A legal instrument that allows the requesting State to turn to the judicial authority of the State in which the person liable to pay the financial penalty arising from the commission of a criminal offence (or administrative offence in certain cases) has assets, earns income or has his or her habitual residence in order to enforce the penalty.
The attestation of the criminal judgment on which the certificate is based shall be sent together with the certificate.
The original of the decision or certificate shall be forwarded only at the request of the executing authority.
The certificate or form shall be signed by the judicial authority competent to issue the decision to be documented.
The certificate or form shall be translated into Spanish.
The decision shall be translated only where required to do so by the executing judicial authority.
Grounds for refusal:
mandatory
Act 23/2014. Article 182.
a) When the decision would punish a natural person which, because of his/her age, would not have been able to be held liable criminal in accordance with Spanish legislation.
b) When, according to the certificate, in case of writing procedure, he/she has not been informed of his/her right to challenge the decision and the periods for file of the aforementioned appeal.
c) When, according to the certificate, the accused has not been informed personally or by his/her representative of his/her right to challenge the judgment and the periods to lodge the aforementioned appeal.
d) When the financial penalty is less than 70 Euros or an equal amount in another currency.
e) When, from the certificate and the communicated decision for its execution, is evidenced that there has been a breach of the fundamental rights and the legal principles as enshrined in Article 6 of the European Union Treaty and reflected in the Charter of Fundamental Rights of the European Union.
f) When the decision is referred to facts committed out the issuing State and the Spanish law does not allow the prosecution of those offences when they have occurred 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.
• optional
In the case of any of the reasons for refusal of the recognition and enforcement referred to in letter d) of paragraph 1 or paragraph 3 of article 32, paragraph 1 of article 33, or in letters b) and c) of the preceding paragraph, prior to refuse partially or totally the recognition and the implementation of the decision concur, the criminal judge will consult to the competent authority of the issuing State to clarify the situation and, if necessary, remedy the defect that had incurred.