Fiches Belges

:The issuing authority may issue an EIO in order to take any meassure with a view of provisionally prevent the destruction, transportation, removal, transfer or disposal of any item that may be used as evidence. The issuing state shall indicate whether the evidence is to be transferred to the issuing state or is to remain in the executing state. The issuing state shall indicate the day of lifting the provisional meassure, or the estimated date for the submission of the request for the evidence to be transferred to the issuing state. The issuing authority may decide to lift the meassure any time. Please indicate: • time-limits necessary to freeze the evidence: the competent executing authority shall take a decision within 24 hours from the moment of receipt. After consulting the issuing authority the executing authority may, in accordance with spanish law, lay down appropriate conditions in light of the circumstancies of the case to limit the period for which the provisional meassure is to be manteined.If, in accordance with this conditions, it envisages lifting the provisional meassure, the executing authority shall inform the issuing authority, which shall be given the opportunity to submit its comments. The issuing authority shall forthwith notify the executing authority that the provisional meassure has been lifted. • scope of items that may be frozen: Any kind of items, material or inmaterial, properties, objects, documents …. and in general any item that may be used as evidence. • special requirements regarding the transfer of evidence. The documents, data,items...obteined shall inmediately be transferrd to the issuing state . If it is requested that these be returned to Spain as soon as they cease to be needed by the competent authority of the issuing state , this shall be indicated. In case that it had been authorized the attendance of authorithies of the issuing state to the execution of the meassure and if it is expressly demanded in the EIO , the evidence obtained may be transferred inmediately by them.

Act 23/2014 of 20 November of mutual recognition of criminal decition in European Union (art.223)

-receive the request/decision for judicial cooperation The Prosecutor's Office in the case of EIO (see atlas) and in all other cases the Prosecutor's Office or the competent judge. -execute/recognise the measure (if other than the receiving authority) Investigating Judge and Central Investigating Judge

Spanish

Article 223. Execution of a European Investigation Order to take measures to secure evidence or to take investigative measures in relation to the means of evidence. The Spanish authority competent for the recognition and execution of a European Investigation Order requesting a precautionary measure to preserve evidence shall communicate its decision to the issuing authority within 24 hours of receipt of the order.

-The applicable law is the Criminal Procedural Act, which refers to this measure for national cases in article 334, Law 23/2014 of 20 November on the mutual recognition of criminal decisions in the European Union article 223 about EIO.