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

Accesul la documente publice conţinute în dosare judiciare (404)

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 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 in a judicial file.

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 Legal Assistance shall be sent to the: a) Public Prosecutor Service; b) Judge or Court responsible for the judicial file where the relevant document is available. The request for mutual recognition should be sent to the Public Prosecutor Service.

* 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) the judge of court responsible for the judicial file where the relevant document is available.

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 it 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.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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