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

Audierea copiilor (705)

1. MEASURE IMPLEMENTATION

Spania

Is this measure possible in your Member State under International Judicial Cooperation?

The applicable law is the Criminal Procedural Act: article 433, 448. The evidence of the child must be taken in the presence of his or her representative or a member of the public prosecutor’s office. The judge may decide to carry out the hearing in a way avoinding direct visual contact between the child and the suspect or defendant.

2. LEGAL FRAMEWORK

Spania

International legal framework applicable for this measure in your Member State

N/A

3. COMPETENT AUTHORITY TO:

Spania

* receive the request/decision for judicial cooperation

The Public Prosecutor in case of minors being suspects/accused. The Public Prosecutor or the investigaciones judge in case of minors being witnesses or victims

* execute/recognise the measure (if other than the receiving authority)

The Public Prosecutor in case of minors being suspects/accused. The Public Prosecutor or the investigaciones judge in case of minors being witnesses or victims

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)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

Hearing minors as witnesses or victims in the course of the investigative phase a minor should be informed in a clear and understandable way ot he obligationto be truthful and of the consequences of not doing so: he can be accompanied by his/her legal representative and in addition by a person of his choice. In case of minors if particular circumstances so request the assistance of an expert ( psicologist) will be provides and, in case, its an investigation conducted by a judge the presence of a prosecutor is also mandatory. If the course of the trial, minors will be heard avoiding visual confrontation wiht the accused and preferably not being present in the court room ( videolink). Hearing minors as suspects or accused juvenil jurisdiction applies. In the course of the investigation phase the minor has to render testimony with the assistance and presence of his legal counsellor and his/her legal representative or de facto keeper or, lacking the latter, an additional prosecutor other than the one conducting the investigation. In the trial phase, court hearings might not be public media are not allowed to obtain neither broadcast images of the minor or data that might lead to his/her identification. Legislation on victims and witneses protection applies. The Directive 2012/29UE establishing minimum standars on the righst support and protection of victims of crime has been transposed into national law.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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