JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The creation of an area of freedom, security and justice in the European Union requires an important effort to improve judicial cooperation between the Member States, which has its "cornerstone" in the principle of mutual recognition of judgments. This principle is based on the mutual trust that the resolutions to be recognised and implemented fully comply with the basic requirements of legality and proportionality in all Community countries.

Progressively, the Union has been adopting legal instruments in which the principle of mutual recognition is established. The first of these was Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, which was incorporated into Spanish law by Law 3/2003, March 14, on the European arrest and delivery order, and the Organic Law of March 14, which was complementary to the previous one.

The above rules followed Council Framework Decision 2003 /577/JHA of 22 July 2003 on the implementation in the European Union of the resolutions of the freezing of assets and of the assurance of evidence, incorporated into our law by Law 18/2006 of 5 June, for the effectiveness in the European Union of the resolutions of embargo and of assurance of evidence in criminal proceedings, supplemented by the Organic Law 5/2006, of 5 June. And then Council Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition of financial penalties, the transposition of which has been carried out in Law 1/2008 of 4 December 2005, for the The Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice European Union of resolutions imposing financial penalties.

The next step in this process is the Council Framework Decision 2006 /783/JHA of 6 October 2006 on the application of the principle of mutual recognition of confiscation orders, the incorporation of which Our law is carried out in this law, aimed at guaranteeing in Spain the maximum judicial cooperation with the other Member States of the European Union.

II

The purpose of this rule is, first, to regulate the procedure through which the Spanish judicial authorities are to transmit those firm sentences for which a seizure is to be imposed. other Member States of the European Union. Secondly, to establish the way in which the Spanish judicial authorities are to recognise and implement such decisions when they are transmitted to them by another Member State.

As in the marked framework decisions, and the laws that have already incorporated them into our law, the waiver of the requirement to control double criminality for the violations that are established and provided for them 'custodial sentences of a maximum duration of at least three years' are provided for.

The Law contains new developments that come from the Framework Decision 2006 /783/JHA and which derive from the requirements of effectiveness that must accompany the mutual recognition of confiscation orders. The first is to have a uniform concept of confiscation, which is due to the transposition of the national laws of the Member States of the Council Framework Decision 2005 /212/JHA of 24 February 2005 on the confiscation of products, instruments and goods related to crime. In this regard, the scope of the confiscation in this law reaches property that comes from criminal activities developed by the person convicted during a period prior to the conviction, or when the value of the property is recorded property is disproportionate to the legal income of the convicted person and a national court, on the basis of concrete facts, is fully convinced of its criminal origin. Instead, the alleged restitution of goods to their rightful owners is left out of this law.

The law also incorporates the novelties by which they are intended to remedy the problems arising from the doubts of the location of the goods being seized, and to which a judicial authority is allowed to transmit its resolution simultaneously to several Member States of the European Union. A forecast which, in turn, requires greater communication between the judicial authorities in order to avoid excesses of execution.

Finally, the law includes provisions, already contained in Framework Decision 2006 /783/JHA, which refer certain aspects to the agreement of both the competent authorities of the Member States and their judicial authorities, in issues such as the destination of the seized goods or the reimbursement of certain expenses.

It is also new that the Judge of the Criminal Court asks the Prosecutor's Office to report before recognizing and executing a confiscation order from another State of the European Union, given the complexity that can lead to such resolutions.

In addition to these developments, the law also confirms issues that already appear in the previous laws that incorporated the Framework Decisions on mutual recognition of judicial decisions in the European Union. This is the case with the rules to be complied with by the Spanish judges in order to transmit and implement the relevant judicial decisions and, in particular, the use of forms or certificates. The Framework Decisions are already based on the use of the forms to be translated into the language indicating the State in which the judicial authority is to execute the judicial decision in question, which is conceived as a formula for overcoming the obstacle which may result from the lack of knowledge on the part of the judge of the language in which he receives a decision from another State.

