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 Custodial Sentence (903)

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 III (article 63 to 92).

2. LEGAL FRAMEWORK

Испания

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union.

3. COMPETENT AUTHORITY TO:

Испания

* receive the request/decision for judicial cooperation

The request should be sent to the DeanCentral Judge´s Office or the Special Office to allocate cases, which are called: Oficina Decanato de los Juzgados / Servicio Común para su registro y reparto al Juzgado Central de lo Penal. Nevertheless, the wording of art.16.2 Act 23/2014 should be highlighted: "the decision that declares that the judicial authority that has received the order lacks jurisdiction to execute must also resolve its immediate submission to the judicial authority understood to have jurisdiction, notifying the Public Prosecutor and the judicial authority of the issuing State of that decision".

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

Act 23/2014. Art. 64.2. The Central Criminal Judge shall be the competent authority to recognise and agree on the enforcement of a judgment by which a penalty or custodial measure is imposed. The Central Penitentiary Surveillance Judge shall be competent to carry out the implementation thereof. When the decision relates to a measure of closed detention of a young offender the competence corresponds to the Central Juvenile 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)

Act 23/2014. Art. 81.3 The Central Criminal Judge shall decide within ten days after hearing the Public Prosecutor. In any case, within ninety days the reasoned order which recognises or refuses the implementation should be final and shall be sent, where appropriate, to the Central Surveillance Judge for the custodial sentence or measure to be executed.

6. CONCISE LEGAL PRACTICAL INFORMATION

Испания

a. Special requirements

Art. 85. 1. The Central Criminal Judge shall deny the recognition and enforcement of the decision by which a custodial sentence or measure is imposed, in addition to the cases provided for in Articles 32 and 33, in the following cases: a) Where by reason of age, the sentenced person would not have been held criminally responsible for the motivating facts of conviction, according to Spanish criminal law. b) Where the competent Spanish judicial authority finds that, at the time of receiving the decision of conviction, the part of the sentence to be served is less than six months. c) When, notwithstanding the provisions of Article 81, the transmitted decision imposes a custodial measure that does not prove enforceable according to Spanish law. d) When, before deciding on the recognition and enforcement of the condemning decision, the Central Criminal Judge submits an application for the person concerned to be prosecuted, sentenced or detained in Spain for an offence committed prior to transfer and different from which had reasoned it, and the competent authority of the issuing State does not consent. e) When the requirements for the transmission of a decision establishing a custodial sentence or measure are not met. 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 prescribed 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

Article 77. Requirements for the recognition and enforcement in Spain of a decision that imposes a custodial sentence or measure. 1. The Central Criminal Judge shall recognise the decisions by which sentences or custodial measures transmitted by other Member States of the European Union are imposed when this provides the social rehabilitation of the sentenced person and any of the following conditions is given: a) That the sentenced person is Spanish and resides in our country. b) That the sentenced person is Spanish and will be deported to Spain for that sentence. c) Even though these conditions are not met, if the Central Criminal Judge has consented the implementation of the judgment in Spain unless, under the statements made by the Spanish State, the consent is not necessary.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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