Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Where investigations affecting activities related to organised crime are concerned, the competent authority may authorise the Judiciary Police to act under an assumed identity and to acquire and transport objects, effects and instruments of the crime and defer confiscation of them. The Investigative Judge may authorise members of the Judiciary Police to act under an assumed identity in communications held on closed communication channels for the purposes of solving any the same crimes. During an investigation carried out using an undercover agent, the competent Judge may authorise images to be obtained and conversations to be recorded which may be held in the meetings foreseen between the agent and the party under investigation, even where these take place inside a residence. The undercover computer specialist, with specific authorisation to do so, may exchange or send, by themselves, fileswhich are illegal due to their content and analyse the results of the algorithms applied to identify such illegal files. Summary of general requirements for a measure; For the purposes of authorising undercover agents, organised crime is considered to be the association of three or more persons to engage, either permanently or repeatedly, in behaviour which has the purpose of committing one or several of the following crimes: a) Crimes of procurement and illegal trafficking of human organs and their transplant, provided for in article 156 a of the Criminal Code. b) Crime of abduction of persons provided for in articles 164 to 166 of the Criminal Code. c) Crime of human trafficking provided for in article 177 a of the Criminal Code. d) Crimes relating to prostitution provided for in articles 187 to 189 of the Criminal Code. e) Crimes against property and against socio-economic order provided for in articles 237, 243, 244, 248 and 301 of the Criminal Code. f) Crimes relating to intellectual and industrial property provided for in articles 270 to 277 of the Criminal Code. g) Crimes against workers’ rights provided for in articles 312 and 313 of the Criminal Code. h) Crimes against the rights of foreign citizens provided for in article 318 a of the Criminal Code. i) Crimes of trafficking endangered species of flora or fauna provided for in articles 332 and 334 of the Criminal Code. j) Crime of trafficking nuclear and radioactive material provided for in article 345 of the Criminal Code. k) Crimes relating to public health provided for in articles 368 to 373 of the Criminal Code. l) Crimes of currency forgery, provided for in article 386 of the Criminal Code, and forgery of credit or debit cards or travellers’ cheques, provided for in article 399 a of the Criminal Code. m) Crime of arms, munitions or explosives trafficking and warehousing provided for in articles 566 to 568 of the Criminal Code. n) Crimes of terrorism provided for in articles 572 to 578 of the Criminal Code. o) Crimes against historical heritage provided for in article 2.1.e of Organic Law 12/1995, of 12 December, on repression of smuggling. The authorities that shall authorise the request are the competent Investigative Judge or the Public Prosecution Services, giving immediate account to the Judge. • the rules to use the acquired information as an evidence Where the proceedings in an investigation may affect fundamental rights, the undercover agent must request the competent judicial body for the authorisations established for that purpose in the Constitution and the Law, and also comply with all other applicable legal provisions. • whether a private person can be an agent According to the Spanish Criminal Law Procedure, a private person cannot be an undercover agent.

Legal Framework

International legal framework applicable for this measure in your Member State

article 282 bis of Spanish Criminal Procedural Code; Article 220 of Law 23/2014 on mutual recognition of judicial decisions in criminal matters in the European Union

Competent Authority

* receive the request/decision for judicial cooperation

Public Prosecutor or Investigative Judge -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. -execute/recognise the measure Investigating Judge and Central Investigating Judge

Accepted languages

Accepted languages for the request/decision

Spanish

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

-There is not a deadline for the execution of rogatory letters. -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.

Concise legal practical information

Special requirements

-There are not different rules when cooperating outside of UE, only legal basis for this cooperation changes.

Last reviewed on 29 June 2022 by EJN Secretariat

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  • Cross-border operations (A.70-A.73)
  • A.70 Cross-border surveillance
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