In this sense and just as the previous laws have done, the Spanish translation is required (a term coined before the Community institutions to designate our language) of the forms that are sent to our country by the competent authorities of the other Member States. This consolidates a line of linguistic policy that constitutes a basic piece for the effectiveness of the system, consisting in opting for the language that all the judges of Spain know, without the need for new translations in the case of forwarding of the decisions within the Spanish territory or of ignorance of the judge of the official language and, in short, delays in the effectiveness of the resolutions referred to in the certificate. This is also the only option which is in line with the Framework Decisions relating to translation into the official language of the executing State, a condition which in Spain only corresponds to Spanish or Spanish, while for the other languages The co-officialdom is reduced to the territory of the Autonomous Community in question. Furthermore, it should be noted that this option does not exclude that in the judicial proceedings that take place in our country, article 231 of the Organic Law of the Judicial Branch, which makes it possible to use the official languages, is applicable. of the Autonomous Communities.

III

The law is structured in three chapters, to which five additional provisions are added, another transitional and three endings, plus an annex which includes the certificate or form for the application of the principle of mutual recognition of confiscation orders.

The first chapter contains the general provisions concerning the purpose of the law and the possibility of improving the regime established by agreements between the Member States, the authorities in Spain will be competent to issue the resolutions which are the subject of the law and to implement them. The concept of confiscation is also required, as well as the scheme of compensation and reimbursements resulting from the execution of confiscation orders.

The second chapter regulates the transmission by the Spanish judicial authorities of the confiscation orders to other Member States of the European Union, in order for them to carry out their execution. In particular, the form of transmission and the manner in which it is to be documented, as well as the consequences arising from the transmission of a resolution, in particular when the request for confiscation is sent to several States, is addressed.

The rule is established that the transmission of the resolution, accompanied by its certificate, does not prevent the Spanish judicial authority from executing it, but it does limit it in terms of the amount of money it can seize and requires the competent authority of the executing State to inform the competent authority of the executing State or of the authority of another State to which the same resolution has been referred to, and the amount which, where appropriate, has not been executed. The processing of the confiscation is expected to affect a particular property in a quantity of equivalent money.

This second chapter closes with the obligation of information of the Spanish judicial authority to the competent authority in the executing State of the adoption of any measure that leaves without effect the confiscation and the resources which come before it.

Finally, the third chapter concerns the implementation in Spain of those resolutions which are transmitted to it by other Member States of the European Union.

This regulation is part of the recognition of the principle of non-compliance with the control of double criminality and therefore the automatic recognition and enforcement of the resolution, in order to allow the existence of a series of cases where double criminality is required or where the competent authority may refuse to recognise and execute the confiscation. It also regulates the rules applicable to the enforcement of the resolution. As an exception to the automatism of enforcement, the law regulates a number of grounds justifying the refusal of recognition and enforcement of the decision, as well as the suspension of the confiscation order, and the review of the sentence and pardon. It has been taken into account in the regulation of these aspects of the amendment to be amended by Council Framework Decision 2009 /299/JHA of 26 February 2009 amending Framework Decisions 2002 /584/JHA, 2005 /214/JHA, 2006 /783/JHA, 2008 /909/JHA and 2008 /947/JHA, aimed at strengthening the procedural rights of persons and promoting the application of the principle of mutual recognition of judgments given in the context of judgments held without the prosecution of the person concerned. This reform has affected both the regulation of the grounds for refusal of recognition of a resolution and the form that is included as an annex to this law.

The law ends with the regulation of the disposal of goods seized in Spain, whether they be money or other goods. A regime that does not move the application of those already existing special rules, such as those that apply to smuggling or illicit drug trafficking.

The final part of the law contains an additional provision regarding the remission of statistical information. A transitional provision is also included, which determines the legal status of the resolutions which are in progress at the entry into force of the law, and three final provisions. The first of these is based on the state competence to issue this law in Article 149.1.6. the second of the Constitution states that the new law incorporates into Spanish law Framework Decision 2006 /783/JHA and the latter establishes the time of its entry into force. Finally, the certificate to be sent by the Spanish courts for the recognition of confiscation orders imposed by them in other Member States of the European Union is finally included in the Annex.

CHAPTER I

General provisions

Article 1. Object.

1. This law is intended to regulate the procedure to be followed by the Spanish judicial authorities in order to transmit to the relevant authorities of the other Member States of the European Union a final confiscation order imposed as follows: the consequence of the commission of a criminal offence.

2. It is also regulated the action to be taken by the Spanish judicial authorities when they receive a final confiscation order issued by the competent authority of another Member State of the European Union and imposed as a result of the commission of a criminal offence, for recognition and enforcement.

