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 and whose technical assistance is not necessary. Where Spain is notified of the interception of telecommunications by interception of the communications address of a person under investigation or accused who is in Spain, if the interception is not subject to authorisation in a similar domestic case, the Spanish competent authority shall inform the State in which the interception is being carried out without delay and at the latest within 96 hours of receipt of the notification: (a) that the intervention may not be carried out or that it will be terminated. (b) and, where appropriate, that any equipment already seized may not be used while the person subject to the interception was in Spain, or may only be used under the conditions specified. The competent authority of the intercepting State shall be informed of the reasons for these conditions.

Act 23/2014 of 20 November 2014 on mutual recognition of judicial decision in criminal matters in the European Union refers to this measure in its Title X, chapter III, section 2º, art. 222

* 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 * execute/recognise the measure (if other than the receiving authority) Central Investigative Judges

The only accepted language is Spanish

96 hours of receipt of the notification

There are no rules when cooperating outside EU