FELIPE VI

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:

INDEX

Preliminary title. General regime for the mutual recognition of criminal decisions in the European Union.

Article 1. Mutual recognition of criminal decisions in the European Union.

Article 2. Instruments of mutual recognition.

Article 3. Respect for fundamental rights and freedoms.

Article 4. Legal regime.

Article 5. Issue Status and Execution Status.

Article 6. Duty of information to the Ministry of Justice. Central Authority.

Title I. General arrangements for the transmission, recognition and enforcement of instruments of mutual recognition in the European Union.

Chapter I. Transmission by the Spanish judicial authorities of instruments of mutual recognition.

Article 7. Issuance and documentation of orders and resolutions for enforcement under the principle of mutual recognition.

Article 8. Transmission of orders and resolutions for enforcement under the principle of mutual recognition.

Article 9. Mandatory information for Eurojust in relation to instruments of mutual recognition.

Article 10. Description of the crime and the penalty.

Article 11. Loss of the execution character of the resolution whose execution has been transmitted.

Article 12. Transit by another Member State of the claim by the Spanish judicial authority.

Article 13. Appeals against decisions on the transfer of instruments of mutual recognition.

Article 14. Expenses.

Article 15. Compensation and reimbursements.

Chapter II. Recognition and enforcement by the Spanish judicial authorities of instruments of mutual recognition.

Section 1. General Provisions.

Article 16. Immediate recognition and execution.

Article 17. Translation of the certificate.

Article 18. Practice of communications.

Article 19. Certificate Subhealing.

Article 20. Lack of control of double typing and its exceptions.

Article 21. Rules applicable to the execution.

Article 22. Notification of recognition and enforcement. Hearing.

Article 23. Suspending the execution of the resolution.

Article 24. Resources.

Article 25. Expenses.

Article 26. Compensation and reimbursements.

Article 27. Transit of persons by Spanish territory in respect of a European order or judicial decision transmitted by another Member State.

Article 28. Transit of the claim by a third Member State in an execution agreed by the Spanish authority.

Section 2. Refusal of recognition or enforcement of an instrument of mutual recognition.

Article 29. Refusal of recognition or enforcement of an instrument of mutual recognition.

Article 30. Request for supplemental information.

Article 31. Request for the lifting of immunities.

Article 32. General grounds for refusal of recognition or enforcement of the measures requested.

Article 33. Decisions rendered in the absence of the imputed.

Title II. European arrest and delivery order.

Chapter I. General provisions.

Article 34. European arrest and delivery order.

Article 35. Competent authorities in Spain to issue and execute a European arrest and delivery order.

Article 36. Content of the European arrest and delivery order.

Chapter II. Issuing and transmitting a European arrest and delivery order.

Article 37. The purpose of the European arrest and delivery order.

Article 38. A pre-issuance declaration of a European arrest and delivery order.

Article 39. Requirements for the issuance in Spain of a European arrest and delivery order.

Article 40. Transmission of a European arrest and delivery order.

Article 41. Referral of supplementary information.

Article 42. Request for the delivery of objects.

Article 43. Request for temporary and declaration of delivery in the executing State.

Article 44. Response in conditional delivery cases.

Article 45. Procedure where the claim is made available to the Spanish issuing judicial authority.

Article 46. Communication of incidents to the Ministry of Justice.

Chapter III. Execution of a European arrest and delivery order.

Article 47. Facts that give rise to delivery.

Article 48. Refusal to implement a European arrest and surrender order.

Article 49. Refusal of the execution of a European arrest and surrender order having been issued in the absence of the defendant.

Article 50. Detention and making available to the judicial authority.

Article 51. Hearing of the detainee and decision on delivery.

Article 52. Decision on the temporary move or declaration of the person claimed.

Article 53. Personal situation of the person claimed.

Article 54. Deadlines for the execution of a European arrest and delivery order.

Article 55. Conditional delivery decision.

Article 56. Delivery decision suspended.

Article 57. Decision in case of requests concurrency.

Article 58. Delivery of the person claimed.

Article 59. Delivery of objects.

Chapter IV. Other provisions.

Article 60. Application of the principle of specialisation to the execution of a European arrest and delivery order.

Article 61. Further surrender to an extradition.

Article 62. Further extradition.

Title III. Resolution imposing a custodial sentence or measure of liberty.

Chapter I. General provisions.

Article 63. Resolution imposing a custodial sentence or measure of liberty.

Article 64. Competent judicial authorities in Spain to transmit and execute a resolution imposing a custodial sentence or measure of liberty.

Chapter II. Transmission of a resolution imposing a custodial sentence or measure of liberty.

Article 65. Requests for transmission of the resolution imposing a custodial sentence or measure of liberty.

Article 66. Requirements for transmitting a resolution imposing a custodial sentence or measure of liberty.

Article 67. Consent of the sentenced person.

Article 68. Consultations on the transmission of the resolution imposing a custodial sentence or measure between the issuing State and the State of enforcement.

Article 69. Documentation of the resolution imposing a custodial sentence or measure of liberty.

Article 70. Notification of the transmission of the resolution imposing a custodial sentence or measure of liberty.

Article 71. Transmission of the resolution imposing a custodial sentence or measure of liberty.

Article 72. Application by the Judge of Penitentiary Surveillance for precautionary measures on the sentenced person for adoption by the executing authority.

Article 73. Transfer of the sentenced person to the executing State.

Article 74. Withdrawal of the resolution imposing a custodial sentence or measure of liberty by the Judge of the Issuing Surveillance Prison.

Article 75. Consequences in the Spanish process of enforcement in another Member State of the decision imposing a custodial sentence or measure of freedom.

Article 76. Reversal of the execution of the sentence against Spain.

Chapter III. Enforcement of a resolution imposing a custodial sentence or measure of liberty.

Article 77. Requirements for the recognition and enforcement in Spain of a resolution imposing a custodial sentence or measure of liberty.

Article 78. Consultations on the transmission of a resolution imposing a custodial sentence or measure of liberty.

Article 79. Request for the transmission of a resolution imposing a custodial sentence or measure of liberty.

Article 80. Agreement for the partial execution of the sentence.

Article 81. Procedure for the recognition of the decision imposing a custodial sentence or measure for the purpose of its compliance in Spain.

Article 82. Withdrawal of the certificate of the resolution imposing a custodial sentence or measure of freedom.

Article 83. Adaptation of conviction.

Article 84. Postponement of the recognition of the resolution imposing a custodial sentence or measure of liberty.

Article 85. Refusal of recognition and enforcement of the decision imposing a custodial sentence or measure of liberty.

Article 86. Legislation applicable to the enforcement of the resolution imposing a custodial sentence or measure of liberty.

Article 87. Precautionary measures restricting the freedom of the sentenced person when he is in Spain.

Article 88. Transfer of the sentenced person to Spain for the fulfilment of the deprivation of liberty.

Article 89. Suspension of the enforcement of a resolution imposing a custodial sentence or measure of liberty.

Article 90. Return to the issuing authority of the resolution imposing a custodial sentence or measure of liberty.

Article 91. Execution of convictions following a European arrest and delivery order.

Chapter IV. Other provisions.

Article 92. Application of the principle of speciality to the enforcement of a resolution imposing a custodial sentence or measure of liberty.

Title IV. Probation resolution.

Chapter I. General provisions.

Article 93. Probation resolution.

Article 94. Scope of enforcement of the probation resolution.

