Judiciary Police asks to the investigating judge to authorize the use of technical devices or means of tracking and localization. The Judge may authorize it where there are proven reasons of necessity and the measure is proportionate, stating the technical means to be used.
The providers of telecommunications services, of access to a telecommunications network or information society services are under the obligation to give the assistance and cooperation needed to the judge, the Public Prosecution Service, and members of the Judiciary Police appointed to carry out the measure.
The measure will have a maximum duration of three months from the date they were authorized. Exceptionally, the judge may order successive extensions for the same or a shorter period up to a maximum of eighteen months if this is justified in the light of the results obtained by the measure.
Where there are reasons of urgency, the Judiciary Police may proceed to place it, reporting this as soon as possible and, at any event, within a maximum of twenty-four hours, to the investigating judge, who may ratify the measure taken or order its immediate termination within the same time limit. In this last event, the information obtained from the device placed will have no effect in the proceedings.
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.
• authorities that are competent to decide on the measure
The authorities that shall authorise the request are the competent Investigative Judge. Where there are reasons of urgency, the Judiciary Police may proceed to place it, reporting this as soon as possible and, at any event, within a maximum of twenty-four hours, to the judicial authority, who may ratify the measure taken or order its immediate termination within the same time limit.
• time limits for performing the measure
The measure for use of technical devices for tracking and localization provided for in the previous article will have a maximum duration of three months from the date they were authorized. Exceptionally, the judge may order successive extensions for the same or a shorter period up to a maximum of eighteen months.