Fiches Belges

Notification to Spain of the interception of telecommunications by interception of the communications address of a person under investigation or accused who is located in Spain territory if no Spanish technical assistance is necessary. The notification shall be made using the Annex C of the Directive 2014/14 on EIO or in accordance with Article 20 of the Convention of 29 May 2000 for Member States not having implemented the mentioned Directive.

• Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters: art. 31 (Annex C). • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, of 29 May 2000: art. 20

• For receiveing the request :The International Cooperation Unit of the General Prosecutor’s Office. • For the recognition and execution of interception: Central Investigative Judges of the National High Court.

The only accepted language is Spanish

• The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. (art. 12 Directive) Where the interception would not be authorised in a similar domestic case, the Spanish authority may notify, at the latest within 96 hours after the receipt of the notification: -that the interception may not be carried out or must be terminated. -where appropriate, that the data intercepted while the person subject to the interception was in Spain may not be used or may be used only under such conditions as it specifies, informing the competent authority of the intercepting Member State of reasons justifying those conditions. • The Convention of 29 May 2000 provides that the notified State shall respond without delay or within a maximum period of 96 hours, period which can be extended to a maximum of 8 days to enable the notified Member State to carry out internal procedures required by its criminal legislation.

There are no rules when cooperating outside EU