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 witness evidence in national cases in articles 410-450. The applicable legal regulation for hearing collaborators, whistleblowers and informants is the same that applies for witnesses.

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) Investigating Judge or 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 or Investigating Judge/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

No special regime other than that of witnesses apply to collaborators. The victims and witnesses protection programme is usually applied to these subjects: false or fake identity provided, real identity not to be disclosed, visual contact with defendant avoided, possibility to distort voice, etc.