Measure Implementation

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

• rules for confrontation: In general terms, persons subject to hearing may be confronted for the purpose of explaining contradictions. Confrontation is considered as a special kind of hearing at which a confrontation takes place between the statements given by the various accused persons or by the various witnesses, or between the statements of the accused and the witnesses, so that, through the explanations given by both parties, the truth concerning a point of interest for the question relating to which the contradictory versions are assessed may be established. • special requirement: Confrontations will only be held where there is no other known manner of proving the existence of the crime of the guilt of any of the accused. Confrontations will not be held with witnesses who are minors, unless the Judge considers this to be essential and not adverse to the interests of such witnesses, having received an expert report beforehand. The suspect person who takes part in the confrontation has the right to be assisted by a defense lawyer in accordance with article 118 of the Spanish Criminal Procedure Code. The confrontation will be verified before the Judge, In the presence of the Court Clerck reading the statements made to the accused or witnesses between whom the act takes place and with the Judge asking the witnesses, having reminded them about their oath and the penalties for perjury, if they ratify them or if they have some change to make. The Judge will, immediately, express the discrepancies in such statements and will invite those in confrontation to come to agreement amongst themselves. Confrontations will not be held with witnesses who are minors, unless the Judge considers this to be essential and not adverse to the interests of such witnesses, having received an expert report beforehand. • rules for line - up(identification of the object (a person, picture, voice, etc.) during the interview/ special requirements: The eyewitness identification proceedings will be held by placing the person to be identified in front of the person who must confirm identification, making the former appear together with others with similar external appearances. In the presence of all of them, or from a point from which they cannot be seen, as the Judge deems most appropriate, the person who must make the identification will state if the person referred to in their statements is to be found in the parade or group and, if affirmative, will clearly and firmly identify them. The court record drawn up will record all the circumstances of the act, along with the names of all of those who formed part of the parade or group. • special requirements for line – up: Where there are several people who must identify one person, the procedure provided must be carried out separately for each one of them, and they may not communicate with each other until the last identification has been made. Where there are several people who must be identified by the same person, all of them may be identified in a single act. In addition, photo lineup measures during the investigation stage can be included in a EIO and should be executed with respect to procedural guaranteed including data protection legal regime.

Legal Framework

International legal framework applicable for this measure in your Member State

-Articles 451 to 455 and 729 in the Criminal Procedural Act.

Competent Authority

* receive the request/decision for judicial cooperation

Public Prosecutor Service

Accepted languages

Accepted languages for the request/decision

Spanish

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

-There is not a deadline for the execution of rogatory letters. -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.

Concise legal practical information

Special requirements

There are not different national rules in respect of cooperation within or outside of the EU.

Last reviewed on 25 June 2022 by EJN Secretariat

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