Fiches Belges

Witnesses are people summoned with the formalities prescribed by law and required to attend the court/prosecutor´s office to make an oral statement in order to give evidence. As a general rule, witnesses are obliged to testify, and their stament must be made orally and physically attending the judicial office. However, there are some exceptions: The following persons enjoy the privilege not to give evidence in the capacity of witnesses: Closest members of the Royal family, relatives of the suspect or defendant in direct ascending or descending lines; spouse, or person linked to the suspect/defendant by a relationship analogue to marriage; brothers or half-brothers and relatives linked by consanguinity until the second degree); -the defense lawyer of the suspect/defendant; -Translators and interpreters of conversations and communications in relation to the facts referred to them for translation or interpretation; Professionals covered by professional secrecy. Other people are allowed to testify in writing (highest posts in the Goverment, Parliament or Judiciary, article 412.2 Spanish Criminal Procedure Act) o in their own office, without attending the court (other members of the Goverment, the Parliament or the Judiciary, articule 412.5 Spanish Crimnal Procedure Act). On the other hand, the witness must be truthful and should be warned by the relevant judge that he/she could be prosecuted for an offence of false testimony in a criminal case if he/she fails to do so. No witness may be obligated to testify in a question whose answer may, matereally or morally and in a direct and significant manner prejudice either the persono r the fortune of any of close familt members. Witness of legal age will take an oath or promise to tell all they know with respect to the questions put to them An interpreter shall be appointed if the witness does not speak or understand the Spanish language. A sign inteperpreter shall be also provided if the witness is sensorially disabled. The letter of request should include a list of questions to be posed to the witness. The requesting judicial authority can be authorised to be present at the examination of the witness by the Spanish judicial authority.

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

The request should be sent to: Public Prosecutor Service.

The only accepted language is Spanish

-There is not deadline. -The decision to recognise and execute the European Investigation Order or, where applicable, to refuse to execute it shall be taken as soon as possible and at the latest within 30 days of its receipt by the competent authority. Where, in a specific case, the competent Spanish authority finds that the time limit for the recognition and enforcement of the order cannot be met, it shall inform the issuing authority without delay, giving the reasons and stating the estimated time needed to take the decision. In this case, the time limit for issuing the decision on recognition and enforcement may be extended up to a maximum of 30 days. The Spanish competent authority shall carry out the execution of the investigative measure without delay and at the latest within 90 days after the adoption of the decision on recognition and enforcement.

-Article 187 Organic Act 23/2014, 21 November, Mutual Recognition of Judicial Decisions in Criminal Matters in the European Unions. -Articles 410-450 and 449ter, 1882 14th September, Criminal Procedure Act. -Specify if the national rules are different in respect of cooperation within or outside of the EU. -There are not different rules when cooperating outside of UE, only legal basis for this cooperation changes.