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

Interception of telecommunication - Art. 18 (2) (b) of the MLA Convention (106)

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 article 588 ter.The investigation should concern one of the following criminal offences (article 588 ter a in relationship with article 579.1): 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)

Criminal Procedural Act. Article 588 bis c: 1. The investigating judge shall authorize or refuse the requested measure through a reasoned order, having heard the Public Prosecutor. This decision will be rendered within the twenty-four hours following the submission of the request. 2. Whenever it is necessary to rule on the compliance of some of the requirements, the investigating judge may require an extension or clarification of the request terms, interrupting thus the term referred to in the preceding subsection,.

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

Article 588 bis a. Guiding principles for gathering judicial authoritation regarding these measures. During the pre-trial investigation, some of the inquiry measures can be applied as long as it is through a judicial authorization fully abiding by the principles of speciality, suitability, exceptionality, necessity and proportionality of the measure. -The principle of speciality requires that a measure should be related to the investigation of a specific crime. Measures of technological investigation aiming at preventing or discovering offences or clearing up suspicions without an objective basis shall not be authorized. -The principle of suitability will define the objective and subjective scope and the duration of the measure according to its utility. -According to the principles of exceptionality and necessity, the measure can only be applied: a) when other measures less harmful for the basic rights of the investigated or accused person but equally useful for the clarification of the fact are not available, or b) when the discovery or the verification of the investigated fact, the identification of its perpetrator or perpetrators and their whereabouts, or the location of the effects of crime could be seriously hampered without resorting to this measure. -The investigation measures provided for in this chapter will only be deemed as proportional when, having considered all the circumstances of the case, the sacrifice of the involved rights and interests does not exceed the benefit resulting from its adoption to the public and third party interest. For the weighting of the conflicting interests, the assessment of the public interest will be based on the seriousness of the fact, its social significance or the technological field of production, the intensity of the existing pieces of circumstantial evidence and the relevance of the results pursued with the restriction of the right. KEY POINTS: 1) An investigation into a serious offence must exist; 2) There must be serious indications of the crime that justify implementation of the measure; 3) Agreement to the measure must be supported by reasons, taking into consideration the necessity and the scale of the operation; 4) The communications that are going to be subjected to the measure must be specified; 5) The term of the measure must be specified

b. Other useful information

Article 588 ter f. Control of the measure. In compliance with the provisions of Article 588 bis g, the Judicial Police will put at the disposal of the judge, with the frequency determined by the latter and on different digital carriers, the transcription of the passages deemed of interest and the complete recordings made. The source and destination of each of them shall be indicated and it shall be secured by means of a system of stamping or advanced electronic signature or a sufficiently reliable certification system, the authenticity and integrity of the information transferred from the central computer to the digital carriers on which the communications would have been recorded.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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