3. The provisions of this Law shall be without prejudice to the application of those Conventions with other Member States of the European Union concluded by Spain which contribute to greater simplification and agility in the implementation procedures. of confiscation orders.

Item 2. Issue Status and Execution Status.

For the purposes of this law, the following definitions shall apply:

(a) issuing State: The Member State in which the confiscation order has been issued in relation to a criminal case.

(b) State of enforcement: The Member State to which the confiscation order has been transmitted for recognition and enforcement.

Article 3. Confiscation order.

1. A confiscation order shall mean a sanction or a firm measure imposed by a court following a procedure relating to one or more criminal offences, resulting in the final deprivation of property.

2. For the purposes of this law, the confiscation order may affect any type of property, whether material or immaterial, movable or immovable, as well as documents with legal force or other evidence of a title or right on the goods in respect of which the court of the issuing State has decided:

(a) They constitute the product of a criminal offence or are equivalent in whole or in part to the value of that product.

b) What constitute the instruments of such infringement.

(c) Which may be seized on the basis of the application in the issuing State of any of the extended confiscation powers provided for in Article 3 (1) and (2) of Framework Decision 2005 /212/JHA of the Council of 24 February 2005 on the confiscation of products, instruments and property related to crime.

(d) Õ that may be seized in accordance with any other provisions relating to an extended seizure power in accordance with the law of the issuing State.

Article 4. Competent Spanish judicial authorities.

1. It shall be competent to transmit a final confiscation order imposed on a natural or legal person to another Member State of the European Union in which the goods are seized, the judge or criminal court competent for its execution in Spain.

2. They are competent authorities to execute in Spain a confiscation order transmitted by the competent judicial authorities of the issuing State to the Judges of the Criminal Place where the goods are located. If the resolution transmitted does not specify the place where the goods are located, the Judge of the Criminal place of the place of residence of the condemned person shall have jurisdiction and as long as those goods are not located in another place.

Article 5. Compensation and reimbursements.

1. The Spanish State shall reimburse the State to which the decision has been transmitted in respect of the amounts paid in respect of reparation for damages caused to the holders of legitimate rights and interests, provided that they are not exclusively to the activity of that State.

2. The Spanish State shall require the State of the judicial authority to issue the reimbursement of the amounts paid in respect of damages caused to the holders of legitimate rights and interests, provided that they are not result exclusively of the abnormal functioning of the Administration of Justice or of a judicial error.

CHAPTER II

Transmission by the Spanish judicial authorities of a confiscation order for execution in another Member State of the European Union

Article 6. Transmission of a confiscation order.

1. The Spanish criminal judicial authority competent to execute a confiscation imposed on a natural or legal person shall transmit the decision to the competent authority of another Member State of the European Union, provided that it is firm, and has reasonable grounds that the assets to be seized are in that State.

In the event that in relation to these goods, a resolution pursuant to Law 18/2006 of 5 June, for the effectiveness in the European Union of the resolutions of embargo and of the Proof in criminal proceedings, the Criminal Judge will seek the background from the Judge of Instruction for the purposes of continuing his or her treatment.

2. In the event that the Spanish criminal judicial authority does not know which authority is competent to execute the decision, it shall carry out any investigations it considers appropriate and shall be valid from all the necessary means, including the contact points of the European Judicial Network.

3. If the Spanish criminal judicial authority has no reasonable grounds for determining the State to which the confiscation order may be transferred, it shall forward it to the competent authority of the Member State in which the natural or legal person which has been passed on to the judgment normally resident or has its registered office, respectively.

Article 7. Documentation and mode of transmission.

1. The decision to be implemented must be accompanied by a certificate, the model of which is set out in the Annex, which shall be signed by the Spanish criminal judicial authority which, in accordance with internal legislation, has jurisdiction to implement it.

2. The Spanish criminal judicial authority shall transmit the original decision or a certified copy thereof, together with the certificate, directly to the executing authority, by registered post, fax or computer or telematic means. which allow the authenticity of the content, the certainty of the date and the identity of the sender to be credited. All communications between judicial authorities shall be carried out by such means.

The Spanish criminal judicial authority will maintain direct communication with the authority to which the resolution is addressed.

3. The certificate must be translated into the official language or one of the official languages of the State to which it is addressed or, where appropriate, to an official language of the Community institutions which would have accepted that State.

Article 8. Transfer of a confiscation order to more than one Member State.