Article 95. Competent judicial authorities in Spain to transmit and execute a probation resolution.

Chapter II. Transmission of a probation resolution.

Article 96. Requirements for issuing a probation resolution.

Article 97. Documentation of the European probation order.

Article 98. Transmission of a probation resolution.

Article 99. Consequences of the probation resolution.

Article 100. Return of the probation resolution.

Chapter III. Enforcement of a probation resolution.

Article 101. Requirements for the transmission to Spain of the probation resolution.

Article 102. Request for Spain to give its consent to the transmission of the probation resolution.

Article 103. Procedure for the recognition of probation resolution.

Article 104. Adaptation of the probation resolution.

Article 105. Refusal of recognition and enforcement of a probation resolution.

Article 106. Adoption by the Central Judge of the Criminal of subsequent resolutions in relation to probation.

Article 107. Withdrawal of the freedom resolution monitored by the issuing authority.

Article 108. Return of the probation resolution to the issuing authority.

Title V. Resolutions on alternative measures to provisional imprisonment.

Chapter I. General provisions.

Article 109. Resolution on alternative measures to the provisional prison.

Article 110. Scope of the resolution on alternative measures to the provisional prison.

Article 111. Competent authorities in Spain to issue and execute a resolution on alternative measures to the provisional prison.

Chapter II. Transmission of a resolution on alternative measures to the provisional prison.

Article 112. Requirements for transmitting a resolution on alternative measures to the provisional prison.

Article 113. Consultations and exchange of information between competent authorities on the resolution on alternative measures to the provisional prison.

Article 114. Procedure for the transmission of the resolution on alternative measures to the provisional prison.

Article 115. Documentation of the resolution on alternative measures to the provisional prison.

Article 116. Deadline for the supervision of alternative measures to the provisional prison in the executing State and its extension.

Article 117. Withdrawal of the resolution on alternative measures to the provisional prison.

Article 118. Supervisory powers of the Spanish judicial authority issuing the resolution on alternative measures to the provisional prison.

Article 119. Recovery of the competition for the supervision of surveillance measures.

Article 120. Powers of the issuing Spanish judicial authority for the adoption of subsequent decisions in relation to the resolution on alternative measures to the provisional prison.

Chapter III. Enforcement of a resolution on alternative measures to the provisional prison.

Article 121. Implementation in Spain of the resolution on alternative measures to the provisional prison.

Article 122. Procedure for decision-making on the recognition of the resolution on alternative measures to the provisional prison.

Article 123. Adaptation of the resolution on alternative measures to the provisional prison.

Article 124. Refusal of recognition and enforcement of the resolution on alternative measures to the provisional prison.

Article 125. Powers for the adoption of subsequent decisions relating to the resolution on alternative measures to the provisional prison.

Article 126. Extension of the supervision of surveillance measures.

Article 127. Obligations of the Judge of Instruction or Violence on Women during the supervision of surveillance measures.

Article 128. Delivery of the person subject to surveillance measures.

Article 129. Notifications with no response.

Title VI. European protection order.

Chapter I. General provisions.

Article 130. European protection order.

Article 131. Competent authorities in Spain to issue and receive a European protection order.

Article 132. Relationship of the European protection order with other resolutions of mutual recognition.

Chapter II. Issuance and Transmission of a European Protection Order.

Article 133. Requirements for issuing and transmitting a European protection order.

Article 134. Procedure for the issuance of the European protection order.

Article 135. Documentation of the European protection order.

Article 136. Transmission of a European protection order to several executing States.

Article 137. Powers of the Spanish Judge or Court following the transmission of the European protection order.

Chapter III. Implementation of a European protection order.

Article 138. Implementation of a European protection order.

Article 139. Failure to comply with a protection measure.

Article 140. Refusal of recognition and enforcement of the European protection order.

Article 141. Amendment of the European protection order.

Article 142. Completion of the measures taken under a European protection order.

Title VII. Resolution of preventive seizure of goods and of assurance of evidence.

Chapter I. General provisions.

Article 143. Resolution of preventive seizure of goods and of assurance of evidence.

Article 144. Competent judicial authorities in Spain to issue and execute a resolution of freezing of assets and of assurance of evidence.

Chapter II. Issuance and transmission of a preventive freezing of goods and evidence assurance resolution.

Article 145. Transmission of a freezing order of assets and evidence assurance.

Article 146. Procedure for the issuance of the freezing order for goods and for the assurance of evidence.

Article 147. Documentation of the freezing order of assets and evidence assurance.

Article 148. Transmission to several executing States of a resolution of freezing of assets and of evidence assurance.

Article 149. Powers of the Spanish issuing authority following the transmission of a freezing order for the freezing of assets and the security of evidence.

Chapter III. Execution of a freezing order of assets and evidence assurance.

Article 150. Absence of double-typing control.

Article 151. Procedure for the recognition of the resolution of the freezing of assets and of the assurance of evidence.

Article 152. Measures to comply with the resolution of freezing of assets and of securing of evidence.

Article 153. Duration of the measure of preventive seizure of goods or of assurance of evidence.

Article 154. Refusal of recognition and enforcement of a freezing order for the freezing of assets or evidence.

Article 155. Failure to execute a freezing order of assets and test assurance.

Article 156. Suspension of the execution of a measure of seizure of goods or of assurance of evidence.

Title VIII. Confiscation orders.

Chapter I. General provisions.

Article 157. Confiscation orders.

Article 158. Competent judicial authorities in Spain to transmit and execute a confiscation order.

Chapter II. Transmission of a confiscation order.

Article 159. Transmission of a confiscation order.

Article 160. Documentation of the confiscation order.

Article 161. Procedure for the transmission of the confiscation order.

Article 162. Transfer of a confiscation order to more than one Member State.

Article 163. Consequences of the transmission of a confiscation order.

Article 164. Conversion of the confiscation.

Article 165. Agreement between authorities on the disposal of the seized goods.

Chapter III. Execution of a confiscation order.

Article 166. Recognition of a confiscation order.

Article 167. Procedure for the recognition of confiscation order.

Article 168. Execution of a confiscation order.

Article 169. Execution of multiple confiscation orders.

Article 170. Refusal of recognition and enforcement of a confiscation order.

Article 171. Suspension of the execution of a confiscation order.

Article 172. Disposal of seized goods.

Title IX. Resolutions imposing financial penalties.

Chapter I. General provisions.

Article 173. Pecuniary sanction.

Article 174. Competent judicial authorities in Spain to transmit and execute a resolution requiring the payment of a financial penalty.

Article 175. Destination of the amounts charged.

Chapter II. Transmission of a resolution requiring the payment of a financial penalty.

Article 176. Transmission of a resolution requiring the payment of a financial penalty.

Article 177. Documentation of the resolution requiring the payment of a financial penalty.

Article 178. Procedure for the transmission of the resolution requiring the payment of a financial penalty.

Article 179. Consequences of the transmission of a decision requiring the payment of a financial penalty.

Chapter III. Enforcement of a resolution requiring the payment of a financial penalty.

Article 180. Recognition and enforcement in Spain of a decision requiring the payment of a financial penalty.

Article 181. Procedure for the recognition and enforcement of a decision requiring the payment of a financial penalty.

Article 182. Refusal of recognition and enforcement of a decision requiring the payment of a financial penalty.

Article 183. Review of the amount of the penalty.

Article 184. Alternative sanctions in the event of non-payment of the financial penalty.

Article 185. Suspension of the enforcement of a decision requiring the payment of a financial penalty.

