Fiches Belges

This measure implies the use of technical or scientific resources in order to obtain information that is useful to the investigation. There is a wide range of possible expert evaluations which may be necessary: fingerprinting, expert evaluations relating to weapons, medical and biological tests, etc.

The applicable law is the Criminal Procedural Act, which refers to this measure for national cases.

* receive the request/decision for judicial cooperation The Prosecutor's Office in the case of EIO (see atlas) and in the case of MLA the Public Prosecutor's Office or Investigating Judge. 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

The only accepted language is Spanish.

-There is not a deadline for the execution of rogatory letters or MLA. -The decision to recognise and execute the European Investigation Order (EIO) 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.

Expert evaluations may be carried out by civil servants or private experts, as designated by the relevant Prosecutor, Investigating Judge or the parties.