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

Interceptarea poştei (104)

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 579-579bis. The investigation should concern one of the following criminal offences: a) Intentional crimes punished with a maximum of, at least, three years’ imprisonment sentence. b) Offences committed within a criminal group or organisation. c) Terrorist offences

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 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

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)

There is not deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

N/A

b. Other useful information

Art. 579.4. Criminal Procedural Code: No judicial authorization shall be required in the following cases: a) Postal consignments that, because of their external characteristics, are not usually used to contain individual correspondence but for freight traffic and transport, or those whose content is declared in the outside. b) Those other methods of dispatching correspondence under the legal format of open communication where an external declaration of its content is compulsory or those including express statement authorising its inspection. c) When the inspection is carried out in accordance with customs regulations or proceeds along the postal standards regulating a certain kind of consignment.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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