Title X. European Evidence Get-up.

Chapter I. General provisions.

Article 186. European Evidence Get Urged.

Article 187. Scope of the European Evidence Warrant.

Article 188. Competent authorities in Spain to issue and execute a European Evidence Warrant.

Chapter II. Issuance and transmission of a European Evidence Warrant.

Article 189. Issuance and transmission of the European Evidence Warrant.

Article 190. Documentation of the European Evidence Warrant.

Article 191. Procedure for the transmission of the European Evidence Warrant.

Article 192. Transmission of the European Evidence Warrant.

Article 193. Resources in the Execution State.

Article 194. Use in Spain of personal data obtained in the execution of the EEW in another Member State.

Chapter III. Execution of a European Evidence Warrant.

Article 195. Execution in Spain of a European Evidence Warrant.

Article 196. Procedure for the recognition and enforcement of the European Evidence Warrant.

Article 197. Obtaining and moving the objects, documents or data obtained in accordance with the European Evidence Warrant.

Article 198. Refusal of recognition and enforcement of the European Evidence Warrant.

Article 199. Specific information about the course of execution of the EEW.

Article 200. Suspension of execution of the EEW.

Additional disposition first. Referral and enforcement of European arrest and delivery orders from or to Gibraltar.

Additional provision second. Transmission of preventive measures for the freezing of goods and the provision of evidence and financial penalties with the United Kingdom and the Republic of Ireland.

Additional provision third. Information on the statements made to the General Secretariat of the Council of the European Union.

First transient disposition. Transitional arrangements.

Second transient disposition. Referral and enforcement of convictions in Poland.

Transitional provision third. Equivalence of the description of the Schengen Information System.

Single repeal provision. Regulatory repeal.

Final disposition first. Updating attachments.

Final disposition second. Competence title.

Final disposition third. Incorporation of European Union law.

Final disposition fourth. Entry into force.

PREAMBLE

I

More than a decade after the Amsterdam Treaty envisaged the creation of an area of freedom, security and justice in the European Union, the Member States, including Spain, continue to strengthen their judicial cooperation through the application of its two basic principles: the harmonisation of laws and the mutual recognition of judgments.

The principle of mutual recognition, based on mutual trust between Member States and enshrined in the Tampere European Council as the "cornerstone" of civil and criminal judicial cooperation in the European Union, has a genuine revolution in the relations of cooperation between the Member States, by allowing that judgment issued by a judicial authority of a Member State to be recognised and enforced in another Member State, except where (a) shall not be allowed to refuse recognition. Finally, the Treaty on the Functioning of the European Union has been a legal principle of mutual recognition, in which, according to Article 82 of the Treaty, judicial cooperation in criminal matters is based.

This new model of judicial cooperation entails a radical change in relations between the Member States of the European Union, by replacing the old communications between the central and the governmental authorities with the direct communication between the judicial authorities, to abolish the principle of double criminality in relation to a predetermined list of offences and to regulate as exceptional the rejection of the recognition and enforcement of a judgment, list of reasons for refusal. In addition, it has been possible to simplify and speed up the procedures for the transmission of judgments, by using a form or certificate to be completed by the competent judicial authorities for the transmission of a resolution to another Member State.

In the criminal field, as provided for in the Programme of Measures to implement the principle of mutual recognition of judgments in criminal matters, this principle must be applied in each of the stages. of the criminal proceedings, both before and during and even after the sentence was handed down.

II

The first time that in the field of criminal law this principle was embodied in a legal instrument of the European Union, it was in the Framework Decision 2002/584/JHA, concerning the European order and the delivery procedures between Member States, by means of a process of delivery with greater speed and legal certainty. This rule was immediately incorporated into Spanish law through Law 3/2003 of 14 March on the European arrest and delivery order and the Organic Law of 14 March, which was complementary to the previous one.

The second framework decision adopted in this area was Framework Decision 2003 /577/JHA of 22 July 2003 on the implementation in the European Union of the resolutions on the freezing of assets and the assurance of evidence, which allows the judicial authority of the State of origin to adopt a decision by agreeing to an interim embargo in another Member State, of goods which are either to be subject to a subsequent comiso or to be used as evidence in judgment. Its incorporation into Spanish law was carried out through Law 18/2006 of 5 June for the effectiveness of the resolutions of embargo and the assurance of trials in criminal proceedings and the Organic Law 5/2006 of 5 June, In addition to the previous one, amending the Organic Law 6/1985, of July 1, of the Judicial Branch.

Third, Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition of financial penalties allowed the requesting State to refer to the judicial authority of the State where the person liable for payment of a pecuniary penalty arising from the commission of a criminal offence (or administrative in certain cases) had assets, earned income or had his habitual residence, in order to implement the sanction. The transposition of this rule into our law was carried out by Law 1/2008 of 4 December 2008 for the implementation in the European Union of resolutions imposing pecuniary sanctions and the Organic Law of 4 December, amending of the Organic Law 6/1985, of July 1, of the Judiciary, complementary to the previous one.

A year later, Framework Decision 2006 /783/JHA of 6 October 2006 on the application of the principle of mutual recognition of confiscation orders would allow a judgment given in a State to agree on the confiscation of a number of goods, was recognised and enforced by a Court of State in which the goods concerned were found. This has until today been the last framework decision on mutual recognition of criminal decisions transposed in our country, through Law 4/2010, of March 10, for the execution in the European Union of judicial confiscation orders and the Organic Law 3/2010, of March 10, of amendment of the Organic Law 6/1985, of July 1, of the Judiciary and complementary of the previous one.

In 2008, there were several framework decisions on mutual recognition of judicial decisions adopted in criminal matters. First of all, the Framework Decision 2008 /909/JHA of 27 November 2008 on the application of the principle of mutual recognition of judgments in criminal matters imposing penalties or other custodial measures on freedom of movement was adopted. effects of its implementation in the European Union. It allows a conviction to be enforced in another Member State where a penalty or a custodial measure is imposed in another Member State where it contributes to facilitating the reinsertion of the sentenced person. It also adopted Framework Decision 2008 /947/JHA of 27 November 2008 on the application of the principle of mutual recognition of judgments and decisions on freedom to provide services with a view to the monitoring of the probation and substitute penalties, which allows the person to be transferred to another Member State other than the one in which he or she is liable to monitor compliance by the sentenced person of the probation measures or of the substitute penalties previously imposed on the former. Finally, in 2008, the Framework Decision 2008 /978/JHA of 18 December 2008 on the European Evidence Warrant for the collection of objects, documents and data for criminal proceedings, which consists of a a judicial decision issued by the competent authority of a Member State in order to collect objects, documents and data from another Member State for use in criminal proceedings.

In 2009, the first amending Framework Decision of previous ones, Framework Decision 2009 /299/JHA of 26 February 2009 amending Framework Decisions 2002 /584/JHA, 2005 /214/JHA, was approved in this field. 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 absence of a hearing imputed. These rules also include Framework Decision 2009 /829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition of decisions on surveillance measures as a replacement for the provisional prison, which allows the judicial authorities of a Member State to supervise those decisions taken in criminal proceedings in another Member State for which a natural person is imposed one or more measures for the surveillance of provisional freedom.

Finally, as a result of the changes introduced by the Treaty of Lisbon into the structure of the European Union and its regulatory instruments, the first directive in this area was adopted on 13 December 2011. This is Directive 2011 /99/EU of 13 December 2011 on the European protection order, which is also incorporated into this Law, and which aims to extend the protection which the authority has imposed through the relevant measures the competent authority of a Member State to protect a person against possible criminal acts from another Member State, to the territory of the Member State to which that person moves to reside or stay for a certain period of time.

