Fiches Belges

It is possible for the Spanish judicial authorities to share in advance relevant information relating to criminal offences without the need for a MLA request or a EIO though there is no specific provision in the Criminal Procedural Code on the basis of Article 46 of the Schengen Implementation Convention Agreement (CISA) -police cooperation- and Law 10/2010 implementing the 3rd AML Directive and at a judicial level on the basis of art. 7 2000 EUMLA.convention adnart 11 of the CoE 2001 2nd Protocol

-International legal framework applicable for this measure in your Member State -Legal Basis:EU MLA Convention 2000 (Art. 7); -non-EU countries - Art 11 of CoE Second Additional Protocol to the European Convention on MLA (2001)

* receive the request/decision for judicial cooperation Public Prosecutors and/or the Investigating Judge/Central Investigating Judge in there respective investigations/proceedings * execute/recognise the measure (if other than the receiving authority) Public Prosecutors and/or the Investigating Judge/Central Investigating Judge in there respective investigations/proceedings

The language regime is flexible and urgent information could be exchanged in EN despite of a later translation when the source of information is incorporated to the judicial file

There is not a deadline

a. Special requirements Conditions may be attached to the use of information provided and the receiving authority is bound by those conditions Whether the information triggers a national investigation the source should be disclosure in accordance with the adversarial principle and the right of defence. b. Other useful information The information provided could be formally requested in order to be use as evidence by the receiving Spanish authorities by mean of a MLA request or a EIO