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 cases of mutual recognition the applicable law is Law 23/2014, 22014, of 20 November 2014, on mutual recognition of judicial decision in criminal matters in the European Union, refers to this measure in its Title VII (article 143 to 156) but it is only applicable to mutual recognition instrument based on Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

International legal framework applicable for this measure in your Member State

MUTUAL RECOGNITION: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; MUTUAL LEGAL ASSISTANCE: European Union: 2001 Protocol to the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union. Council of Europe conventions: 2005 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism and 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime .

* receive the request/decision for judicial cooperation

MUTUAL RECOGNITION: The request can be sent to the Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence (see Judicial Atlas). MUTUAL LEGAL ASSISTANCE: The request can be sent to 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)

MUTUAL RECOGNITION: The request can be executed by the Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence. MUTUAL LEGAL ASSISTANCE: The request can be executed by the Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence.

Accepted languages for the request/decision

The only accepted language is Spanish.

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

MUTUAL RECOGNITION: Act 23/2014. Article 151. The decision to execute the decision may be adopted immediately and communicated without delay to the issuing judicial authority and to the Public Prosecution’s by any way that leaves a written record. The Spanish judicial authorities will adopt the decision 24 hours after the receipt. CONVENTION: There is not deadline.

a. Special requirements

N/A

b. Other useful information

N/A