In the face of this prolific regulatory task of the institutions of the European Union, the Member States have an obligation to deal with intense legislative work to incorporate the provisions adopted up to the time. In Spain, moreover, if the regulatory technique employed so far in the transposition of the first four framework decisions did not change, this would entail enormous regulatory production, not only because of the multiple laws that would have to be adopted, but also for the consequent complementary organic laws that would subject to constant modifications to the Organic Law of the Judiciary.

Therefore, it has been decided to modify the regulatory technique used so far in the incorporation of these European standards, in order both to ensure better transposition, and to reduce the regulatory dispersion and complexity of an order which, at the end of the day, must enable the various legal operators to apply the law in an already complex and new field.

In this way, this Law gives the technique of the individual incorporation of each framework decision or European directive into an ordinary law and its corresponding supplementary organic law, and it is presented as a text This is a joint venture, in which all the framework decisions and the directive adopted to date on the mutual recognition of criminal decisions are brought together. It includes both those already transposed into our law and those that are pending, avoiding the stated normative dispersion and facilitating their knowledge and management by the legal professionals. In addition, it is articulated through a scheme in which it is easy to incorporate future directives that can be adopted in this field.

This Law is accompanied by an Organic Law amending the Law of the Judicial Branch, which avoids the continuous reforms that it would have to be subjected to if the transposition task was carried out in a manner individualized.

III

The Law is part of a brief preliminary title, to be structured below in a series of titles. The first of these titles contains the regime of both the transmission and the recognition of criminal decisions in the European Union, including rules of application to the various instruments, but also of a smaller scope in relation to the with only one or more of these instruments. In this way, in each individual case, the applicators are called upon to follow these general rules that ensure the coherence of the set, as well as the specific provisions of each of these instruments.

The following titles regulate each of the instruments of mutual recognition, following an identical scheme in which common rules are distinguished, others intended to indicate to the competent judicial authority in each case how to transmit to other Member States a resolution of mutual recognition and, at last, others laying down the rules for implementing the resolutions transmitted by the competent authorities of the other Member States in Spain. The final part of the Act contains three additional provisions, three transitional provisions, one derogating provision, four final provisions and 13 annexes. The latter incorporate the forms or certificates to be used by the Spanish judicial authorities for the transmission of judicial decisions or to make those notifications required by law.

IV

The preliminary title contains the basic provisions that make up the legal regime for the mutual recognition of criminal decisions in the European Union. The Law lists these judicial decisions that it then regulates, establishes respect for fundamental rights and freedoms as the main criterion of action, the application of the Law of Criminal Procedure in this field, as well as to be understood by the issuing and executing State. The Law of the need to know the dynamics of these forms of judicial cooperation is not forgotten by its reflection on statistical data.

V

Title I contains the general rules for the transmission and recognition and enforcement of instruments of mutual recognition in the European Union. An effort is made here to identify the common elements found in the different rules of mutual recognition of judicial decisions in criminal matters. These provisions have come to generalize rules that the European Union's framework decisions had taken with disparate formulations and whose uncritical incorporation would have generated differences lacking justification, complicating at the same time. the application of this Law.

In this way, the basic characteristics of the new system of judicial cooperation based on mutual recognition are recognized in this Title. Its articles contain the common rules governing both the transmission of European orders and judicial decisions to other Member States, such as their implementation in Spain, the general grounds for refusal of recognition and enforcement, and rules on resources, expenses and allowances and reimbursements, among others.

Competition both for the transmission and for the execution of the various instruments of mutual recognition is distributed between the Judges and Courts and the Fiscal Ministry. The law generalizes the pre-tax hearing when it is a judge or tribunal that is aware of any of the instruments.

Special relevance has the list of criminal categories to which the principle of double criminality will not apply, in which it expresses the basic commitment of the countries of the European Union to renounce the demand control of double criminality for a number of infringements. In this way, judgments handed down in other Member States and forwarded to Spain for recognition and enforcement shall not be subject to the control of double criminality by the Spanish Judge or Court, in so far as it is refer to any of the offences listed and provided that the conditions required for each type of judgment are met. As a consequence of the action of the principle of mutual recognition, the decision of the competent authority to recognise and execute the European order agreed by the foreign judicial authority is almost automatic without the need to verify its conformity with its internal legal order, and the cases of refusal of the execution of the decision transmitted to causes assessed and strictly provided for in this Law are limited.

These general rules highlight the peculiarity of mutual recognition resulting from the direct relationship between judicial authorities of the different States. A characteristic whose implementation requires the immediate communication of the various decisions to be taken in each case and the previous consultations in many cases where they will enable the competent authorities to assess the whether or not to use these instruments.

The importance of these precepts of application to the set of instruments of mutual recognition is evidenced by its content, which includes issues such as notifications, translations, system of resources, assumptions common suspension or denial of enforcement of a resolution transmitted in our country, among others.

VI

Title II is the first to be devoted to a particular instrument, which is the European arrest and delivery order, the rules of which not only follow what has so far been regulated by Law 3/2003, of 14 March, on the The European Council of the European Union, the European Parliament, the European Parliament, the European Parliament, the European Parliament, the European Parliament, the European Parliament, the European Parliament and the Council. This has led to the strengthening of legal guarantees, in particular with the introduction of the proportionality criterion, some improvements in regulatory techniques and other changes aimed at improving the practical application of the rule. This procedure allows any Spanish judicial authority to request the surrender of a person to another Member State for the purposes of monitoring criminal proceedings or for the fulfilment of a sentence imposed, as well as proceed to delivery when he has received a European arrest and surrender order from the judicial authority of another Member State.

VII

Title III aims at resolutions for the enforcement of custodial sentences or measures of liberty. A framework decision which has so far not been transposed is incorporated in these precepts, which allows a conviction to be issued in one Member State to be enforced in another Member State in order to facilitate the social reintegration of the condemned. The Spanish judicial authorities may, therefore, transmit sentences to other States, where penalties or custodial measures are imposed and the conditions laid down by the law must be complied with. those that have been transmitted to them in the same way.

VIII

For its part, Title IV contains the rules of the so-called probation resolution, which establish the regime for the transmission and execution of resolutions adopted in the framework of consecutive measures to condemn. This title contains both the procedure by which the Spanish judicial authorities may transmit a decision imposing a measure of probation or a replacement penalty, such as the procedure for the execution of such a measure. resolutions in Spain where they have been issued in other Member States. The mutual recognition of these resolutions is intended to increase the chances of social reinsertion of the sentenced person by allowing him to maintain his family, linguistic and cultural ties, as well as to improve the control of compliance with the measures of probation and alternative penalties in order to avoid recidivism, taking into account the principle of the protection of victims.

IX

Title V is dedicated to the resolution on measures for the surveillance of provisional freedom, which allows a State other than the one that imposed the surveillance measure to be able to monitor its compliance when it is requested to do so. and provided that the legally established requirements are met. In this way, better management of the action of States in this criminal area is achieved and a resident in a Member State is prevented from being taken out of his or her surroundings as a result of the commission of a criminal offence during the time until the conclusion of the trial. This also means that greater public security is achieved by allowing a person who is subject to criminal proceedings in a Member State other than that of his or her residence to be monitored by the authorities of the latter pending the conclusion of the trial, avoiding the use of more repressive institutes such as temporary or more insecure prison, such as unguarded provisional freedom.

