Fiches Belges
Measure Implementation
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Execute/recognise measure

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Legal info
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Fiches Belges: Spania

Execution of a Supervision Measure (905)

1. MEASURE IMPLEMENTATION

Spania

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

Yes, it is possible. Act 23/2014, 22014, of 20 November 2014, on mutual recognition of judicial decision in criminal matters in the European Union, refers to this measure in its Title V (article 109 to 129).

2. LEGAL FRAMEWORK

Spania

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

3. COMPETENT AUTHORITY TO:

Spania

* receive the request/decision for judicial cooperation

The request should be sent to the Dean Central Judge´s Office or the Special Office to allocate cases, which are called: Oficina Decanato de los Juzgados / Servicio Común para su registro y reparto al Juzgado Central de lo Penal. Nevertheless, the wording of art.16.2 Act 23/2014 should be highlighted: "the decision that declares that the judicial authority that has received the order lacks jurisdiction to execute must also resolve its immediate submission to the judicial authority understood to have jurisdiction, notifying the Public Prosecutor and the judicial authority of the issuing State of that decision".

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

Act 23/2014, article 111.2: The Investigating Judge and the Gender Violence Judge (regarding the crimes within his/her scope of competence) of the judicial district where the suspect/accused has established his/her residence, are competent authorities for recognizing and executing these supervision measures.

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)

Act 23/2014. Article 122: the shortest time possible. The maximum period for this decision will be twenty working days, except in the case in which the competent Judge informs the issuing authority about the inability to respect this maximum period, communicating the reasons of the delay and the new period considered necessary.

6. CONCISE LEGAL PRACTICAL INFORMATION

Spania

a. Special requirements

Grounds for refusal. Art. 124. The Judge will refuse the recognition - in addition to the cases of the subparagraphs 1 and 2 of the article 32- in the following cases: a) When, because of their age, the accused cannot be considered criminally responsible of the facts in which the decision is based, according to the Spanish Criminal Law.b) When the requirements for the transmission are not satisfied. c) When, in the case in which the accused breaches the supervision measures, the Judge is obliged to refuse the surrender in accordance with the European arrest warrant. Art.32 Other grounds for refusal: 1. a) When it was ordered in Spain or in another State different from the issuing one a final, denunciatory or acquittal decision, against the same person and in respect of the same facts, and its implementation would contravene the principle of non bis in idem in the terms provided by law and international conventions and treaties to which Spain is a party and even if the sentenced person had been subsequently pardoned; b) When the order or decision relates to acts for whose prosecution Spanish authorities are competent and, sentencing by a Spanish judicial authority had been issued, the penalty imposed had prescribed in accordance with Spanish law; c) When the form or certificate which must accompany the application for the adoption of measures is incomplete or manifestly wrong or does not correspond to the measure, or if the certificate is missing, notwithstanding the provisions of Article 19; d) When there is an immunity that prevents the implementation of the decision. 2. The Spanish judicial authority may also refuse recognition and enforcement of a decision when it is imposed by an offence other than those governed by paragraph 1 of Article 20 that is not an offence under Spanish law

b. Other useful information

Art. 121. Execution will require one of these circumstances: a) The accused has his/her legal and habitual residence in Spain; he/she has been informed about the measures and wants to return to Spain. b) The Spanish competent authorities consent the transfer of the decision on supervision measures for executing them in Spain when the accused has applied for it in the issuing State.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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