Fiches Belges

This special investigation technic refers to allowing illicit or suspect consignments to exit, cross, or enter the Spanish territory with the knowledge, and under the supervision of, the Spanish competent authorities and in agreement with the other States involved with aim to investigate an offence and identify the persons involved in its commission. The law also permits the delivery of suspicious consignments without interference, as well as the opening of such consignments and the substitution of the illicit goods, often drugs, with another object, the repackaging of the goods (so that they appear as if they have not been tampered with) and their controlled delivery to their destination. General requirements: 1. This measure is provided for drug trafficking offences,precursors, endangered species of plants or animals; counterfeit money; the possession, trafficking or storage of weapons, munitions or explosives; and for assets or proceeds of crime/money laundering ill-gotten gains that are the subject of the money laundering. 2. Guarantee of permanent surveillance on the transportation, and assurance that everything possible will be done to track down and bring to justice those responsible. The requesting Authority will undertake to seize the drugs and arrest all those involved, especially where there is a risk that the drugs may be stolen at any given moment of the operation. 3. Full information on the vehicle or means of transport which will be used for the operation (including the number plate). 4. Full information on those likely to drive the vehicles, especially the name to be used at the border crossing. 5. The date of likely arrival in Spain and the probable border crossing 6. The fullest information possible on the investigation so far in the requesting country. 7. If Spain is the final destination, it is important that information be supplied regarding the persons involved and the exact final destination. 8. Prior authorization from the countries through which the 'transportation under surveillance' will pass. 9. Precise information on additional facts which may emerge during the operation.

Article 263 bis of Spanish Criminal Procedural Code; Article 219 of Law 23/2014 on mutual recognition of judicial decisions in criminal matters in the European Union

The competent Examining Magistrate and the Public Prosecution Services, along with the Heads of the relevant Units of the Judicial Police. The heads of the Central Judicial Police shall report immediately to the Public Prosecutor and, if judicial proceedings have been already initiated, at a national level, to the competent Investigating Judge. As regards to incoming EIOs the Public Prosecutor is the newly 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

Spanish

-There is not a deadline for the execution of rogatory letters. -The decision to recognise and execute the European Investigation Order (EIO) 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.

-There are not different rules when cooperating outside of UE, only legal basis for this cooperation changes. The Spanish competent authority shall refuse to execute it in cases where the investigative measure would not be authorized in a similar domestic case.