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

European Protection Order (906)

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 VI (article 130 to 142).

2. LEGAL FRAMEWORK

Испания

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

3. COMPETENT AUTHORITY TO:

Испания

* receive the request/decision for judicial cooperation

The request should be sent to the Dean 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. 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)

Art. 131.2 Act 23/2014: The competent authority are the Investigating Judge or the Gender Violence Judge (depending on the kind of offence) of the judicial district where the victim resides or intends to reside. Notwithstanding this, when a probation decision or alternative measures to provisional detention have been issued, the competent authorities to recognise and execute the European Protection Order shall be the same Judge or Court that has already recognised and executed such decisions.

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)

Art. 138 Act 23/2014: the European Protection Order shall be recognised without delay as having the same priority as these measures have under Spanish Law. It is mandatory to hear the Public Prosecutor within the term of three days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Испания

a. Special requirements

Act 23/2014: Art. 140.1 The Spanish judicial authority will refuse the recognition of a European protection order if any of the provided reasons in article 32 concur with any of the following circumstances: a) That the decision does not refer to any of the provided measures in this title. b) That the protection measure refers to a fact which is not a criminal offence under Spanish law. c) That the protection results from a sentence or a measure that, pursuant to the Spanish law, has been object of pardon and corresponds to a fact or behaviour in which presents competence. d) That, pursuant to the Spanish Law, the individual causing the danger can be criminally responsible of the fact or behaviour which has provoked the adoption of a protection measure because of his/her age. Art.32 Mandatory grounds for not recognition: 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.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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