1. A confiscation order relating to specific goods may be transmitted simultaneously to more than one executing State when any of the following assumptions are made:

(a) That the competent Spanish judicial authority has reasonable grounds to believe that the various goods subject to the confiscation order are located in different executing States.

b) That the confiscation of a particular property included in the confiscation order requires intervention in more than one executing State.

(c) The competent Spanish judicial authority has reasonable grounds to believe that a particular property included in the confiscation order is located in one of the two or more specific executing States.

2. A confiscation order relating to a quantity of money may be transmitted simultaneously to more than one executing State where the competent Spanish judicial authority considers that there are specific reasons for doing so. Among other assumptions, such reasons are considered to be present:

(a) Where the goods concerned have not been seized in accordance with Law 18/2006 of 5 June for the effectiveness in the European Union of the freezing and testing decisions in criminal proceedings.

(b) When the value of the goods that can be seized in the issuing State and in any executing State is probably not sufficient to execute the total amount of the confiscation order.

3. Where it is not possible to carry out the simultaneous transmission to several Member States of the European Union and provided that the confiscation order has not been fully complied with, the transfer of the confiscation order shall be carried out in a successive manner to the States in which the is presumed to be the property of the convicted person.

Article 9. Consequences of the transmission of a confiscation order.

1. The transmission of a confiscation order shall not prevent the Spanish criminal judicial authority from carrying out its execution.

2. In the event of a transfer to one or more executing States of a confiscation order relating to a quantity of money, the Spanish judicial authority shall ensure that the total value resulting from the execution of the decision does not exceed the maximum amount specified in the same.

3. The Spanish criminal judicial authority shall immediately inform the competent authority of any executing State concerned, by any means which may leave a written record, in the following cases:

a) When you consider that there is a risk that the execution will exceed the specified maximum amount. It shall also inform when it considers that the risk mentioned has ceased to exist.

(b) When all or part of the confiscation order has been executed in Spain or in another executing State. In this case, the amount of the forfeiture statement that has not yet been executed shall be specified in the communication.

c) If, after the transfer of a confiscation order, a Spanish authority has received a quantity of money voluntarily paid by the sentenced person in compliance with the confiscation order. In this case, it shall be indicated if there is part of the resolution to be executed and its amount.

Article 10. Conversion of the confiscation.

When a confiscation order affects a particular property and in any event the confiscation of the property is not possible, the Spanish judicial authority shall request the competent authority of the executing State to the confiscation takes the form of an obligation to pay a sum of money equivalent to the value of the good in question.

Article 11. Completion of the run.

The Spanish criminal judicial authority shall immediately inform the competent authority of the executing State of any decision or measure which has the effect of annulling the enforceability of the judgment or withdrawing the judgment of the Execution status for any other reason.

Article 12. Reimbursement of exceptional expenses.

The Spanish judicial authority which receives a communication from the authority of the executing State on special expenditure which has led to the execution of the confiscation order shall inform the Ministry of Justice for the purposes of of a possible agreement on the sharing of costs with the executing State.

Article 13. Review of the confiscation order.

1. In the event of an impeachment of the confiscation order, the confiscation order shall be settled by the competent judicial authority for the knowledge of the action brought.

2. In the event of an estimate of an appeal affecting the confiscation order, the Spanish criminal judicial authority shall immediately inform the executing State.

CHAPTER III

Enforcement in Spain of a confiscation order issued by the judicial authority of another Member State of the European Union

Article 14. Principle of double typing.

1. The final confiscation orders adopted by the issuing State for execution in Spain shall not be subject to double criminality control where they relate to acts prosecuted as some of the offences set out below, provided that they are punished in that State with custodial sentences of a maximum duration of at least three years. These crimes are as follows:

Belonging to a criminal organization.

Terrorism.

Trafficking in human beings.

Sexual exploitation of children and child pornography.

Illicit trafficking in drugs and psychotropic substances.

Illicit trafficking in arms, ammunition and explosives.

Corruption.

Fraud, including the fraud affecting the financial interests of the European Communities.

Laundering of proceeds from crime.

Counterfeit currency, including the euro.

Computer Crimes.

Crimes against the environment, including illicit trafficking of protected animal species and protected plant species and varieties.

Input and irregular stay help.

Homicide and assault with serious injuries.

Illicit human organ and tissue trafficking.

Kidnapping, illegal retention and hostage taking.

