• authority that executes EAW and is competent to decide on surrender
Law 23/2014. Article 35.2. The Central Investigating Judge at the National High Court is the competent judicial authority to execute the European arrest warrant. When the order relates to a young offender the competence will correspond to the Central Juvenile Judge. Within the deadlines, a remedy of appeal may be filed against that order directly before the Criminal Chamber of the National High Court, under the terms set forth in the Criminal Procedure Act, which shall have preferential status
• the time limits for detention
Article 50 (act 23/2014, on mutual recognition of judicial decisions in criminal matters in the E.U.)
• the scope of offences that allow surrender
Article 47.1 act 23/2014, on mutual recognition of judicial decisions in criminal matters in the E.U. When a European arrest warrant has been issued for an offence that belongs to one of the categories of offences listed in section 1 of article 20 (act 23/2014, on mutual recognition of judicial decisions in criminal matters in the E.U.) and that offence is punishable in the issuing State with a custodial sentence or measure of deprivation of liberty, or with a mesasure of internment under closed regime for a minor, the maximum duration of wich is at least three years, surrender of the requested person shall be ordered without control of double criminality of the acts.
• the rules for the prosecution for other offences
Article 47.2 act 23/2014, on mutual recognition of judicial decisions in criminal matters in the E.U. In the remaining cases not considered in the preceding Section, as long as these are punished in the issuing State with a custodial sentence or measure of deprivation of liberty, or with a measure of internment under close regime of a minor with a maximum duration of at least twelve months, or when the objects of the claim is the serving of a sentence to a penalty or measure of not less than four months of deprivation of liberty, the surrender may be subject to the requisite of the facts justifying handing down a European arrest and surrender warrant constituting it or its classification.
• grounds for mandatory/optional refusal to surrender
Article 48 and 49 (act 23/2014, on mutual recognition of judicial decisions in criminal matters in the E.U.) The Spanish executing judicial authority shall refuse the execution of the European arrest warrant, in addition to the cases provided for in Articles 32 and 33, in the following cases:a) When the requested person has been pardoned in Spain of the penalty imposed by the same facts on which the European arrest warrant is founded and it was prosecuted by the Spanish jurisdiction) When the free stay in Spain for the same acts has been agreed. c) When on the person who is the subject of the European arrest warrant has gone, in another Member State of the European Union, a final decision on the same facts that definitely prevents further criminal proceedings. d) When the person who is the subject of the European arrest warrant has been finally judged by the same facts in a third non-member State of the European Union, provided that in the event of sentence, the sanction has been served or is in those moments being implemented or not longer be enforced under the law of the sentencing State.e) When the person who is the subject of the European arrest warrant still cannot be, because of his/her age, considered criminally responsible for the acts on which the order is based, in accordance with Spanish law. 2.The Spanish executing judicial authority may refuse the execution of the European arrest warrant, in the following cases:a) When the person who is the subject of the European arrest warrant is subject to criminal proceedings in Spain for the same act that led to the European arrest warrant.b) When the European arrest warrant has been issued for the purpose of executing a sentence or measure involving deprivation being the requested person a Spanish citisen, unless it consents to fulfil the same in the issuing State. Otherwise, the sentence must be served in Spain.c) When the European arrest warrant relates to acts which have been committed outside the issuing State and the Spanish law does not allow prosecution of such offences when committed outside its territory. Art.32 grounds for refusal: 1. a) When it was ordered in Spain or in another State different form the issuing one a final, denunciatory or acquittal decision, against the same person and in respect of the same facts, and its implementation would contravene the principle of non bis in idem in the terms provided by law and international conventions and treaties to which Spain is a party and even if the sentenced person had been subsequently pardoned; b) When the order or decision relates to acts for whose prosecution Spanish authorities are competent and, sentencing by a Spanish judicial authority had been issued, the penalty imposed had been affected by statute of limitations in accordance with Spanish law; c) When the form or certificate which must accompany the application for the adoption of measures is incomplete or manifestly wrong or does not correspond to the measure, or if the certificate is missing, notwithstanding the provisions of Article 19; d) When there is an immunity that prevents the implementation of the decision. 2.The Spanish judicial authority may also refuse recognition and enforcement of a decision when it is imposed by an offence other than those governed by paragraph 1 of Article 20 that is not an offence under Spanish law. Art.33. Decision rendered in the absence of the person concerned.