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 articles 456-485.

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. European Convention on Mutual Assistance in Criminal Matters of 1959

* receive the request/decision for judicial cooperation

The request should be sent to the Public Prosecutor Service or the investigation judge.

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

Public Prosecutor Service or Investigating Judge

Accepted languages for the request/decision

The only accepted language is Spanish.

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

There is not deadline.

a. Special requirements

N/A

b. Other useful information

The expert report consists of three different parts: carrying out technical or scientific acts or studies, drawing up the expert report and the expert report in the oral proceedings. The first part called "recognition" in the Law on Criminal Procedure, normally takes place in the investigation stage and may give rise to pre-constituted proof; for this reason, the law provides that at this stage the parties may, at their expenses, appoint an expert to take part in this operation. As a consequence of this "recognition" the experts, after deliberation, draw up a report which is attached to the case documents.