Racism and xenophobia.

Organized or armed robberies.

Illicit trafficking of cultural goods, including antiques and works of art.

Scam.

Blackmail and extortion of funds.

Infringement of intellectual or industrial property rights and counterfeit goods.

Falsifying administrative documents and trafficking false documents.

Forgery of payment means.

Illicit trafficking in hormonal substances and other growth factors.

Illicit trafficking of nuclear and radioactive materials.

Traffic in stolen vehicles.

Violation.

Arson.

Crimes included in the jurisdiction of the International Criminal Court.

Illegal seizure of aircraft and ships.

Sabotage.

2. Where the competent Criminal Judge receives the decision of a judicial authority of another Member State of the European Union to carry out a confiscation order imposed for a criminal offence not provided for in the preceding paragraph, it shall be subject to the the recognition and enforcement of such recognition on the condition that the fact that it has been issued is also a criminal offence under Spanish law.

Article 15. Recognition of decisions.

1. The Judge of the competent criminal shall be obliged to recognize and execute, without further processing than the report of the Prosecutor's Office, a confiscation order when the good on which it falls is found in Spain, which has been duly transmitted by the competent authority of the issuing State, except in cases where one of the grounds for non-recognition or non-enforcement referred to in Article 19 is present.

The Judge of the Criminal, prior to the report of the Prosecutor's Office issued within 7 days, will agree the execution of the confiscation order duly transmitted by car, within a maximum period of 15 days from its reception. The adoption of the confiscation order in question shall, where appropriate, take the form of measures which have been agreed on the same goods pursuant to Law 18/2006 of 5 June for the effectiveness in the European Union of the decisions of the However, it is necessary to provide evidence in criminal proceedings.

When the certificate accompanying the confiscation order is not translated into Spanish, it shall be immediately forwarded to the judicial authority which has signed it to carry out the corresponding translation.

The competent criminal judges shall accept the confiscation orders governing this law, which are carried out by registered post, fax or computer or telematic means which enable the authenticity of the content to be credited. certainty of the date and identity of the sender.

2. Where a Criminal Judge receives a decision for recognition and enforcement and is not competent to do so, he shall forward it on his own initiative, if that is clear from the documentation received, and shall inform him immediately and by any means that leave the issuing State authority in writing.

Article 16. Enforcement of the resolutions.

1. In the event that a request for confiscation affects a particular property and in any event the confiscation of the property is not possible, the competent Criminal Judges shall agree that the confiscation takes the form of the obligation to pay an amount of money corresponding to the value of the good in question.

2. In the event that a confiscation order relates to a quantity of money, the competent Criminal Judges, in case they are unable to obtain the payment, shall execute the confiscation order on any goods available for that purpose.

3. Where a confiscation order relates to a quantity of money, the competent Criminal Judges shall, where necessary, convert the amount to be seized into the currency of the executing State, applying the exchange rate in force. at the time the confiscation order is issued.

4. The competent Criminal Judge shall inform the competent authority of the issuing State, by any means which leaves a written record, of the execution of the decision as soon as it has been completed.

Article 17. Execution of multiple confiscation orders.

1. Where the competent criminal court is dealing with two or more confiscation orders relating either to a quantity of money handed down against the same natural or legal person who does not have sufficient means in Spain to execute all the resolutions, or concerning the same good, shall decide which or which of the confiscation orders shall be executed, after having duly considered all the circumstances. In order to take this decision, account shall be taken of the existence of a preventive embargo, the relative gravity and the place of the infringement, the dates of the respective decisions and the dates of their transmission. The competent criminal court shall without delay communicate its decision to the competent authorities of the issuing State or States.

2. If the sentenced person is able to provide proof of seizure, in whole or in part, in another State, the competent criminal court shall consult the competent authority of the issuing State by any of the means provided for in the Article 7.2. In the event of confiscation of the proceeds of a crime, any portion of the value of the goods concerned which is recovered under the confiscation order in another State shall be deducted in full from the value of the assets to be seized in Spain.

Article 18. The right the execution will be governed by.

1. The enforcement of the resolution shall be governed by Spanish law and shall be carried out in the same way as if the confiscation had been imposed by a Spanish court.

2. The confiscation order that has been imposed in the issuing State shall also be executed on a legal person for an infringement for which its liability is not foreseen in accordance with Spanish law.

