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. Summons can be conducted by any means such a service of certified letter, fax, telephone, etc. Nevertheless in order to establish autenticity of recipient summons must be served by the court clerk or a court assistant.

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 a) Public Prosecutor Service or b) the Dean Judge´s Office or the Special Office to allocate cases, which are called: Oficina Decanato / Servicio Común para su registro y reparto a los Juzgados de Instrucción

* 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

If the person summoned does not appear and does not provide a lawful reason for failing to appear, the summons to appear may be transformed into an arrest warrant. It should be noted that arrest for failing to appear is not automatic: depending on the offence of which the suspect has been accused, the judge assesses in each case the evidence against him, the risk of escape and other relevant factor.