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

Призоваване на заподозрени/обвиняеми лица: чрез видеоконферентна връзка (711)

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 The right of defense comprises counseling and assistance by a designated lawyer or a legal aid lawyer ( this assistances is mandatory whenever a statement is to be rendered by the defendant, irrespectively of his status as a person deprived of liberty or not) and the assistance of the lawyer cannot be waivered by the defendant

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 can be sent to the Public Prosecutor (Only in the investigation phase) or to the 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, Investigating Judge or Central Investigating Judges

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 or tribunal 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 are personally known to him or by any other suitable procedural system.

b. Other useful information

ll be informed without undue delay of the following rights: a) Right to be informed about facts attributed to the individual as well as about any relevant change produced in the object of the investigation and on facts alleged. This information shall be provided with a sufficient degree of detail for the effective exercise of the right to defence. b) Right to examine proceedings in due course to safeguard the right of defence and, in any case, before the person’s statement is taken. c) Right to act in the criminal process to exercise the right of defence in accordance with the law. d) Right to have a counsel of his choice, without prejudice of the provisions of Subsection 1 a) of the Article 527. e) Right to apply for free legal aid, the procedure for doing so and conditions to obtain it. f) Right to free translation and interpretation as provided for in Articles 123 and 127. g) Right to keep silent and not to make any statement if the person is unwilling to do so and not to answer any of the questions made. h) Right not to incriminate oneself or to confess guilt. The information referred to in this subsection shall be given in accessible and intelligible language. For these purposes, the information shall be adjusted to the age of the intended person, the maturity level, incapacity and any other personal circumstances resulting in a constraint of the capacity to understand the extent of the information provided. 2. The right to defence shall be exercised without restrictions other than those expressly established by law since the investigated criminal act has been charged until the penalty is extinguished. The right to defence includes the legal assistance by a counsel of free choice or, in his absence, of a duty counsel with whom the individual may contact and to meet privately, prior to make a statement before the police, the prosecutor or the judicial authority, without prejudice to the provisions under Article 527, right that he shall maintain in all statements and recognition proceedings, confrontations and reconstruction of facts. 3. In order to act in the process, the investigated persons shall be represented by solicitor and defended by lawyer, the latter being appointed ex officio when the persons themselves did not choose them and requested their appointment and, in any case, if they had no legal capacity to do so. In the event they did not appoint solicitor or lawyer, they should be requested to do so or those shall be appointed ex-officio whenever the investigated persons did not appoint them and the case would reach at a stage requiring the advice of legal counsels or when their action would be essential for lodging an appeal. 4. Any communication between the investigated person or accused and his lawyer shall remain confidential. 5. The admission of a report or complaint or any other procedural action resulting in the indictment against certain person or persons, shall be immediately notified to individuals allegedly responsible.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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