X

Title VI regulates the transmission and enforcement in another Member State of a European protection order. This order is a criminal decision which may be taken by the competent authority of any Member State in relation to a protection measure previously adopted in that State, which empowers the competent authority of another Member State. to take appropriate measures in favour of victims or potential victims of crimes who are in danger, when they have moved to their territory. This regulation allows the protection measures adopted in favour of a victim to accompany it anywhere in the European Union to which it is displaced, occasionally or permanently. The cause of this danger will also have to deal with the consequences of non-compliance with this European order.

The measures envisaged would be characterised by their flexibility to adapt to the protection needs of the victim at any time, which means that the competent authority may also agree to extend, review, modification or revocation. In this way, it is ensured that protective measures issued in any Member State in favour of a person who is threatened are effective throughout the territory of the Union.

XI

Title VII establishes the regime for the recognition of the freezing of the freezing of assets or of the assurance of evidence, including, with some modifications, the provisions of Law 18/2006, of 5 of (a) June, for the effectiveness in the European Union of the resolutions of embargo and the assurance of evidence in criminal proceedings. This mechanism will be transmitted by the Spanish judicial authorities to the measures of freezing of goods or of securing of evidence agreed in criminal proceedings to other Member States where the objects, data or documents that are the subject of the measure. The way in which the Spanish judicial authorities are to recognise and comply with such decisions when they come from a judicial authority in another Member State is also determined. It is important to highlight how the concept of insurance measure applied to this instrument includes measures that affect those goods in the process that are sufficient to cover their pecuniary responsibility. The requirements of mutual recognition include in this instrument a wide range of measures to ensure the body of the crime, such as its collection, blocking, preservation, intervention, seizure or filing of a judicial deposit. All this with due guarantees that protect the rights that assist the parties and the third parties in good faith.

XII

Title VIII is intended to provide for the regime of the confiscation order and incorporates, with some adaptations, the content contained in Law 4/2010 of 10 March for the implementation in the European Union of resolutions Confiscation of the property. In this way, it regulates the procedure through which the Spanish judicial authorities will transmit those firm judgments imposing a confiscation, to other Member States of the European Union, and establishes the the way in which the Spanish judicial authorities are to recognise and implement such decisions when they are transmitted to it by another Member State. It is already known that the rules of the European Union have had in this area to specify the concept of confiscation, which reaches out to property which comes from criminal activities carried out by the sentenced person for a period of time. prior to the conviction, or where it is known that the value of the property is disproportionate to the legal income of the convicted person and a national judicial authority, based on specific facts, is fully convinced of their 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 the problems arising from the doubts of the location of the goods being seized are addressed, and before 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.

XIII

Title IX is intended to regulate the resolution requiring the payment of a financial penalty, incorporating with slight modifications the content of Law 1/2008 of 4 December for the implementation in the European Union of decisions imposing financial penalties. These rules determine the procedure by which the Spanish judicial authorities are to transmit those final decisions requiring the payment of a financial penalty to a natural or legal person such as the consequence of the commission of a criminal offence, to other Member States of the European Union in which that person has property, to obtain income or to have his habitual residence. It also regulates the procedure by which the Spanish judicial authorities are to recognise and execute such decisions when they are transmitted to them by another Member State and the sentenced person has such property, income or residence. in our country.

It should be clarified that the concept of pecuniary sanction of this instrument does not relate only to that amount of money required in respect of a fine imposed as a result of the commission of an infringement, but also to the imposed in the same judgment as court costs, as compensation for the benefit of the victims or for a public fund or organisation to support the victims. In addition, the penalties imposed may result from the commission of an infringement of a criminal or administrative nature, in the terms that are regulated.

XIV

The last title, the X, regulates the European Evidence Warrant that incorporates a new framework decision in regulating the rules on the transmission and execution of that resolution that the Spanish authorities can send or to receive from another Member State in order to collect objects, documents and data for use in criminal proceedings. The European Evidence Warrant may also refer to proceedings initiated by the competent authorities of other Member States of the European Union by the Commission on facts established as administrative offences in their own country. order, where the decision may give rise to proceedings before a court in the criminal order. This is not the case for the administrative offences committed in Spain, because in our right the competent administrative authorities are not in the situation provided for in the European standard, since their decisions are used on the road administrative and non-criminal proceedings; this has prevented their inclusion within this mechanism of cooperation. Note that the intervention of the Spanish Judge or Prosecutor in the execution of this resolution when transmitted by another State allows to dispense with the requirement of validation by that issuing authority, as the Judge or the Prosecutor assess the proportionality of the measure requested and whether it entails a limitation of fundamental rights.

XV

A mention must be made of the annexes which close the law and in which the models of the forms and the certificates through which the communications between judicial authorities in the Union are carried out European. These are identical forms and certificates in all countries, so they are perfectly understandable from the model translated into each language, giving this relationship of greater agility and legal certainty.

XVI

In short, this Law is configured as an integrative instrument that, in addition to complying with European regulatory obligations, responds to the commitment to improve criminal judicial cooperation in the European Union. and the fight against crime, guaranteeing the security and rights of citizens as an inalienable end of the State.

PRELIMINARY TITLE

General arrangements for mutual recognition of criminal decisions in the European Union

Article 1. Mutual recognition of criminal decisions in the European Union.

In application of the principle of mutual recognition of criminal decisions in the area of freedom, security and justice of the European Union, the Spanish judicial authorities that dictate an order or resolution within the regulation of this Law may be transmitted to another Member State for recognition and enforcement.

In application of the principle of mutual recognition of criminal decisions, the competent Spanish judicial authorities shall recognise and execute in Spain within the prescribed period, European orders and criminal decisions provided for in this Law where they have been correctly transmitted by the competent authority of another Member State and no grounds for refusal of recognition or enforcement are met.

Article 2. Instruments of mutual recognition.

1. An instrument of mutual recognition means a European order or a resolution issued by the competent authority of a Member State of the European Union which is transmitted to another Member State for recognition and enforcement in that Member State.

2. The instruments of mutual recognition regulated in this Law are as follows:

a) The European arrest and delivery order.

b) The resolution imposing a custodial sentence or measure of liberty.

c) The probation resolution.

(d) The resolution on measures for the surveillance of provisional freedom.

e) The European protection order.

f) The freezing order of goods or evidence assurance resolution.

g) The confiscation order.

h) The resolution imposing pecuniary sanctions.

i) The European Evidence Warrant.

Article 3. Respect for fundamental rights and freedoms.

This Law shall be applied in compliance with the fundamental rights and freedoms and the principles enshrined in the Spanish Constitution, in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union. European Union, and the European Convention on Fundamental Rights and Freedoms of the Council of Europe of 4 November 1950.

Article 4. Legal regime.

1. The recognition and enforcement of the instruments of mutual recognition referred to in Article 2 shall be governed by the provisions of this Law, the rules of the European Union and the international conventions in force in which Spain is part. In the absence of specific provisions, the legal regime provided for by the Criminal Procedure Act shall apply.

2. The provisions of Title I shall apply without prejudice to the specific rules corresponding to each instrument of mutual recognition provided for in the other titles of this Act.

3. The interpretation of the rules contained in this Law shall be carried out in accordance with the rules of the European Union regulating each of the instruments of mutual recognition.

Article 5. Issue Status and Execution Status.