3. In the event of failure to execute a confiscation order, the Criminal Judge shall inform the competent authority of the issuing State without delay, without the possibility of any alternative measures not being carried out under Spanish law.

Article 19. Refusal of recognition and enforcement of the resolution.

1. The competent Criminal Judge shall refuse the recognition and enforcement of confiscation orders in the following cases:

(a) Where a firm, damning or absolute decision against the same person has been issued in Spain or in another State other than that of issue, and in respect of the same facts, and its execution infringes the principle non bis in idem in the terms provided for in the laws and international conventions or treaties ratified by Spain, and even if the sentenced person had subsequently been pardoned.

(b) In the case of a confiscation order imposed for an infringement other than those referred to in Article 14 (1), it is not established in Spanish law.

However, where the confiscation order has been imposed for a criminal offence in the field of taxation or change control, the execution of the confiscation order shall not be refused if the substance is found to be the Spanish legislation does not establish the same tax or does not contain the same tax and change control regulation as the legislation of the issuing State.

c) When there is an immunity that prevents the execution of the resolution.

(d) Where the rights of interested parties, including third parties in good faith under Spanish law, prevent the execution of the confiscation order.

e) When, according to the certificate, the imputed did not appear in the judgment of which the confiscation order derives, except that on the certificate it consists, in accordance with other procedural requirements defined in the national legislation of the Issue status of any of the following circumstances:

1. That, in good time, the imputed was quoted in person and informed of the place and date foreseen for the judgment of which the resolution derives, or received official information of the date and place intended for the judgment by other means to record their effective knowledge, and was informed that a decision could be made in the event of an appearance.

2. That, having knowledge of the intended celebration of the trial, gave a mandate to a lawyer well appointed by himself or by the State, to defend him in judgment, and was effectively defended by that lawyer in the judgment.

3. That, after being notified of the confiscation order and being expressly informed of their right to a new trial or to bring an action with the possibility that of that new trial, in which he would be entitled to appear, A decision contrary to the initial decision was taken, the defendant expressly stated that it did not contest the judgment, or did not request the opening of a new trial or appeal within the time limit laid down for that purpose.

(f) Where the decision relates to facts that Spanish law considers to be committed in whole or in part on Spanish territory or when they have been committed outside the issuing State and Spanish law does not permit persecution of such infringements where they have been committed outside their territory.

g) Where the Judge considers that the resolution adopted pursuant to the provisions on the extended powers of confiscation referred to in the Constitution is incompatible with the fundamental rights and freedoms recognized in the Constitution Article 3 (2) (d).

(h) Where the decision relates to facts for which the Spanish authorities are competent and, if the judgment has been given by a Spanish court, the penalty imposed would have been prescribed in accordance with the with Spanish law.

i) When the certificate to be accompanied by the application for enforcement of the resolution is missing, it is incomplete or does not clearly correspond to the resolution.

2. In the cases referred to in points (a), (e), (f), (g) and (i), as well as point (d), where the interposition of a resource in Spain, paragraph 1 of this Article, has not been reported before refusing the recognition and enforcement of the the decision, the Judge of the Criminal shall consult the authority of the issuing State, by any of the means provided for in Article 7.2, to clarify the situation and, where appropriate, to remedy the defect in which it has been incurred. In the other cases of paragraph 1 of this Article, the consultation shall be of power to the Judge of the Criminal.

Article 20. Alleged failure to execute the confiscation order.

When it is not possible to execute the confiscation order due to the fact that the property to which it relates has already been seized, it has disappeared, has been destroyed or will not be found in the location indicated on the certificate or that it shall not be indicated with sufficient accuracy where the good is found, even after consultation with the issuing State, the competent Criminal Judge shall inform the competent authority of the issuing State without delay.

Article 21. Suspension of execution.

1. The competent Criminal Judge may suspend the execution of a confiscation order transmitted in the following cases:

(a) Where, in the case of a confiscation order relating to a quantity of money, consider that there is a risk that the total value resulting from its execution may exceed the amount specified in the resolution as a result of its simultaneous execution in more than one Member State.

(b) Where the execution of the confiscation order may prevent the smooth conduct of an ongoing criminal investigation or action, for as long as it deems reasonable.

(c) Where it deems necessary to translate, without passing on its cost to the issuing State, the confiscation order or parts thereof, for the time required to obtain its translation.

d) When the property is already the subject of a confiscation procedure in Spain.

