Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

The Courts and Tribunals will order chemical analyses to be carried out solely in such cases as they consider it to be absolutely essential to the judicial investigation needed and correct administration of justice. • the rules to use the acquired information as an evidence For this purpose the Judge may decide to carry out such acts of bodily inspection, examination or intervention as are pertinent to the principles of proportionality and reasonableness. As long as there are proven reasons justifying it, the Examining Magistrate may agree, in a grounded decision, to obtaining such biological samples from the suspect as are essential to determine their DNA profile. For this purpose they may decide to carry out such acts of bodily inspection, examination or intervention as are pertinent to the principles of proportionality and reasonableness

Legal Framework

International legal framework applicable for this measure in your Member State

article 363 and 520.6 of Spanish Criminal Procedural Code;

Competent Authority

* receive the request/decision for judicial cooperation

Investigating Judge and Central Investigating Judge

Accepted languages

Accepted languages for the request/decision

Spanish

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

There is not a deadline for the execution of rogatory letters.

Concise legal practical information

Special requirements

-There are not different rules when cooperating outside of UE, only legal basis for this cooperation changes.

Last reviewed on 25 June 2022 by EJN Secretariat

NEXT MEASURE

  • Examination and identification (A.40-A.43)
  • A.41 Psychiatric medical examination
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