It is understood by:

(a) State of issue: the Member State of the European Union in which the competent authority has issued an order or resolution of those regulated in this Law to the effect that it is recognised and enforced in another Member State.

(b) State of enforcement: the Member State of the European Union to which an order or judgment has been transmitted by the competent judicial authority of another Member State for recognition and enforcement.

Article 6. Duty of information to the Ministry of Justice. Central Authority.

1. The Judges or Courts that transmit or execute the instruments of mutual recognition provided for in this Law shall reflect it in the quarterly statistical bulletins and shall forward it to the Ministry of Justice.

2. The Office of the Prosecutor General of the State shall send the Ministry of Justice a list of the instruments of mutual recognition issued or executed by representatives of the Public Ministry.

3. The Ministry of Justice shall be the Central Authority to which the task of helping the judicial authorities corresponds.

TITLE I

General framework for the transmission, recognition and enforcement of instruments of mutual recognition in the European Union

CHAPTER I

Transmission by the Spanish judicial authorities of instruments of mutual recognition

Article 7. Issuance and documentation of orders and resolutions for enforcement under the principle of mutual recognition.

1. Where the effectiveness of a Spanish criminal decision requires the practice of procedural actions in another Member State of the European Union, in the case of a mutual recognition instrument regulated in this Law, the Spanish judicial authority document on the mandatory form or certificate, which shall be transmitted by the competent authority of the other Member State to the competent authority of the other Member State.

The evidence of the criminal decision on which the certificate is based shall be sent compulsorily together with the certificate, except in the case of a European arrest and delivery order, a European test warrant or an order European protection, which will be documented exclusively through the appropriate form.

The original of the resolution or certificate will be sent only when requested by the executing authority.

2. The certificate or form shall be signed by the competent judicial authority to issue the resolution that is documented.

3. The certificate or form shall be translated into the official language or one of the official languages of the Member State to which it is addressed or, where appropriate, to an official language of the Community institutions which would have accepted that State, unless Conventional provisions allow, in relation to that State, their remission in Spanish.

The criminal resolution shall only be translated when required by the executing judicial authority.

Article 8. Transmission of orders and resolutions for enforcement under the principle of mutual recognition.

1. The transmission of the instruments of mutual recognition, as well as any other notification carried out under this Law, shall be made directly to the competent judicial authority of the executing State, through any means which it leaves a written record in a condition to prove its authenticity.

Any difficulties arising in connection with the transmission or authenticity of any document necessary for the execution of an instrument of mutual recognition shall be resolved by direct communication between the authorities. the judicial authorities involved or, where appropriate in relation to a European arrest and delivery order or a European test warrant, with the participation of the central authorities of the Member States.

2. Where the competent judicial authority of enforcement is not known, the relevant information shall be requested by all the necessary means, including the Spanish contact points of the European Judicial Network (EJN) and other cooperation networks existing.

3. The instruments of mutual recognition regulated in this Law may be transmitted to the competent judicial authority, with the collaboration of the National Member of Spain in Eurojust, where appropriate, in accordance with the regulatory rules of the same.

Article 9. Mandatory information for Eurojust in relation to instruments of mutual recognition.

1. Where an instrument of mutual recognition directly affects at least three Member States and at least two Member States have been sent requests or decisions for judicial cooperation, Eurojust shall be informed on the terms of the instrument of mutual recognition. to set your rules.

2. The judicial authority which is familiar with the procedure may agree that the information is accompanied by a request for assistance from Eurojust.

Article 10. Description of the crime and the penalty.

The judicial authority issuing the form or the certificate in which the judicial decision is documented, the execution of which is transmitted to another Member State of the European Union, shall specify whether the offence covered by the decision The Court of Justice has held that, in the case of the Court of Justice of the European Union, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that deprivation of liberty.

Article 11. Loss of the execution character of the resolution whose execution has been transmitted.

The Spanish issuing judicial authority shall immediately inform the executing authority of the adoption of any decision or measure intended to leave the executing character of the order without effect. resolution whose execution has been previously transmitted, requesting the return of the form or certificate.

Article 12. Transit by another Member State of the claim by the Spanish judicial authority.

When the Spanish judicial authority issuing a European arrest and surrender order or a resolution imposing penalties or custodial measures states that the transit of the claim is necessary by a Member State other than the executing State, it shall require the Ministry of Justice to request the authorization, by sending a copy of the judgment and of the issued certificate, translated into one of the languages accepted by the State of transit.

The Ministry of Justice will request information from the State of transit on whether it can guarantee that the sentenced person will not be persecuted, detained or subjected to any other restriction of their individual freedom on their territory, by facts or previous convictions. Where appropriate, the Ministry of Justice may, at the request of the issuing judicial authority, withdraw the application.

Article 13. Appeals against decisions on the transfer of instruments of mutual recognition.

1. Against the decisions on which the transmission of an instrument of mutual recognition is agreed, the resources provided for in the Spanish legal order may be brought in, which will be dealt with and resolved exclusively by the authority. Spanish judicial competent under Spanish law.

2. In the event of an appeal, the Spanish judicial authority shall immediately inform the authority that it is aware of the execution.

3. In the event of a pardon affecting the contested decision, the Spanish judicial authority shall immediately inform the authority that it is aware of the execution.

The grant of the pardon may not, in any case, reach the concept of costs or administrative expenses generated in the process, nor the compensation granted for the benefit of the victim.

4. No recourse shall be made against the decision to transmit an instrument of mutual recognition agreed by the Ministry of the Prosecutor's Office in its investigation, without prejudice to its assessment subsequently in the relevant proceedings. in accordance with the provisions of the Criminal Procedure Act.

Article 14. Expenses.

The Spanish State shall finance the costs incurred in the execution of an order or resolution of mutual recognition transmitted to another Member State, except for those incurred in the territory of the executing State.

If the execution of a judicial confiscation order issued by the Spanish Judge or Tribunal received communication from the executing State proposing a distribution of the expenses incurred, the judicial secretary, within the Five days after receipt of this communication, the Spanish Ministry of Justice shall be directed to the Spanish Ministry of Justice to accept or reject the proposal of the executing State and to reach an agreement on the distribution of the costs.

Article 15. Compensation and reimbursements.

Unless otherwise provided by this Law, the Spanish State will only reimburse the executing State for the amounts paid by it for compensation for damages caused to third parties as a result of the execution of the order or resolution referred to, provided that they are not exclusively due to the activity of that State.

CHAPTER II

Recognition and enforcement by the Spanish judicial authorities of mutual recognition instruments

Section 1. General Provisions

Article 16. Immediate recognition and execution.

1. The competent Spanish judicial authorities shall recognize and execute without further formalities than those established in this Law, within the period stipulated in it for each case, the order or resolution whose execution has been transmitted by an authority judicial of another Member State.

2. The decision declaring that the judicial authority which has received the order or the decision does not have the competence to implement it shall also agree to its immediate referral to the competent judicial authority, notifying that decision to the Tax Ministry and the judicial authority of the issuing State.

3. The decision declaring the refusal of recognition or enforcement of the court order or judgment transmitted for execution in Spain must also give an immediate and direct return to the issuing judicial authority when the auto be firm.

Article 17. Translation of the certificate.

1. Where the form or certificate is not translated into Spanish, it shall be returned immediately to the judicial authority of the issuing State which has signed it for the translation concerned, unless a convention in force with that State or a declaration deposited with the General Secretariat of the Council of the European Union allows the consignment to be sent in that other language.

