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: Spania

Urmărirea telecomunicaţiilor (102)

1. MEASURE IMPLEMENTATION

Spania

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 articles 588 ter K, 588 ter l and 588 ter m. According to Article 588 ter l, Identification of terminals through capturing identification codes of the device or of its components: As long as within the investigation framework, it had not been possible to obtain a certain subscriber’s number and this were indispensable for the purposes of the inquiry, the Judicial Police officers may use technical devices that allow to access the knowledge of the identification codes or technical labels of the telecommunication apparatus or of some of its components such as IMSI or IMEI number and, in general, of any technical means which, according to the state of technology, is suitable to identify the communication equipment used or the card used to access the telecommunications network. Once the codes allowing the identification of the device or of some of its components have been obtained, the Judicial Police officers may request the competent Investiganting Judge the communications intervention.

2. LEGAL FRAMEWORK

Spania

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

3. COMPETENT AUTHORITY TO:

Spania

* receive the request/decision for judicial cooperation

The request shall be sent to Public Prosecutor Service if the only purpose is to find out the ownership of a phone number or of any other communication means or require the telephone number or the identifying data of any communication means from the providers of telecommunication services, of access to a telecommunications network or of services of the information company. For other cases, 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/ Public Prosecutor if only the identification of the owner is needed.

4. ACCEPTED LANGUAGES

Spania

Accepted languages for the request/decision

The only accepted language is Spanish.

5. EXECUTION DEADLINE

Spania

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

N/A

b. Other useful information

Article 588 ter k. Identification through IP number. When in the performance of the duties of prevention and discovery of crimes committed on the internet, the Judicial Police officers had access to an IP address that was being used for committing some crime, and the identification and location of the equipment or the connectivity device or the user’s personal identification data would not be recorded, they will require the Investigating Judge to request the agents subject to the duty of collaboration the transfer of data allowing the identification and location of the terminal or the connectivity device and the identification of the suspect.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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