Fiches Belges

Article 166 of Procedural criminal Act, according to this law all the acts of notification will be carried out under the direction of the Court Clerk. For service of notifications, the Court Clerk taking part in the case will draw up a writ which will contain: 1. Statement of the subject of the case and the names and surnames of those who are a party to it. 2. A verbatim copy of the decision which is to be notified. 3. The name and surnames of the person or persons who must be notified. 4. The date on which the writ is issued. 5. The signature of the Court Clerk. At the same time, a short note will be made on the court records of the issue of the writ and the Officer of the Chamber or Sheriff entrusted with its execution. In accordance with article 4 (5) of the Public Prosecutor Organic Statute (Law 50/1981) to perform its duties, the Public Prosecutor may serve procedural documents and authorities, officials, bodies or individuals be summoned or subpoenaed by the Prosecution Service in the exercise of the powers enumerated in the above mentioned law, including -art. 3 (15)- fostering and executing the international judicial assistance stipulated by law or in treaties or international conventions.

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.

* In order to receive the request/decision for judicial cooperation The request shall be sent to the: Investigating Judge or Central Investigating Judge at the National Court, according to the scope of their respective objective competence (see Judicial Atlas). When necessary, according to Art. 5 of the EUMLA 2000 Convention, the request can be also sent to the Public Prosecutor * In order to execute/recognise the measure (if other than the receiving authority) Investigating Judge/Central Investigating Judge

Spanish

-There is not a deadline.

Specify if the national rules are different in respect of cooperation within or outside of the EU. -According Spanish law this measure possible in Spain under International Judicial Cooperation the applicable law is the Criminal Procedural Act. Under the relevant provision of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (article 5.1) the sending and service of procedural should be done directly to the involved person. -In the case of non-EU countries it´forsees in the Art 15 and 16 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001). Special requirements Regarding to Service of procedural documents, there are not different rules when cooperating outside of UE, only legal basis for this cooperation changes.