Fiches Belges

Documents: art.726 of Criminal act. The Court will itself examine the books, documents, papers and other pieces of evidence which may contribute to clarifying the investigated facts. Access to public documents in judicial files. The applicable law is the Criminal Procedural Act, which refers to this measure for national cases. In cases of mutual recognition the applicable law is Law 23/2014, of 20 November 2014, on mutual recognition of judicial decisions in criminal matters in the European Union, which regulates the European Investigation Order in Criminal Matters.

-Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters. -Regarding to EU MLA Convention 2000 (Art. 7); -Regarding non-EU countries - Art 11 of CoE Second Additional Protocol to the European Convention on MLA (2001). -Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union European Convention on Mutual Assistance in Criminal Matters of 1959.

Regarding to the access to public documents in judicial files * The competent authority to receive the request/decision for judicial cooperation Public Prosecution Services/ Investigating Judge/ Central Investigating Judge. As regards to incoming EIOs the Spanish Public Prosecutor is the new Spanish receiving authority or SpOC in accordance to Article 187 (2) of Law 23/2014 on mutual recognition of judicial decisions in criminal matters in the European Union as amended in 2018 for the implementation of the EIO 2014 Directive * The competent authority to execute/recognise the measure (if other than the receiving authority) Public Prosecutor/ Investigating Judge/ Central Investigating Judge. Related to the mutual Access of information: * receive the request/decision for judicial cooperation Public Prosecutor Service or the Investigating Judge/Central Investigating Judge.

Spanish

-Related to mutual recognition. According the Act 23/2014. Article 208 The decision to recognize and execute or to deny recognition it must be taken as soon as possible and at the latest within thirty days from receipt of the warrant in Spain. Related to mutual legal assistance: There is not deadline. -Related to the spontaneous exchange of information, there is not a deadline.

Special requirements according to the Act 23/2014. Article 211: Documents may be transferred immediately to the issuing authority. Related to spontaneous Exchange of information there are no special requirements.