The European protection order is a decision on criminal proceedings issued by a legal authority or to the equivalent of a Member State in relation with a protection measure that empowers the competent authority of another Member State with the purpose of adopting the opportune measures in favour of the victims or possible victims of crimes with can put in risk their life, physical and psychical integrity, dignity, freedom or sexual integrity when they are in their home country.
Summary of general requirements for a measure:
The European protection order can be issued both in relation with imposed measures of a criminal process as well as respect the sanctions restrictive of rights. They must be:
a) The prohibition to enter o bring closer to determined places, locations or areas in which the individual lives or goes frequently.
b) The prohibition or regulation of any kind of contact with the protected person, included telephone contact, by e-mail or post, by fax or any other media.
c) Or the prohibition or regulation about bringing closer to the protected person less than the indicated in the measure.
In case of breaching any of the adopted protection measures, the Spanish judicial authority will be competent for:
a) Demanding penal sanctions and adopt any other measure as a consequence of the breach of the aforementioned measure when the breach supposes a criminal offence pursuant to the Spanish law.
b) Adopting any of other decisions related to the breach.
c) Adopting the urgent provisional measures for ending the breach and wait, in this case, a subsequent decision from the issuing State.
The Spanish judicial authority will notify the competent authority of the issuing State any breach of the adopted measures pursuant to the European protection order.
The European protection order shall be documented exclusively through the corresponding form, and will express if a decision on alternative measures to custody or probation (with an order of the authority of the aforementioned State that the respective certificates were sent) has been transmitted to another different State from the executing State.
The original decision will be sent only when requested by the executing authority.
The certificate or form shall be signed by the competent judicial authority to make the decision that is documented.
Grounds for refusal:
• mandatory
General grounds for refusal
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 prescribed 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 following provisions: in cases of failure of the form or certificate or when it is missing, the judicial authority shall inform the issuing authority setting a deadline for the certificate to be presented again, completed or amended.
d) When there is an immunity that prevents the implementation of the decision.
Specific grounds for refusal:
a) when the decision does not refer to any of the measures provided for in this Title.
b) when the protection measure relates to an act that does not constitute a criminal offense in Spain. Mutual recognition and enforcement of European protection orders shall always be effected verification of double criminality by the Judge or Spanish Court.
c) when the protection derives from the execution of a penalty or measure that, pursuant to Spanish Law, is covered by a pardon and relates to an act or conduct which falls within the competence of Spain
d) when pursuant to Spanish law, the person causing the danger cannot because of that person´s age, be held criminally responsible for the act the conduct in relation to which the protection order has been adopted
• optional
Where a cause for refusal of recognition or enforcement if justified or rectifiable defect in the enforcement or transfer is met, the competent judicial authority may request additional information from the authority of the issuing State, setting a deadline which such information must be sent.