2. The competent Criminal Judge shall, during the period of suspension, take the necessary measures to ensure the execution of the confiscation order.

3. In the event of a suspension in accordance with paragraph 1 (a) of this Article, the competent Criminal Judge shall inform the competent authority of the issuing State without delay by any means which may leave a written record.

4. In the cases referred to in points (b), (c) and (d) of paragraph 1 of this Article, the Judge of the Criminal Court shall, without delay, communicate the suspension of the execution of the confiscation order, its reasons and, if possible, its intended duration, to the authority competent of the issuing State by any means which can be recorded in writing.

5. As soon as the grounds for suspension have ceased to exist, the Judge of the competent Criminal Court shall immediately take the necessary measures to implement the confiscation order and shall inform the competent authority of the issuing State accordingly. any means that can be written on record.

Article 22. Communication to the Prosecutor's Office.

Whatever the decision is taken, the Criminal Judge shall notify the Prosecutor's Office at the same time as it transmits it to the competent authority of the issuing State.

Article 23. Resources.

1. Against decisions given by the Judge of the Criminal Court to decide on the recognition and enforcement of decisions issued by an authority of another Member State of the European Union, the Ministry of Public Health, the sentenced person or the holders of Legitimate rights and interests that may be affected may bring the reform and appeal proceedings, which will not suspend enforcement.

The appeal may be filed with the reform or separately. In no case will it be necessary to institute the reform in advance to present the appeal. All these resources shall be processed in accordance with the provisions of the Criminal Procedure for the use of the cars of the Judges of the Criminal in the abbreviated procedure.

2. As soon as the appeals for reform or appeal are filed, the Judge of the Criminal will communicate this circumstance to the judicial organ of the issuing State, by any means that leaves a written record, in conditions that allow the authority (a) to which it is intended to establish its authenticity, in order to establish, where appropriate, any considerations which it considers appropriate within five days of receipt of the certificate.

3. The Criminal Judge shall inform the judicial authority of the issuing State, of the resolution of the appeal for reform or appeal.

4. The substantive grounds for the adoption of the decision may be challenged only by an appeal lodged in the Member State of the issuing judicial authority.

Article 24. Disposal of seized goods.

1. The competent Criminal Judge shall have the money obtained from the execution of the confiscation order in accordance with the following rules:

(a) If the amount obtained from the execution of the confiscation order is less than EUR 10,000 or the amount equivalent to that amount, the amount shall be entered in the deposit account and in the court.

(b) In all other cases, 50 per 100 of the amount that has been obtained from the execution of the confiscation order shall be transferred to the issuing State. The remaining 50 per 100 will be entered into the deposit account and court consignations.

The amounts that, in application of the above, correspond to Spain will be transferred by the Judicial Secretary to the Public Treasury with application, if any, of what is established in special rules and, In particular, as provided for in article 374 of the Penal Code and Law 17/2003 of May 29, which regulates the Fund of goods seized by illicit drug trafficking and other related crimes and in their development regulations.

2. The competent Criminal Judge shall decide that goods other than money or other instruments of payment to the bearer obtained from the execution of the confiscation order shall be disposed of and applied in the manner provided for in the preceding paragraph.

The disposal of the goods will be carried out in accordance with the Spanish legislation, with, where appropriate, the provisions of the Organic Law 12/1995, of December 12, of repression of the contraband and its regulations of development.

3. Where the execution of the confiscation order is affected by property belonging to the Spanish historical patrimony, the Judge of the Penal shall in no case proceed to his disposal or restitution to the issuing State. In such cases, it shall inform the competent Spanish authorities and the provisions of Law 16/1985 of 25 June of the Spanish Historical Heritage and its implementing rules shall apply.

4. The Spanish State shall not claim to the issuing State the reimbursement of the costs resulting from the execution of the confiscation order. However, if the execution of the decision has incurred expenses which it considers to be of a substantial or exceptional nature, the Judge of the Criminal Court shall inform the Ministry of Justice of the fact that the latter reaches an agreement with the competent authorities of the State of the issue of the allocation of costs.

Additional disposition first. Reference for statistical information.

In accordance with the guidelines that, if any, are set by the National Judicial Statistics Commission, the Courts or Courts that transmit or receive confiscation orders in the cases provided for in this Law, communicate to the General Council of the Judiciary.

