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

Sechestrul de bunuri (501)

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 freezing orders (Title VII, articles 143 a 156).

2. LEGAL FRAMEWORK

Spania

International legal framework applicable for this measure in your Member State

MUTUAL RECOGNITION: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; MUTUAL LEGAL ASSISTANCE: Council of Europe conventions: 2005 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism and 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.

3. COMPETENT AUTHORITY TO:

Spania

* receive the request/decision for judicial cooperation

MUTUAL RECOGNITION: The request can be sent to the: a) Public Prosecutor Service if the request refers to securing evidence; or b) Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence (see Judicial Atlas). MUTUAL LEGAL ASSISTANCE: The request can be sent to the: a) Public Prosecutor Service if the request refers to securing evidence; or b) 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)

MUTUAL RECOGNITION: The request can be executed by the: a) Public Prosecutor Service if the request refers to securing evidence; or b) Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence. MUTUAL LEGAL ASSISTANCE: The request can be executed by the: a) Public Prosecutor Service if the request refers to securing evidence; or b) Investigating Judge or the 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 151. The decision of executing the decision may be adopted immediately and communicated without delay to the issuing judicial authority and to the Public Prosecution’s by any way that leaves a written record. The Spanish judicial authorities will adopt the decision 24 hours after the receipt. MUTUAL LEGAL ASSISTANCE: There is not deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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