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.
The judge may order seizure, opening or examination of postal and telegraphic private correspondence, including faxes, certified faxes and money orders, that the accused sends or receives, if there are indications that discovery or verification of some fact or circumstance relevant to the case will be obtained by these means, as long as the subject of the investigation is one of the abovementioned offences.
Summary of general requirements:
The judge may order, in a grounded decision, observation of the accused’s postal and telegraphic communications, and communications used to carry out their criminal activities, for a period of up to three months, which may be extended by the same, orshorter, period up to a maximum of eighteen months. In the event of urgency, where investigations are carried out to prove crimes related to the operation of armed gangs or terrorist elements and there are grounded reasonswhich make the measure provided for in the previous paragraphs of this articleessential, the Minister for Internal Affairs may order it or, in default, the Secretary of State for Security. This measure will be notified to the competent judge immediatelyand, at any event, within a maximum time limit of twenty-four hours, with a record of the reasons justifying adoption of the measure, the action carried out, the manner in which it was effected and its result. The competent judge, also in a reasoned manner, will revoke or confirm such action within a maximum time limit of seventy-two hours after the measure was ordered.
The judge may order seizure, opening or examination of postal and telegraphic private correspondence, including faxes, certified faxes and money orders, that the accused sends or receives, if there are indications that discovery or verification of some fact or circumstance relevant to the case will be obtained by these means, as long as the subject of the investigation is one of the offences listed below.
• authorities that are competent to decide on the measure:
Investigating Judge and Central Investigating Judge.
• time limits for performing the measure:
The measure may be adopted for a period of up to three months, which may be extended by the same, orshorter, period up to a maximum of eighteen months