The General Council of the Judiciary shall send the information referred to in the paragraph above to the Ministry of Justice semi-annually.

Additional provision second.

Article 98 of Law 22/2003, dated July 9, is amended, which is worded as follows:

" Article 98. Judicial resolution.

a) the time limit for the review of the inventory and the list of creditors without any objections or, if the final texts of the case have been submitted, the final texts of the those documents, the Judge shall dictate the decision to be taken in accordance with the provisions of this Title.

This resolution will be appealable and will have the consideration of appeal closest to the sole effects of reproducing the issues raised in the replenishment or incident resources during the common phase to be refers to Article 197.4. "

Additional provision third.

The additional eighth provision of Law 15/2003, of 26 May, is amended to regulate the remuneration of judicial and tax careers, which is worded as follows:

" Additional Disposition octave.

The Judges of territorial affiliation referred to in Article 347 bis of the Organic Law of the Judicial Branch shall receive, in respect of the additional remuneration laid down in this Law:

1. By population group, the target supplement for the Magistrates of the High Court of Justice to which they were attached.

2. By representation, the add-in of the target for the Magistrates of the single-personal organs of the population group corresponding to them as provided for in the previous paragraph.

Basic remuneration shall be as provided for in this Act in accordance with its category. "

Additional provision fourth.

The additional provision is amended first and a new fourth additional provision is added, in Law 50/1981 of 30 December, which regulates the Organic Statute of the Fiscal Ministry, being drafted as follows:

" Additional disposition first.

Regarding the acquisition and loss of the status of a member of the Fiscal Career, disabilities, administrative situations, duties and rights, incompatibilities, prohibitions and responsibilities of the same, will be application of the provisions for Judges and Magistrates in the Organic Law of the Judiciary. "

" Additional provision fourth.

1. The members of the Tax Race shall replace each other, in accordance with the provisions of this Statute, in the regulations governing it and in the Instructions which the Attorney General of the State shall, in general, dictate.

2. Where the system of ordinary substitutions cannot be used, they may be appointed by way of exceptional tax substitutes in the case of vacancies, licences, special services or other reasons justifying it.

3. The legal regime of the substitute prosecutors will be subject to regulatory development in similar terms to the provisions of the substitute magistrates and substitute judges in the Organic Law of the Judiciary, which will be applicable in this way. matter. "

Additional provision fifth.

A new article 2a is added to Law 38/1988, of December 28, of Demarcation and Judicial Plant, with the following wording:

" Article 2a.

1. In each Superior Court of Justice, and for the territorial scope of the province, the places of Judges of territorial affiliation that are set out in Annex IV of this Law are created, in accordance with the provisions of article 347 bis of the LOPJ.

2. The subsequent development of these places of territorial adrezor Judges as well as their modification shall be carried out by Royal Decree, in accordance with the provisions of Article 20 of this Law. "

Single transient arrangement. Resolutions in progress.

1. This law shall apply to decisions which are transmitted or received after their entry into force, irrespective of whether they were previously issued.

2. Confiscation orders that are in execution at the time of entry into force of this law shall continue to be processed until their conclusion in accordance with the rules in force at that time.

Final disposition first. Competence title.

This law is dictated by the exercise of jurisdiction attributed to the State in matters of procedural law by Article 149.1.6. of the Constitution.

Fine disposition second. Incorporation of European Union law.

This law incorporates into Spanish law Council Framework Decision 2006 /783/JHA of 6 October 2006 on the application of the principle of mutual recognition of confiscation orders, as well as the amendment that of this rule makes Council Framework Decision 2009 /299/JHA of 26 February amending Framework Decisions 2002 /584/JHA, 2005 /214/JHA, 2006 /783/JHA, 2008 /909/JHA and 2008 /947/JHA to strengthen the procedural rights of the persons and to promote the application of the principle of mutual recognition of decisions given in the case of trials held without appearance of the imputed.

Final disposition third. Entry into force.

This law shall enter into force on the twentieth day of its publication in the "Official State Gazette".

The provisions of the second, third, fourth and fifth additional provisions shall enter into force on the day following that of Law 13/2009 of 3 November, of reform of the procedural law for the implementation of the New Judicial Office.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 10 March 2010.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO

ANNEX

Certificate for the execution of confiscation orders in another Member State of the European Union