Fiches Belges
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Execute/recognise measure

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Fiches Belges: Испания

Probation measures (904)



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 IV (article 93 to 108).



International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions



* receive the request/decision for judicial cooperation

The request should be sent to the Dean Central 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. 95.2. The competent authority is the Central Criminal Judge. The Central Juvenile Judge shall be competent when the transmitted probation decision refers to a young offender.



Accepted languages for the request/decision

The only accepted language is Spanish.



Deadlines for the execution of the request/decision (where applicable)

Act 23/2014. Art. 103.3: within sixty days of the receipt in Spain of the probation decision, the Judge must issue a reasoned order recognizing or denying execution. In exceptional circumstances where that term cannot be met, the reasons and the estimated period to resolve must be reported to the issuing authority.



a. Special requirements

Refusal of the recognition. Article 105.1. In addition to the cases of 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 facts on which the judgment is based according to Spanish criminal law, b) When the duration of the probation measure or alternative sanction is less than six months, c) When the judgment or, where applicable, the probation decision includes medical or therapeutic measures, according to Spanish law, the Central Criminal Judge cannot monitor, d) When the conditions for the transmission of a probation decision 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

Act 23/2014. Article 101.2: 2.  Judgments of probation can only be recognised: a) When the sentenced person is lawfully and habitually resident in Spain and when there is reliable evidence that he/she has returned to our country or has indicated its will to do so before the issuing authority. b) When, despite not having the sentenced person lawfully and ordinarily residence in Spain, their parents, children or siblings, or their spouse or attached thereto for connection of a similar nature do have it, for at least five years, provided that the sentenced person has obtained an employment contract or requested the compliance in Spain of the probation decision.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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