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

Urmărire activă transfrontalieră (802)

1. MEASURE IMPLEMENTATION

Spania

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

Yes, it is possible but, prior authorisation is not required and due to its nature, it is a police cooperation measure. It authorises officers from one member state to pursue, within the territory of another member state, a perpetrator of any of the criminal offences specifically listed, if they are pursuing him or her in flagrante delicto or as a result of an escape across terrestrial borders. In Spain, the borders concerned are with France and Portugal, countries with which Spain has established, in the Instrument of Accession to the Convention Implementing the Schengen Agreement, specific declarations on the practical implementation of the measure and the conditions of this measure.

2. LEGAL FRAMEWORK

Spania

International legal framework applicable for this measure in your Member State

Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, on the Gradual Abolition of Checks at their Common Borders ("Schengen Implementation Agreement")19 June 1990 (article 41).

3. COMPETENT AUTHORITY TO:

Spania

* receive the request/decision for judicial cooperation

The request can be sent to the: a) 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)

Investigating Judge

4. ACCEPTED LANGUAGES

Spania

Accepted languages for the request/decision

N/A

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

According to Spanish Instrument of Accession to the Convention Implementing the Schengen Agreement [Instrumento de Ratificación del 23 de Julio de 1993 del Acuerdo de 25 de junio de 1991 de Adhesión del Reino de España al Convenio de Aplicación de 19 de junio de 1990 del Acuerdo de Schengen de 14 de junio de 1985. [BOE nº 81 de 5/4/1994],the law enforcement agents referred in Art. 41 of the Schengen Implementation Agreement are the National Police, The Civil Guard when they are acting as judicial police. Also customer’s office when they are acting as judicial police in cases of illicit traffic of drugs, weapons, and explosives, and illicit transportation of toxic and dangerous substances.

b. Other useful information

The Authority referred in Art. 40 is in Spain the General Directorate of the Police.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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