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

Контролирани доставки (804)

1. MEASURE IMPLEMENTATION

Испания

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

Yes, it is possible. Is a technique regulated by art 263 bis of the Spanish Criminal Procedure Law. This provision allows illicit consignments of goods to leave, enter or move within Spanish territory without any intervention on the part of the authorities or their officers, but under their surveillance, in order to ascertain or identify the persons involved in the commission of an offence in relation to these consignments, and to lend help and assistance to foreign authorities for the same purposes. The law also permits the delivery of suspicious consignments without interference, as well as the opening of such consignments and the substitution of the illicit goods, often drugs, with another object, the repackaging of the goods (so that they appear as if they have not been tampered with) and their controlled delivery to their destination.

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. UN Conventions UNTOC, Viena, UNCAC

3. COMPETENT AUTHORITY TO:

Испания

* receive the request/decision for judicial cooperation

The request should be sent to a) Police; b) Public Prosecutor or c) Investigating Judges or central Invesgating Judges. ( See Judicial Atlas)

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

Police, Public Prosecutor, Investigating Judge or Central Investigating Judge. The heads of the Central Judicial Police shall report immediately to the the Public Prosecutor and, if judicial proceedings have been already initiated, to the competent 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

The measure is only intended for offences related to the trafficking of narcotic drugs, precursors, endangered species of plants or animals; counterfeit money; the possession, trafficking or storage of weapons, munitions or explosives; and for assets or earnings that are the subject of the money laundering.In practice, the following conditions must be fulfilled:  Guarantee of permanent surveillance on the transportation, and assurance that everything possible will be done to track down and bring to justice those responsible. The requesting Authority will undertake to seize the drugs and arrest all those involved, especially where there is a risk that the drugs may be stolen at any given moment of the operation.  Full information on the vehicle or means of transport which will be used for the operation (including the number plate).  Full information on those likely to drive the vehicles, especially the name to be used at the border crossing.  The date of likely arrival in Spain and the probable border crossing  The fullest information possible on the investigation so far in the requesting country.  If Spain is the final destination, it is important that information be supplied regarding the persons involved and the exact final destination.  Prior authorization from the countries through which the 'transportation under surveillance' will pass.  Precise information on additional facts which may emerge during the operation.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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