Fiches Belges: Spain

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

OJO: CLARIFY THE SCOPE OF THIS MEASURE!!!!!!!Yes, it is possible. The applicable law is the Criminal Procedural Act, which refers to this measure for national cases in articles 579-579bis. The investigation should concern one of the following criminal offences: a) Intentional crimes punished with a maximum of, at least, three years’ imprisonment sentence. b) Offences committed within a criminal group or organisation. c) Terrorist offences

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

* receive the request/decision for judicial cooperation

European Convention on Mutual Assistance in Criminal Matters of 1959

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

Investigating Judge and Central Investigating Judge

Accepted languages for the request/decision

The only accepted language is Spanish.

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

Art. 579.2. The Judge may agree, by order stating the reasons in support of his decision, and for a period of up to three months, renewable for equal or less periods up to a maximum of eighteen months, that postal and telegraphic communications of the person investigated are monitored, as well as the communications serving to commit his/her criminal purposes.

a. Special requirements

N/A

b. Other useful information

N/A