Fiches Belges

Technical examination done by a forensic Doctor of the mental ability of a person. You should indicate the reason why the measure is taken. • the rules to use the acquired information as evidence: If the Judge notices that the accused shows signs of mental derangement, they will immediately submit them to observation by the Forensic doctors in the establishment where they are a prisoner, or in a public one, if more appropriate, or they are at liberty. The Doctors will, in this case, give their report in the manner provided for in the Law.

article 381 of Spanish Criminal Procedural Code;

Public Prosecutor or Investigative Judge The request shall be sent in the case of EIO to the Public Prosecutor Office. In the case of a letter of request ( DNK or IE ): a) Public Prosecutor Service; or b) Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence.

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.

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