Fiches Belges

Where the crime being prosecuted has left material traces or evidence of its perpetration, the Examining Magistrate, or the one acting in their place, will order their collection and custody for the oral trial, if possible, and for this purpose make a visual inspection and a description of everything that may be related to the existence and nature of the event. Where fingerprints or traces are found to exist whose biological analysis may contribute to clarifying the event investigated, the Examining Magistrate will adopt, or order the Judiciary Police or forensic doctor to adopt, the measures needed so that the collection, custody and examination of such samples are verified under conditions which guarantee their authenticity. Where appropriate, for greater clarity or proof of the facts, a sufficiently detailed plan of the scene will be drawn up, or a portrait will be drawn of the persons subject to the crime, or the copy or design of their effects or instruments which may have been found. If a robbery, or any other crime committed by breaking and entering or with violence, the Examining Magistrate must describe the traces left and will consult the opinion of experts on the manner, instruments, means or time in which the crime was committed. Where no fingerprints or traces of the crime giving rise to the pre-trial proceedings remain, the Examining Magistrate will ascertain and record, if possible, whether the disappearance of material evidence has occurred naturally, coincidentally or intentionally, and the causes for it or the means that may have been used for it,immediately preceding to collect and include in the pre-trial proceedings such evidence of any kind as may be acquired regarding the perpetration of the crime. Where the crime is one where no traces of its perpetration are left, the Examining Magistrate will endeavour to record the execution of the crime and its circumstances by witness statements and other means of verification, along with the pre-existence of the thing where the purpose of the crime was its theft. All the legal measures Will be included in writing at the same time as the visual inspection and will be signed by the Examining Magistrate, the Prosecutor, if in attendance, and the Court Clerk and persons there present. If there is any person declared to be accused, they may witness them, on their own or assisted by the defence chosen by them or appointed ex officio, if they request to do so; one or the other may, during the act, make such observations as they deem appropriate, which will be placed on record if they are not accepted. For this purpose the Court Clerk will make the accused aware of the agreement relating to the practice of the legal measure as far in advance as its nature permits and that it will not be suspended if the accused or their defence do not appear. The same right applies to whoever is imprisoned as a result of these legal measures.

-The applicable law is the Criminal Procedural Act, which refers to this measure for national cases in articles 326 to 333. -Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters -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

• Receive the request/decision for judicial cooperation The Public Prosecutor Office (see Judicial Atlas) if it is an EIO, the competente Judge for DN and IRN. Execute/recognise the measure (if other than the receiving authority) As regards to incoming EIOs the Spanish Public Prosecutor is the new 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 As regards to MLA requests issued by DK or IE the receiving authorities could be either the Public Prosecutor or the Investigating Judge • * execute/recognise the measure (if other than the receiving authority) Investigating Judge or Central Investigating Judge according to their respective scope of objective competence In principle this is not an intrusive nor a coercive measure that requires a court authorization. Actually, no Court authorization is needed to execute it. This court decision would only be necessary to pre-constitute this investigative measure as evidence (Supreme Court sentence nº 747/2015). So, the Public Prosecutor of the territory where crime scene is placed could be the competent executing authority.

The only accepted language is Spanish.

-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.

-article 326 to 333 of Spanish Criminal Procedural Code; Article 186 et seq. of Law 23/2014 on mutual recognition of judicial decisions in criminal matters in the European Union -There are not different rules when cooperating outside of UE, only legal basis for this cooperation changes.