Fiches Belges: 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 363. Proporionality check is mandatory.

International legal framework applicable for this measure in your Member State

N/A

* receive the request/decision for judicial cooperation

The competent judicial authority is the 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)

Investigating Judge and Central 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

Article 520.6 specially mentions that the Investigating Judge can order the use of coercitive measures to gather the DNA samples.