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

Enforcement of a Financial Penalty (902)

1. MEASURE IMPLEMENTATION

Испания

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

Yes, it is possible. Act 23/2014, 22014, of 20 November 2014, on mutual recognition of judicial decision in criminal matters in the European Union, refers to this measure in its Title IX (article 173 to 185).

2. LEGAL FRAMEWORK

Испания

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

3. COMPETENT AUTHORITY TO:

Испания

* receive the request/decision for judicial cooperation

The request should be sent to the Criminal Judge ( see Judicial Atlas)

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

Act 23/2014, art. 174. 2. The competent authority to recognise and execute the decision by which the payment of a financial penalty is required is: a) Mainly, the criminal judge of the place of residence of the sentenced person or in where the place of business is located if he/she is a legal person. b) Secondarily, the criminal judge of the location of any of the immovable property of the physical or legal person sentenced to pay fine.c) Finally, the criminal judge of the location of any of the sources of income of the sentenced person in Spain.The change in any of these circumstances by transfer of residence of the sentenced person or his/her place of business, sale of the property or change in their sources of income, does not imply a sudden loss of jurisdiction of the criminal judge who had agreed the recognition and the implementation of the decision by which a payment of a financial penalty transmitted to Spain is required. In the case in which a same certificate refers to several persons and one of them meets any of the requirements set forth in this section, the competent criminal judge will take the enforcement in relation to all sentenced persons, unless it is necessary to divide a single decision that required the payment of a financial penalty on several.

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)

Act 23/2014. Article 181.2 The criminal judge, after hearing the Public Prosecutor’s Office within the period of five days, will take a decision on the enforcement of financial penalties within a maximum period of five days from its reception.

6. CONCISE LEGAL PRACTICAL INFORMATION

Испания

a. Special requirements

Act 23/2014. Article 182. The competent criminal judge shall refuse the recognition and the enforcement of judgments requiring the payment of a financial penalty, besides in the case of articles 32 and 33, in the following cases: a) When the decision would punish a natural person which, because of his/her age, would not have been able to be held liable criminal in accordance with Spanish legislation.b) When, according to the certificate, in case of writing procedure, he/she has not been informed of his/her right to challenge the decision and the periods for file of the aforementioned appeal. c) When, according to the certificate, the accused has not been informed personally or by his/her representative of his/her right to challenge the judgment and the periods to lodge the aforementioned appeal. d) When the financial penalty is less than 70 Euros or an equal amount in another currency. e) When, from the certificate and the communicated decision for its execution, is evidenced that there has been a breach of the fundamental rights and the legal principles as enshrined in Article 6 of the European Union Treaty and reflected in the Charter of Fundamental Rights of the European Union. f) When the decision is referred to facts committed out the issuing State and the Spanish law does not allow the prosecution of those offences when they have occurred outside its territory. Art.32 grounds for refusal: 1. a) When it was ordered in Spain or in another State different form the issuing one a final, denunciatory or acquittal decision, against the same person and in respect of the same facts, and its implementation would contravene the principle of non bis in idem in the terms provided by law and international conventions and treaties to which Spain is a party and even if the sentenced person had been subsequently pardoned; b) When the order or decision relates to acts for whose prosecution Spanish authorities are competent and, sentencing by a Spanish judicial authority had been issued, the penalty imposed had been affected by statute of limitations in accordance with Spanish law; c) When the form or certificate which must accompany the application for the adoption of measures is incomplete or manifestly wrong or does not correspond to the measure, or if the certificate is missing, notwithstanding the provisions of Article 19; d) When there is an immunity that prevents the implementation of the decision. 2.The Spanish judicial authority may also refuse recognition and enforcement of a decision when it is imposed by an offence other than those governed by paragraph 1 of Article 20 that is not an offence under Spanish law. Art.33. Decision rendered in the absence of the person concerned.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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