Fichas Belgas
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: España

Infiltración de agentes secretos del Estado solicitado (201)

1. MEASURE IMPLEMENTATION

España

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).

2. LEGAL FRAMEWORK

España

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

3. COMPETENT AUTHORITY TO:

España

* receive the request/decision for judicial cooperation

The request shall be sent to the: a) Public Prosecutor Service or b) Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence (see Judicial Atlas).

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

Public Prosecutor Service and Investigating Judge/ Central Investigating Judge

4. ACCEPTED LANGUAGES

España

Accepted languages for the request/decision

The only accepted language is Spanish.

5. EXECUTION DEADLINE

España

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

España

a. Special requirements

If the the actions of the undercover agent affect fundamental rights he/she shall request judicial authorization from the competent Investigating Judge/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.

Last reviewed on 6 julio 2016 by Secretariado de la RJE
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