2. It shall not be compulsory for the judicial decision on which the certificate is based to be translated into Spanish, without prejudice to the judicial authority requesting its translation when it considers it essential for its implementation.

Article 18. Practice of communications.

1. The Spanish judicial authorities shall accept the sending of certified mail or electronic or telematic means if the documents are signed electronically and allow verification of their authenticity. Communications made by fax will also be permitted, and then the original documentation will be required to be sent to the issuing judicial authority, the receipt of which will determine the beginning of the computation of the deadlines. provided for in this Law.

2. The communications to the issuing authority which must be made pursuant to this Law by the Spanish judicial authority shall be direct and may be cured in Spanish by registered post, electronic means or fax, without prejudice to the sending of the appropriate testimony to the foreign authority if required.

Article 19. Certificate Subhealing.

1. In cases of failure of the form or certificate, where the certificate is lacking or is manifestly not in accordance with the judgment in which it is carried out, the judicial authority shall communicate it to the issuing authority by setting a time limit. for the certificate to be presented again, completed, or modified.

2. In the case of a freezing of assets or of evidence, the judicial authority may adopt, after hearing the Ministry of Public Prosecutor's Office for a period of three days, and at the same time, any of the following decisions:

a) Set a deadline for the certificate to be present again or to be completed or modified.

b) Accept an equivalent document from the competent authority of the issuing State that completes the necessary information.

c) Disthink the issuing judicial authority if it considers the information provided to be sufficient.

3. In cases where its transmission is mandatory, the judicial decision whose enforcement has been requested is missing, the judicial authority shall agree a time limit for its referral by the issuing judicial authority.

Article 20. Lack of control of double typing and its exceptions.

1. Where an order or judgment given in another Member State is transmitted to Spain for recognition and enforcement, these instruments shall not be subject to the control of double criminality by the Spanish Judge or Court, in so far as it is refer to any of the offences listed below and meet the conditions required by the Act for each type of mutual recognition instrument.

The offenses 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.

Computer Crimes.

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

Help in illegal entry and residence.

Voluntary homicide and assault with serious injuries.

Illicit human organ and tissue trafficking.

Kidnapping, illegal detention 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 or radioactive materials.

Traffic in stolen vehicles.

Violation.

Arson.

Crimes included in the jurisdiction of the International Criminal Court.

Hijacking of aircraft and ships.

Sabotage.

2. For the mutual recognition of judgments imposing pecuniary sanctions, in addition to those referred to in the preceding paragraph, those judgments which punish acts shall not be subject to the principle of double criminality. prosecuted as one of the following offences or offences:

Conduct contrary to traffic legislation, including violations of driving and rest legislation and regulatory standards for the transport of dangerous goods.

Merchandise smuggling.

Infringements of intellectual and industrial property rights.

Threats and acts of violence against people, including violence during sporting events.

Vandalism.

Theft.

Infringements established by the issuing State under Community rules.

3. The mutual recognition and enforcement of European protection orders shall always be carried out with the control of double criminality.

4. Where the court order or judgment which is received is punishable as a crime other than that provided for in this Article, its recognition and enforcement may be subject to compliance with the requirement of double criminality, the conditions required by the Law for each instrument of mutual recognition are met.

However, where the order or resolution has been imposed for a criminal offence in tax, customs or change control, the enforcement of the judgment may not be refused if the basis is that the Spanish legislation does not set the same tax or does not contain the same tax, customs and change control regulation as the legislation of the issuing State.

Article 21. Rules applicable to the execution.

1. The execution of the order or resolution which has been transmitted by another Member State shall be governed by Spanish law and shall be carried out in the same way as if it had been issued by a Spanish judicial authority.

Notwithstanding the foregoing, the competent Spanish judicial authority shall observe the formalities and procedures expressly indicated by the judicial authority of the issuing State provided that these formalities and procedures are not are contrary to the fundamental principles of the Spanish legal order.

2. The execution of the order or resolution shall be in accordance with the terms of the order or resolution, and may not be extended to persons, goods or documents not covered by it, without prejudice to the provisions of the European Evidence Warrant.

Article 22. Notification of recognition and enforcement. Hearing.

1. Where the person concerned has his registered office or residence in Spain and unless the foreign procedure has been declared secret or his notification has been thwarted, the foreign court orders or decisions shall be notified to him. whose execution has been requested.

The practice of this notification will result in the recognition of the right to intervene in the process, if you have it as appropriate, by standing with a lawyer and attorney.

2. The Spanish judicial authority shall inform the competent judicial authority of the issuing State and the Prosecutor's Office, without delay, of the decision to acknowledge or refuse the order or resolution transmitted or of any incident which may affect its implementation, in particular in cases where it is not possible to implement alternative measures not provided for in Spanish law.

3. The exercise of the right of hearing of the person in the course of proceedings may be carried out through the application of the instruments of international law or of the European Union which provide for the possibility of holding hearings by means of telephone or videoconferencing.

Article 23. Suspending the execution of the resolution.

1. The execution shall be suspended for any of the reasons provided for by law and where the issuing judicial authority informs the Spanish executing authority of the loss of the enforceable character of the court order or judgment. transmitted.

2. The Spanish judicial authority shall immediately inform the judicial authority of the issuing State of the suspension of the execution of the court order or judgment received, the reasons for the suspension and, if possible, the duration of the suspension.

3. As soon as the grounds for suspension are removed, the Spanish judicial authority shall take immediate action to execute the court order or judgment, and shall inform the competent judicial authority of the State of issue.

4. If the cause of suspension were to be expected to not be raised, the form or certificate shall be returned with all the action of the issuing judicial authority.

Article 24. Resources.

1. Decisions taken by the Spanish judicial authority to resolve the European instruments of mutual recognition may be brought to the proceedings under the general rules laid down in the Law of Criminal prosecution.

The application of the application may suspend the execution of the order or judgment where it could create irreversible situations or cause damage to impossible or difficult repair, in any event the measures taken Precautionary measures to ensure the effectiveness of the resolution.

2. The competent judicial authority shall communicate to the judicial authority of the issuing State both the interposition of an appeal and its reasons and the decision to be taken on it.

3. The reasons for the adoption of the order or resolution may be challenged only by an action brought in the Member State of the issuing judicial authority.

4. Against the decisions of the Ministry of Public Prosecutor for the implementation of the instruments of mutual recognition, no recourse shall be made, without prejudice to possible challenges to the fund before the issuing authority and its subsequent assessment in the the criminal procedure to be followed in the issuing State.

Article 25. Expenses.

1. The costs incurred in Spanish territory for the implementation of an instrument of mutual recognition shall be borne by the Spanish State. Other expenditure and, in particular, the costs of moving persons convicted and those incurred exclusively in the territory of the issuing State shall be borne by the latter.

2. In the execution of the confiscation order, if Spain has incurred exceptional expenses, the judicial authority may make this circumstance manifest, directing communication to the Spanish Ministry of Justice in order to ensure that the latter, if it considers it appropriate, make a proposal to the issuing State on a possible distribution of the costs incurred and reach the agreement as appropriate.

Article 26. Compensation and reimbursements.

The Ministry of Justice will ask the issuing State to refund the amounts that, according to Spanish legislation, have had to pay in compensation for damages caused to third parties, always and where these are not exclusively the responsibility of Spain for the abnormal functioning of the Administration of Justice or for judicial error.

Article 27. Transit of persons by Spanish territory in respect of a European order or judicial decision transmitted by another Member State.

