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: чрез видеоконферентна връзка (703)

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 article 325, article 731 bis and articles 410-450. Art.416-419 govern the privilege not to give evidence as a witness (for instance, relatives to the parties 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

3. COMPETENT AUTHORITY TO:

Испания

* receive the request/decision for judicial cooperation

The request should be sent to a) Public Prosecutor Service or b) the investigation Judge or Central Investigacion Judge according of the scope of their respetive competence( See the Judicial Atlas)

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

Public Prosecutor Service or 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

Article 229.3 Organic Act 6/1985, 1st July, Spanish Judicary Act: These proceedings may be conducted by videoconference or any other similar system which allows for two-way communication and simultaneous relay of sound and image providing visual, hearing and verbal interaction between persons or groups located at different places, ensuring at all times that the parties may discuss with each other and upholding at all times the right of defence, all of which in the terms provided by the judge or the court. In these cases, the court clerk of the court which agreed on that system will certify from the seat of the court itself the identity of the persons who are to take part by means of videoconference either by prior submission or exhibition of documents, or because the persons appearing before the court are personally known to him, or by any other suitable procedural system. If the videoconfere is conducted by the Prosecutor it's the prosecutor who made the identification of the witness

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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