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

Ordin de a prezenta documente (402)

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 its article 575 and 578. In cases of mutual recognition the applicable law is Law 23/2014, of 20 November 2014, on mutual recognition of judicial decisions in criminal matters in the European Union, which regulates the European Evidence Warrants (Title X, articles 186 to 200) if the documents are existing at the Judge's or Prosecutor's disposal.

2. LEGAL FRAMEWORK

Spania

International legal framework applicable for this measure in your Member State

MUTUAL RECOGNITION: Council Framework Decision 2008/978 on European Evidence Warrant. MUTUAL LEGAL ASSISTANCE: 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 for mutual recognition should be sent to the Public Prosecutor Service. The request for mutual legal assistance should be sent to: a) the Public Prosecutor Service ; or b) Investigating Judge or 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)

MUTUAL RECOGNITION, EUROPEAN EVIDENCE WARRANT: The Public Prosecutor's Office is the competent authority for recognising and executing the European Evidence Warrant. Requests for mutual legal assistance can be executed by: a) the Public Prosecutor Service ; or b) Investigating Judge or Central Investigating Judge at the National Court, according to the scope of their respective objective competence.

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)

MUTUAL RECOGNITION: Act 23/2014. Article 196.5. The decision to recognise and execute the European Warrant or to deny recognition must be taken as soon as possible and at the latest within thirty days from receipt of the warrant in Spain. MUTUAL LEGAL ASSISTANCE: There is not deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

N/A

b. Other useful information

MUTUAL RECOGNITION. Act 23/2014. Article 197. The competent executing authority shall take possession of the objects, documents or information within a maximum period of sixty days counting from the day of receipt of the European Evidence Warrant. MUTUAL LEGAL ASSISTANCE: There is not a deadline. The change of the location of the objects, documents or information does not imply a sudden loss of jurisdiction. If the certificate had been issued in relation with various objects, documents or information located in different judicial districts, the public prosecutor or, in this case, the judge who receives it first and in whose district is at least one of these objects, documents or information shall be competent to deal with the request, including the rest of objects, documents or information.

Last reviewed on 6 iulie 2016 by Secretariatul RJE
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