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

Трансгранично проследяване (чрез поставяне на сигнализиращо устройство на превозно средство или лице) (803)

1. MEASURE IMPLEMENTATION

Испания

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

Yes, it is possible. If the use of technical devices is required to track a person or a vehicle this measure is considered as a judicial measure. According to Art.588 quinquies b) of the Spanish Criminal Procedure Law, the use of technical media or devices for tracking and tracing, requires judicial authorization, in accordance with the following requirements: 1. It is necessary well-founded reasons based on need and provided that the measure is proportionate. 2. The authorisation must specify the item of technical media that is to be used. 3. The service providers, agents and persons referred to in Article 588 ter e) of the Spanish Criminal Procedure Laware required to provide the Judge, the Public Prosecutor’s Office and the officers of the Judicial Police designated to carry out the measure,with the assistance and collaboration required to facilitate the execution of the tracking orders.

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: 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)

Investigating Judge or Central Investigating Judge. In case of emergency when there are reasonable grounds for considering that the failure to immediately install the technical media or device for tracking and tracing is likely to frustrate the investigation, the Judicial Policemay carry out such installation and shall provide a report thereon as soon as possible and in any event within 24 hours to the court, which may confirm the measures implemented or order its immediate withdrawal. In this latter scenario, any information obtained from the device shall be excluded from the proceedings.

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 to make he decision buy according to article 588 quinquies c of the Criminal Procedural Code, the measure consisting in the use of tracing and tracking technical devices shall have a maximum duration of three months from the time of its authorisation. Exceptionally, the investigating judge may grant successive extensions for the same or for less time up to a maximum of eighteen months, should this be justified in view of the results obtained with the measure.

6. CONCISE LEGAL PRACTICAL INFORMATION

Испания

a. Special requirements

The Judicial Police shall deliver to the investigating judge the original carrier or certified electronic copies containing the information obtained whenever it is so requested by the investigating judge and, in any case, when investigations are over. The information obtained by means of tracing and tracking technical devices shallbe duly guarded in order to avoid ist misuse

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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