Extradition agreement between Macau and Portugal revealed

The full extradition agreement between Macau SAR and Portugal has been published in the latest Official Gazette on Monday, with criminal fugitive offenders in the 2 jurisdictions to be handed over to the requested party in accordance with the agreement’s provisions.

The delivery may take place for the purpose of criminal prosecution or for the execution of a prison sentence in respect to court rulings within the jurisdiction of the requesting party.

According to the agreement, fugitives that have committed or attempted crimes punishable by the law of both parties with one year or more of detention are allowed to be surrendered.

Meanwhile, if the purpose of the extradition request is solely for detention, the prison sentence remaining to carried out should be no less than 6 months.

Portugal reserves the right to refuse hand over national fugitives requested by Macau authorities in Portugal; while the Macau SAR can refuse to surrender Chinese nationals, permanent residents of the Macau SAR but not Portuguese permanent residents.

No death penalty

Crimes of a political nature or punishable with the death penalty – enforced in the People’s Republic of China – can not lead to an extradition.

In addition, the agreement allows the requested party to reject extradition application under several situations, such as the request is contrary to the sovereignty, security or public order, or the request involves political or military crime, or due to race, sexuality, religion, etc., or crimes which will be punished by death penalty or irreversible damage, or the request exceeds the time limit for the requested party.

The central authorities which are responsible for receiving and sending applications concerning the surrender of fugitive offenders are the Portuguese Attorney General’s Office and Macau’s Public Prosecutor Office (MP).

This Agreement shall enter into force with 30 days after all the internal processes in both parties are completed and the official notifications are done.

This agreement was signed by the Portuguese Ministry of Justice Francisca Van Dunem and the Secretary for Administration and Justice of Macau, Sonia Chan Hoi Fan on May 15, 2019 in Lisbon.

Source: macaubusiness.com, Staff, June 20, 2019

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"One is absolutely sickened, not by the crimes that the wicked have committed,
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