Fiches Belges

Investigated or accussed persons are not allowed to be interrogated unless they have previously showed their consent. The appearance of whoever must intervene in any kind of criminal proceedings via videoconference as a result of a previous judicial decision. These proceedings may be conducted by videoconference or any other similar system which allows for two-way communication and simultaneous relay of sound and image providing visual, hearing and verbal interaction between persons or groups located at different places, ensuring at all times that the parties may discuss with each other and upholding at all times the right of defence, all of which in the terms provided by the judge or the court. In these cases, the judicial or clerk counselor of the court which agreed on that system will certify from the seat of the court itself the identity of the persons who are to take part by means of videoconference either by prior submission or exhibition of documents, or because the persons appearing before the court are personally known to him, or by any other suitable procedural system. If the videoconfere is conducted by the Prosecutor it's the prosecutor who made the identification of the witness. Spanish Judicial Authority shall be present during the interrogation and shall provide with protective meassures when necessary. Witnesses or whoever must intervine will be provided with an interpreter when needed and will be informed about their rights and duties: They will be informed about their rights according to both , Spanish legislation and issuing state legislation.The witness will be taken oath or promise to tell the truth and will be informed of the consequences in case they don’t. The judicial clerk or counselor will draw up a record containing the date, place, identitity of intervening people, oaths sworen and technical circumstances.

-International legal framework applicable for this measure in your Member State -Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters -Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.

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 229.3 Organic Act 6/1985, 1st July, Spanish Judicary Act: -Article 216 Organic Act 23/2014, 21 November, Mutual Recognition of Judicial Decisions in Criminal Matters in the European Unions. -Articles 123, 306, 520 and 731, 1882 14th September, Criminal Procedure Act. -There are not different rules when cooperating outside of UE, only legal basis for this cooperation changes.