Measure Implementation

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

This international police cooperation instrument allows officers from one member state to pursue, within the territory of another member state, a perpetrator of any of the criminal offences specifically listed, if they are pursuing him or her in flagrante delicto or as a result of an escape across terrestrial borders. In Spain, the borders concerned are with France and Portugal, countries with which Spain has established, in the Instrument of Accession to the Convention Implementing the Schengen Agreement, specific declarations on the practical implementation of the measure and the conditions of this measure. Summary of general requirements for a measure: The following limitations apply base don reciprocity: - France: The maximum distance French officers can reach in pursuit of the perpetrator is 10 km. - Portugal: The maximum distance Portuguese officers can reach in pursuit of the perpetrator is 50 km or 2 hours. In any case: - The officers applying this instrument in Spanish territory must make their condition visible. - The foreign officers are not allowed to perform any arrest measure upon the perpetrator, as long as this measure is to be taken by the national authorities. - The foreign officers must report to the national authorities when needed

Legal Framework

International legal framework applicable for this measure in your Member State

Instrument of Accession to the Convention Implementing the Schengen Agreement (CISA) approved the 23rd. July 1993 [BOE nº 81 de 05/04/1994], as amended by Council Decision 2003/725/JHA.

Competent Authority

* receive the request/decision for judicial cooperation

Ministry of Interior. The measure must be communicated immediatly by the incoming police operatives (French or Portuguese) to the nearest Police Cooperation and Customs Centre which will channel the information to the competent Spanish unit to continue the pursuit and arrest (if applicable) the perpetrator.

Accepted languages

Accepted languages for the request/decision

English, French and Spanish

Execution deadline

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

Not applicable, but as stated before geographical and time restrictions apply.

Concise legal practical information

Special requirements

-This instrument only applies to EU-Schengen countries bordering with Spain (France and Portugal).

Last reviewed on 25 June 2022 by EJN Secretariat

NEXT MEASURE

  • Cross-border operations (A.70-A.73)
  • A.72 Cross-border tracking (tracking device being installed/put by an issuing state)
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