Within the EU, under the mutual recognition system for transfer of prisoners, final judicial decisions are recognised and executed when they have been issued by the competent authority of a Member State after the conclusion of criminal proceedings, for which an individual is sentenced to a custodial sentence as a result of the commission of a criminal offence, including custodial measures imposed to minors.
Summary of general requirements for a measure:
(Act 23/2014, article 77)
The requirements for the recognition and enforcement in Spain of a decision that imposes a custodial sentence or measure are:
a) That the sentenced person is Spanish and resides in Spain;
b) That the sentenced person is Spanish and will be deported to Spain for that sentence;
c) Even though these conditions are not met, if the Central Criminal Judge has consented the implementation of the judgment in Spain unless, under the statements made by the Spanish State, the consent is not necessary.
Mandatory grounds for refusal:
The Spanish Central Criminal Judge shall deny the recognition and enforcement of the decision by which a custodial sentence or measure is imposed, in the following cases:
(Art. 85. 1. Act 23/2014):
-1)Where by reason of age, the sentenced person would not have been held criminally responsible for the motivating facts of conviction, according to Spanish criminal law.
-2)Where the competent Spanish judicial authority finds that, at the time of receiving the decision of conviction, the part of the sentence to be served is less than six months.
-3)When the transmitted decision imposes a custodial measure that does not prove enforceable according to Spanish law.
-4)When, before deciding on the recognition and enforcement of the condemning decision, the Central Criminal Judge submits an application for the person concerned to be prosecuted, sentenced or detained in Spain for an offence committed prior to transfer and different from which had reasoned it, and the competent authority of the issuing State does not consent.
-5)When the requirements for the transmission of a decision establishing a custodial sentence or measure are not met.
(Art.32.1 Act 23/2014):
-6)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;
-7)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 prescribed in accordance with Spanish law;
-8)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;
-9)When there is an immunity that prevents the implementation of the decision.
(Art.33 Act 23/2014:)
-10)Decision rendered in the absence of the person concerned:
The Spanish judicial authority shall also refuse the implementation of the order or decision that have been transmitted when the defendant did not appear at the trial resulting decision unless the same record, in accordance with the other requirements of the procedural law of the issuing State, any of the following circumstances:
a) That, in sufficient time, the defendant was summoned in person and informed of the date and place fixed for the trial to which that decision is derived, or he/she received such official information by other means that record their actual knowledge and besides, he/she was informed that a decision may be handed down in the case of default.
b) That, being aware of the date and place fixed for the trial, the defendant appointed lawyer for his/her defence at trial, and was indeed defended by him/her in the celebrated trial.
c) That, after being served with the decision and being expressly informed of his/her right to a retrial or appeal with the possibility that this new process, which would be entitled to appear, a decision contrary to the initial was dictate, the person expressly stated that he/she did not impugn the decision, or request the opening of a retrial or appeal within the time provided therefore.
Optional grounds for refusal:
The Spanish judicial authority may also refuse recognition and enforcement of a decision when it is imposed by an offence other than those avoid control of double incrimination and it is not an offence under Spanish law.