Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Испания

Конфискация (505)

1. MEASURE IMPLEMENTATION

Испания

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is possible.The applicable law is the Criminal Code and the Criminal Procedural Act, which refers to this measure for national cases and is consistent with the Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union Act 23/2014, 22014, of 20 November 2014, on mutual recognition of judicial decision in criminal matters in the European Union, refers to this measure in its Title VIII (article 157 to 172) - only applicable to mutual recognition instrument based on Council Framework Decision 2006/783/JHA.

2. LEGAL FRAMEWORK

Испания

International legal framework applicable for this measure in your Member State

MUTUAL RECOGNITION: Council Framework Decision 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders MUTUAL LEGAL ASSISTANCE: Council of Europe conventions: 2005 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism and 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime .

3. COMPETENT AUTHORITY TO:

Испания

* receive the request/decision for judicial cooperation

The request shall be sent to the Investigating Judge of the judicial distric where the object is located (see Judicial Atlas). Nevertheless, regarding the mutual recognition instrument, the wording of art.16.2 Act 23/2014 should be highlighted: "the decision that declares that the judicial authority that has received the order lacks jurisdiction to execute must also resolve its immediate submission to the judicial authority understood to have jurisdiction, notifying the Public Prosecutor and the judicial authority of the issuing State of that decision".

* execute/recognise the measure (if other than the receiving authority)

The criminal judge of the place in which any of the properties object of confiscation is located is the competent authority for recognising and executing the confiscation order. The change of the location of the property will not imply any loss of competence of the criminal judge who had agreed the recognition and enforcement of the confiscation order transmitted to Spain. If the certificate had been issued in relation with several properties located in different judicial districts, the Criminal judge who receives it first and in whose jurisdiction is found at least one of those properties will be competent to recognise the confiscation of the remaining ones. If the issuing authority does not know the location place of the property to confiscate and if in the certificate were indicated the place of residence or place of business of the individual who has been issued a decision, the criminal judge of the aforementioned judicial district will be competent even if the property, determined subsequently, is located in another judicial district or that the individual has moved his/her address. If a same certificate has been issued in relation with several persons with residence in different places of the Spanish territory, the criminal judge who receives it first and in whose judicial districts is at least one of the aforementioned addresses will be competent to deal with the decreed confiscation in respect of the persons reviewed in the certificate.

4. ACCEPTED LANGUAGES

Испания

Accepted languages for the request/decision

The only accepted language is Spanish.

5. EXECUTION DEADLINE

Испания

Deadlines for the execution of the request/decision (where applicable)

MUTUAL RECOGNITION: Act 23/2014. Article 167.2 maximum period of ten days since its reception. MUTUAL LEGAL ASSISTANCE: There is not a deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Испания

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
  • ® 2021 EJN. All Rights Reserved