Fiches Belges: Spain

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

Yes, it is possible. The applicable law is the Criminal Procedural Act, which refers to this measure for national cases in article 282 bis. This measure can only be authorised for a specific kind of offences listed in article 282.bis.4 (offences related with organised criminality).

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

The request shall be sent to the: a) the Public Prosecutor Service at the National Court; or b) the Central Investigating Judge at the National Court (see Judicial Atlas).

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

Public Prosecutor Service at the National Court and Central Investigating Judge at the National Court.

Accepted languages for the request/decision

The only accepted language is Spanish.

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

N/A

a. Special requirements

If the the actions of the undercover agent affect fundamental rights he/she shall request judicial authorization from the competent Central Investigating Judge (art.282.bis.3). Under the Spanish relevant legislation only judicial police officers (Spanish nationals or foreigners) can be authorised to act in the capacity of undercover agents.

b. Other useful information

It is suggested to contact the relevant Undercover Agent Police Units (from Policia Nacional or Guardia Civil) before issuing any letter of request in order to ensure a better coordination.