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

Echipe comune de anchetă (805)

1. MEASURE IMPLEMENTATION

Spania

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

Yes, it is possible. Act 11/2003 of 21st May on joint investigation team within the European Union. The provisions of Spanish law are limited to establish a JIT only between Ms of the EU. A JIT with a trird country is only possible according by a bilateral agrremend or a multilateral convention.

2. LEGAL FRAMEWORK

Spania

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EuropeanUnion NU Conventions Viena, UNTOC, UNCAC. Convention on mutual assistance and cooperation between customs administration ( Naples II)

3. COMPETENT AUTHORITY TO:

Spania

* receive the request/decision for judicial cooperation

It depends the kind of JIT. It could be the Public Prosecutor Service or the Investigating Judge. Also, police JITs are envisaged in the Law. Without prejudice to offences of which the investigation falls within the competence of the Central Investigating Judges of the National Court. In this case, the authority competent to receive the request is the Special Office to allocate cases for Central Investigating Judges ( Servicio Común de Registro para el reparto entre los Juzgados Centrales de Instrucción). These offences are: - terrorism - offences against the high institutions and the form of government - counterfeit of legal tender and currency - serious fraud committed by criminal organisations - drug trafficking offences committed by criminal organisations

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

Public Prosecutor or Investigating Judges or Central Investigating Judges

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)

There is not deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

The Ministry of Justice is the competent authority to set up the JIT in those criminal cases not falling within the scope of competence of the National Court.

b. Other useful information

There is not limited list of crimes. This special investigation technique is used to combat organized crime like trafficking in drugs orhuman beings, terrorism, money laundering, fraud… -The request for an agreement to establish a JIT should contain, at least, certain elements: • Sufficient motivation of its necessity • Specified aims of the investigation • Proposal for the composition of the team • Powers of the team leader • The applicable legislation • The use of the obtained information during the investigations carried out by the team. - The JIT leader can be the Public Prosecutor during the investigation opened by the Public Prosecutor Office; or the Investigative Judge, and also the competent Investigative Judge together with the Public Prosecutor in charge with the case, when there is an opened investigation under the Investigative Judge. - When the JIT is closed, The Jits leaders should evaluate the performance of the JIT, results achieved, legal and practical issues encountered for the purpose of improving the efficiency of JITs. - Also, police JITs are envisaged in the Law when there is no a judicial investigation opened. In this case, the Ministry of the Interior is the competent authority to authorize the setting up of the “police” JIT. -All the practical information on JITs, and the evaluation form, can be consulted on www.eurojust.europa.eu

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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