail or notification requirements. An arrest warrant issued by the public prosecutor's office may be challenged before the investigating judge. An appeal can be lodged with the Court of Appeal against the decision. A judicial arrest warrant may be appealed directly to the Court of Appeal. During extradition proceedings, Portuguese colleagues tell me that the accused need not be present in Portugal to challenge the arrest warrant.

German extradition lawyer on decisions rendered in absentia

Portugal generally knows decisions rendered in absentia. The limitation period for enforcement is staggered according to the amount of the sentence and is between 4 and 20 years (the latter with more than 10 years imprisonment) from the date on which the judgment comes into force. In the case of convictions in absentia, special provisions apply with regard to the limitation period for enforcement. Requests for clemency are possible. In the case of judgements rendered in absentia, the convicted person may appeal against the judgement within 30 days of the notification of the judgement. However, a Portuguese lawyer must be consulted for the binding calculation of the time limit.

Criminal proceedings in Portugal are structurally similar to German criminal proceedings in that there is an intermediate procedure between the conclusion of the investigation by means of indictment and the opening of the main proceedings, namely the judicial investigation procedure at the request of the accused. In this procedure, the examining magistrate reviews the charge and can continue or even terminate the procedure.