Fiches Belges

The investigation should concern one of the following criminal offences (Art. 588 ter a in relationship with art.579.1 Criminal Procedural Code): a) Intentional crimes punished with a maximum of, at least, three years’ imprisonment sentence. b) Offences committed within a criminal group or organisation. c) Terrorist offences General requirements: 1. principles of speciality (a measure is related to the investigation of a specific crime), 2. adequacy (the objective and subjective scope and the duration of the measure depending on its usefulness), 3. exceptional nature and necessity (where the investigation, given its nature, does not have other measures available which are less onerous to the fundamental rights of the accused, and when discovering of the facts is seriously hampered without recourse to this measure) 4. proportionality of the measure (when the detriment of the rights and interests at stake is not greater than the benefit that their adoption provides for public interest and third parties). 5. judicial authorization, specifying the technical means to be used. 6. Obligation of providers, agents and persons to provide the assistance and cooperation needed to the judge, the Public Prosecution Service, or members of the Judiciary Police appointed. According to the Spanish Criminal Procedural Law on Data preservation order. The Public Prosecution Service, or the Judiciary Police, may require any individual or incorporated entity to preserve and protect specific data or information included on a computer warehousing system which they have access to until the relevant judicial authorisation is obtained for its assignment, in accordance with the provisions of the preceding articles. The data will be preserved for a maximum of ninety days, which may only be extended once until the assignment is ordered or one hundred and eighty days have passed. The party requested to do so will be under the obligation to cooperate with, and keep secret, the performance of this legal measure and will be subject to the liability described in paragraph·3 of article 588 b. v.

Spanish Criminal Procedural Law, art. 588 quinquies Spanish 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

* 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) Investigating Judge and Central 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 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.

Article 219. Execution of a European Investigation Order to obtain evidence in real time, continuously and over a certain period of time. 1. Where the competent authority receives a European Investigation Order for the purpose of carrying out an investigative measure requiring the gathering of evidence in real time, on a continuous basis and for a certain period of time, it shall refuse to execute it in cases where the investigative measure would not be authorised in a similar domestic case. 2. The competent authority receiving a European Investigation Order for the purpose of carrying out a measure referred to in this Article shall be competent to act, direct and control the operations related to its execution, but the practical arrangements shall be agreed with the competent authority of the issuing State.