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Fiches Belges: Hiszpania

European Arrest Warrant (901)



Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is possible. Act 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 II (articles 34 to 62).



International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States



* receive the request/decision for judicial cooperation

The request should be sent to the Dean Central Judge´s Office or the Special Office to allocate cases, which are called: Oficina Decanato de los Juzgados Centrales / Servicio Común para su registro y reparto a los Juzgados de Centrales de Instrucción Nevertheless, the wording of art.16.2 Act 23/2014 should be highlighted: "the decision that declares that the judicial authority that has received the order lacks jurisdiction to execute must also resolve its immediate submission to the judicial authority understood to have jurisdiction, notifying the Public Prosecutor and the judicial authority of the issuing State of that decision".

* execute/recognise the measure (if other than the receiving authority)

Act 23/2014. Article 35.2. The Central Investigating Judge at the National High Court is the competent judicial authority to execute the European arrest warrant . When the order relates to a young offender the competence will correspond to the Central Juvenile Judge. Within the deadlines, a remedy of appeal may be filed against that order directly before the Criminal Chamber of the National High Court, under the terms set forth in the Criminal Procedure Act, which shall have preferential status



Accepted languages for the request/decision

The only accepted language is Spanish.



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

Act 23/2014. Article 54. The European arrest warrant will be executed as a matter of urgency. If the requested person consents the surrender, the court decision shall be made within ten days of the conclusion of the hearing. If not, the maximum limit for making a final decision shall be sixty days since the arrest has occurred.When there are reasonable grounds, this period may be extended for another thirty days.



a. Special requirements

Art. 48. Grounds for refusal. The Spanish executing judicial authority shall refuse the execution of the European arrest warrant, in addition to the cases provided for in Articles 32 and 33, in the following cases:a) When the requested person has been pardoned in Spain of the penalty imposed by the same facts on which the European arrest warrant is founded and it was prosecuted by the Spanish jurisdiction.b) When the free stay in Spain for the same acts has been agreed.c) When on the person who is the subject of the European arrest warrant has gone, in another Member State of the European Union, a final decision on the same facts that definitely prevents further criminal proceedings. d) When the person who is the subject of the European arrest warrant has been finally judged by the same facts in a third non-member State of the European Union, provided that in the event of sentence, the sanction has been served or is in those moments being implemented or not longer be enforced under the law of the sentencing State.e) When the person who is the subject of the European arrest warrant still cannot be, because of his/her age, considered criminally responsible for the acts on which the order is based, in accordance with Spanish law. 2.The Spanish executing judicial authority may refuse the execution of the European arrest warrant, in the following cases:a) When the person who is the subject of the European arrest warrant is subject to criminal proceedings in Spain for the same act that led to the European arrest warrant.b) When the European arrest warrant has been issued for the purpose of executing a sentence or measure involving deprivation being the requested person a Spanish citisen, unless it consents to fulfil the same in the issuing State. Otherwise, the sentence must be served in Spain.c) When the European arrest warrant relates to acts which have been committed outside the issuing State and the Spanish law does not allow prosecution of such offences when committed outside its territory. Art.32 grounds for refusal: 1. a) When it was ordered in Spain or in another State different form the issuing one a final, denunciatory or acquittal decision, against the same person and in respect of the same facts, and its implementation would contravene the principle of non bis in idem in the terms provided by law and international conventions and treaties to which Spain is a party and even if the sentenced person had been subsequently pardoned; b) When the order or decision relates to acts for whose prosecution Spanish authorities are competent and, sentencing by a Spanish judicial authority had been issued, the penalty imposed had been affected by statute of limitations in accordance with Spanish law; c) When the form or certificate which must accompany the application for the adoption of measures is incomplete or manifestly wrong or does not correspond to the measure, or if the certificate is missing, notwithstanding the provisions of Article 19; d) When there is an immunity that prevents the implementation of the decision. 2.The Spanish judicial authority may also refuse recognition and enforcement of a decision when it is imposed by an offence other than those governed by paragraph 1 of Article 20 that is not an offence under Spanish law. Art.33. Decision rendered in the absence of the person concerned.

b. Other useful information

Act 23/2014. Article 55. 1. When the offence on which the European arrest warrant is based is punished with a sentence or a security measure involving deprivation of liberty for life, the implementation of the European arrest warrant by the Spanish judicial authority shall be subject to the condition that the issuing Member State has provisions in its legislation for a review of the sentence or the application of clemency measures to which the person is entitled in view of the non-implementation of the penalty or measure. 2. Also, when the person who is the subject of the European arrest warrant for the purpose of criminal prosecution has a Spanish nationality or is resident in Spain, the surrender may be dependent, after a hearing, on the condition that he/she will be returned to Spain.

Last reviewed on 6 lipiec 2016 by Sekretariat EJN

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