Fiches Belges
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: Hiszpania

Inwazyjne przeszukanie osoby (302)

1. MEASURE IMPLEMENTATION

Hiszpania

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.

2. LEGAL FRAMEWORK

Hiszpania

International legal framework applicable for this measure in your Member State

N/A

3. COMPETENT AUTHORITY TO:

Hiszpania

* 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

4. ACCEPTED LANGUAGES

Hiszpania

Accepted languages for the request/decision

The only accepted language is Spanish.

5. EXECUTION DEADLINE

Hiszpania

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

There is not deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Hiszpania

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.

Last reviewed on 6 lipiec 2016 by Sekretariat EJN
  • ® 2021 EJN. All Rights Reserved