Measure Implementation

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

According to Act 11/2003 of 21st May on joint investigation team within the European Union, the provisions of Spanish law are limited to establish a JIT only between Ms of the EU. A JIT with a trird country is only possible according by a bilateral agrremend or a multilateral convention. The Ministry of Justice is the competent authority to set up the JIT in those criminal cases not falling within the scope of competence of the National Court. There is not limited list of crimes. This special investigation technique is used to combat organized crime like trafficking in drugs orhuman beings, terrorism, money laundering, fraud… -The request for an agreement to establish a JIT should contain, at least, certain elements: • Sufficient motivation of its necessity • Specified aims of the investigation • Proposal for the composition of the team • Powers of the team leader • The applicable legislation • The use of the obtained information during the investigations carried out by the team. - The JIT leader can be the Public Prosecutor during the investigation opened by the Public Prosecutor Office; or the Investigative Judge, and also the competent Investigative Judge together with the Public Prosecutor in charge with the case, when there is an opened investigation under the Investigative Judge. - When the JIT is closed, The Jits leaders should evaluate the performance of the JIT, results achieved, legal and practical issues encountered for the purpose of improving the efficiency of JITs. - Also, police JITs are envisaged in the Law when there is no a judicial investigation opened. In this case, the Ministry of the Interior is the competent authority to authorize the setting up of the “police” JIT. -All the practical information on JITs, and the evaluation form, can be consulted on www.eurojust.europa.eu

Legal Framework

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EuropeanUnion NU Conventions Viena, UNTOC, UNCAC. Convention on mutual assistance and cooperation between customs administration ( Naples II)

Competent Authority

* receive the request/decision for judicial cooperation

* receive the request/decision for judicial cooperation the Public Prosecutor's Office or Investigating Judge. * execute/recognise the measure (if other than the receiving authority) Public Prosecutor or Investigative Judge

Accepted languages

Accepted languages for the request/decision

The only accepted language is Spanish.

Execution deadline

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

There is not deadline

Concise legal practical information

Special requirements

A JIT with a trird country is only possible according by a bilateral agrremend or a multilateral convention.

Last reviewed on 29 June 2022 by EJN Secretariat

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