Fiches Belges

This instrument of mutual recognition on freezing orders is directed to prevent provisionally the destruction, transformation, displacement, transfer or alienation of properties which could be subdued to be confiscated or be used as means of evidence. Freezing orders may be taken in relation to any type of property, whether tangible or intangible, movable or immovable, as well as documents evidencing title or right over such property, which the judicial authority of the issuing State considers to constitute the proceeds of an offense or to be equivalent in whole or in part to the value of such proceeds, or to constitute the instrumentalities or objects of such offense. A freezing order shall be transmitted by means of a freezing certificate. The issuing authority shall transmit the freezing certificate provided for in Article 6 (Regulation (EU) 2018/1805) directly to the executing authority or, where applicable, to the central authority by any means capable of producing a written record under conditions that allow the executing authority to establish the authenticity of the freezing certificate. The issuing authority shall transmit the original of the freezing order or a certified copy thereof together with the freezing certificate. The freezing certificate shall: a) be accompanied by aconfiscation certificate transmitted in accordande with article 14 Regulation (EU) 2018/1805) or b) contain an instrction that the property is to remain forzen in the executing State pending the transmission and execution of the confiscation order in accordance with article 14, in which case the issuing authority shall indicate the estimated date of this transmission in the freezing certificate. The certificate must be signed by the judge and translated into Spanish. The decision, however, does not have to be translated. • time limits Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders. The property subject to a freezing order shall remain frozen in the executing State until the competent authority of that state has responded definitively to a confiscation order transmitted in accordance with Article 14 or until the issuing authority has informed the executing authority of any decision or measure that renders the order unenforceable or causes it to be withdrawn in accordance with Article 27 (art. 12) Act 23/2014. Art. 153 The measure will be kept until the request for transferring or confiscation made by the issuing judicial authority is definitively resolved, without prejudice of the coercive measures rendered that could be adopted.

The Criminal Procedure Act, approved by Royal Decree of 14 September 1882 (589 et seq.) Title VII (Articles 143-156) of Law 23/2014 of 20 November 2014, on the mutual recognition of criminal decisions in the European Union applicable to mutual recognition instrument based on FD 2003/577/JHA on freezing orders (applicable in line with the Regulation EU 2018/1805)

-MUTUAL RECOGNITION: The investigating magistrates in the place where the property to be frozen is located. If the issuing authority does not know the location of the property to be frozen, the freezing certificate shall be sent, for the sole purpose of determining the location of the property, to the International Cooperation Unit of the State Prosecutor’s Office, which shall forward it to the investigating magistrate in the locality where the property is located for enforcement of the freezing order (Article 2(9) Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders /Article 144(2) of Law 23/2014 of 20 November 2014). -MUTUAL LEGAL ASSISTANCE : The request can be sent to the Investigating Judge or the Central Investigating Judge at the National Court, according to the scope of their respective objective competence (see Judicial Atlas).

The only accepted language is Spanish.

-Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders. The executing authority shall take the decision on the recognition and execution of the freezing order and execute that order without delay and with the same speed and priority as for a similar domestic case after the executing authority has received the freezing certificate. -2.Where the issuing authority has indicated in the freezing certificate that the execution of the freezing order is to be carried out on a specific date, the executing authority shall take as full account as possible thereof. Where the issuing authority has indicated that coordination is needed between the Member States involved, the executing authority and the issuing authority shall coordinate with each other in order to agree on the date of execution of the freezing order. Where no agreement can be reached, the executing authority shall decide on the date of execution of the freezing order, taking as full account as possible of the interests of the issuing authority. -3 Without prejudice to paragraph 5, where the issuing authority has stated in the freezing certificate that immediate freezing is necessary since there are legitimate grounds to believe that the property in question will imminently be removed or destroyed, or in view of any investigative or procedural needs in the issuing State, the executing authority shall decide on the recognition of the freezing order no later than 48 hours after it has been received by the executing authority. No later than 48 hours after such a decision has been taken, the executing authority shall take the concrete measures necessary to execute the order. (Art.9. Time limits for recognition and execution of freezing orders) -Act 23/2014. Article 151. The decision of executing the decision may be adopted immediately and communicated without delay to the issuing judicial authority and to the Public Prosecution’s by any way that leaves a written record. The Spanish judicial authorities will adopt the decision 24 hours after the receipt. (Ireland and Denmark). -MUTUAL LEGAL ASSISTANCE: There is not deadline.

-Spain makes the declaration under that, when a freezing certificate is transmitted with a view to the recognition and execution of a freezing order, the issuing authority is to transmit the original freezing order or a certified copy thereof together with the freezing certificate.