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

Изслушване на свидетели: стандартна процедура (702)

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 Procedural Act, which refers to this measure for national cases in articles 410-450. Articles 416-419 of the said law regulate the cases when it is not mandatory for the witness to appear before the public prosecutor or court or to give evidence (for instance, relatives or translators).

2. LEGAL FRAMEWORK

Испания

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union European Convention on Mutual Assistance in Criminal Matters of 1959

3. COMPETENT AUTHORITY TO:

Испания

* receive the request/decision for judicial cooperation

The request should be sent to: a) Public Prosecutor Service; or b) Investigating Judge or Central Investigating Judge at the National Court, according to the scope of their respective objective competence (see Judicial Atlas).

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

Public Prosecutor Service or Investigating Judge/Central Investigating Judge

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)

There is not deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Испания

a. Special requirements

N/A

b. Other useful information

Under the relevant provisions of the Criminal Procedural Law (articles 410 to 450) the witness will be summoned with the formalities prescribed by law and will be required to attend the court/prosecutor´s office in order to give evidence. The following persons enjoy the privilege not to give evidence in the capacity of witnesses: - Relatives of the suspect or defendant in direct ascending or descending lines; spouse, or person linked to the suspect/defendant by a relationship analogue to marriage; brothers or half-brothers and relatives linked by consanguinity until the second degree); -the defense lawyer of the suspect/defendant; -Translators and interpreters of conversations and communications in relation to the facts referred to them for translation or interpretation; - Professionals covered by professional secrecy. The witness must be truthful and should be warned by the relevant judge that he/she could be prosecuted for an offence of false testimony in a criminal case if he/she fails to do so. The letter of request should include a list of questions to be posed to the witness. The requesting judicial authority can be authorised to the present at the examination of the witness by the Spanish judicial authority.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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