Fiches Belges: España
Infiltración de agentes secretos del Estado solicitado (201) 1. MEASURE IMPLEMENTATION |
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 |
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: |
* 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 |
Accepted languages for the request/decision | The only accepted language is Spanish. |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
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. |
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