1. The Ministry of Justice shall be competent to authorise the transit through Spanish territory of a person being transferred from the executing State of a European arrest and surrender order or of a decision imposing a penalty or a custodial measure to the issuing State, provided that the issuing State submits the transit request accompanied by a copy of the certificate issued for the execution of the decision.

The Ministry of Justice may request the issuing State to send you a copy of the form or certificate translated into Spanish.

2. The Ministry of Justice shall inform the issuing State if it cannot guarantee that the sentenced person will not be persecuted, detained or subjected to any other restriction of his individual freedom in Spain, by facts or convictions prior to his departure from the Execution status.

3. The Ministry of Justice shall communicate its decision to the competent authority of the issuing State within a maximum of one week from receipt of the application, except where it has requested the translation of the form or certificate, in where the case may be deferred until the translation is received.

In no case may the detention of the person be prolonged beyond the time strictly necessary for the execution of the transit.

4. No request for transit shall be required in the case of non-stop air traffic, except in the case of a forced landing, in which case the Ministry of Justice shall give its authorisation within 72 hours.

Article 28. Transit of the claim by a third Member State in an execution agreed by the Spanish authority.

Where the transit of the claim is necessary under a European arrest and surrender order or a decision imposing a custodial sentence or a custodial measure by a third Member State, the judicial authority Spain shall bring it to the attention of the judicial authority of foreign issuance, in order to ensure that the competent authority of the State of transit is authorised by that authority.

Section 2. Refusal of recognition or enforcement of an instrument of mutual recognition

Article 29. Refusal of recognition or enforcement of an instrument of mutual recognition.

Only the recognition or enforcement of an instrument of mutual recognition which has been correctly transmitted by the competent authority of another Member State of the European Union may be refused in a reasoned manner. when any of the reasons set out in this Law are present.

Article 30. Request for supplemental information.

In cases where a cause of refusal of recognition or enforcement which so warrants or a subsable defect in the issue or transmission may arise, the competent judicial authority may request information. supplementary to the issuing State authority, setting a time limit in which such information is to be transmitted.

Article 31. Request for the lifting of immunities.

1. Where, in relation to the purpose of the instrument of mutual recognition, there is immunity from jurisdiction or enforcement in Spain, the Spanish judicial authority shall, without delay, request the lifting of that privilege if it is to do so outside the competence of a Spanish authority. If the lifting is the responsibility of another State or an international organisation, it shall be the responsibility of the judicial authority which issued the order or resolution whose execution is intended to be carried out by the Spanish judicial authority of execution shall inform the issuing of such circumstance.

2. As long as the request for withdrawal of the immunity referred to in the previous paragraph is resolved, the executing Spanish judicial authority shall, where appropriate, adopt the precautionary measures which it considers necessary to ensure the effective application of the immunity. execution of the order or resolution once immunity is lifted.

3. Where the Spanish judicial authority implementing the withdrawal of immunity has been informed, the time limits provided for in this Law for the implementation in question shall be taken into account.

Article 32. General grounds for refusal of recognition or enforcement of the measures requested.

1. The Spanish judicial authorities shall not recognise or execute the orders or resolutions transmitted in the regulated cases for each instrument of mutual recognition and, in general, in the following cases:

(a) Where a firm, damning or absolute decision has been made in Spain or in another State other than that of issue, against the same person 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 in international conventions and treaties in which Spain is a party and even if the sentenced person had subsequently been pardoned.

(b) Where the order or judgment relates to facts for which the Spanish authorities are competent and, if the sentence is handed down by a Spanish court, the penalty imposed would have been compliance with Spanish law.

(c) Where the form or certificate to accompany the application for the adoption of the measures is incomplete or manifestly incorrect or does not respond to the measure, or where the certificate fails, without prejudice to the provided for in Article 19.

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

2. The Spanish judicial authority may also refuse the recognition and enforcement of a judgment where it has been imposed for an infringement other than those referred to in Article 20 (1) which is not established in the Spanish law, or in paragraph 2 of the same article, where it is also not typified in Spain and is a resolution imposing financial penalties.

3. The Spanish judicial authority may refuse the recognition and enforcement of an order or judgment where it relates to facts which the Spanish law considers to be committed in its entirety or in an important or fundamental part of the territory

4. Decisions to refuse recognition or enforcement of measures shall be taken without delay and in a reasoned manner and shall be notified immediately to the issuing judicial authorities and to the Prosecutor's Office.

5. The grounds for non-recognition or non-enforcement listed in paragraph 1 (c) and in paragraph 3 of this Article shall not apply in relation to the measures for the freezing of assets or the security of evidence.

Article 33. Decisions rendered in the absence of the imputed.

1. The Spanish judicial authority shall also refuse the execution of the order or judgment which has been transmitted to it where the person concerned has not appeared in the judgment of which the decision derives, unless on the same record, according to the other requirements laid down in the procedural law of the issuing State, one of the following circumstances:

(a) That, in good time, the imputed was cited in person and informed of the date and place intended for the judgment of which that resolution was derived, or received such official information by other means to leave evidence of their effective knowledge and who, moreover, was informed that a decision could be made in the event of an appearance.

b) That, having knowledge of the date and place planned for the trial, the imputed appointed counsel to his defense in the trial and was effectively defended by this in the trial held.

c) That, after being notified of the decision and expressly informed of his right to a new trial or an appeal with the possibility that in that new trial, in which he would be entitled to appear, a Contrary to the initial judgment, 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.

2. This provision shall not apply to decisions requesting the carrying out of a preventive seizure of goods or an assurance of evidence, to the European Evidence Warrant, or to the resolutions imposing measures. alternatives to the provisional prison.

TITLE II

European Arrest and Delivery Order

CHAPTER I

General provisions

Article 34. European arrest and delivery order.

The European arrest and surrender order is a judicial decision given in a Member State of the European Union with a view to the arrest and delivery by another Member State of a person to whom it is claimed for the exercise of criminal proceedings or for the execution of a custodial sentence or a custodial measure or measure of detention in the centre of minors.

Article 35. Competent authorities in Spain to issue and execute a European arrest and delivery order.

1. They are judicial authorities competent to issue a European arrest warrant and surrender the Judge or Court that is aware of the cause in which such orders are made.

2. The judicial authority responsible for executing a European arrest warrant shall be the Central Judge for the Instruction of the National Court. Where the order relates to a minor the jurisdiction shall be the responsibility of the Central Child Judge.

Article 36. Content of the European arrest and delivery order.

The European arrest and delivery order shall be documented in the form set out in Annex I, with the express reference to the following information:

a) The identity and nationality of the person claimed.

(b) The name, address, telephone number, fax number and e-mail address of the issuing judicial authority.

c) The indication of the existence of a firm judgment, an arrest warrant or any other executive court decision having the same force as provided for in this Title.

d) The nature and legal classification of the crime.

e) A description of the circumstances in which the offence was committed, including the time, place and degree of participation in the person claimed.

f) The penalty given, if there is a firm sentence, or the scale of penalties that the legislation establishes for that crime.

g) If possible, other consequences of the offense.

CHAPTER II

Issuing and transmitting a European arrest and delivery order

Article 37. The purpose of the European arrest and delivery order.

The Spanish judicial authority may issue a European arrest and surrender order in the following cases:

(a) For the purpose of carrying out criminal proceedings, for those facts for which the Spanish criminal law indicates a penalty or a measure of custodial security of a maximum duration of at least 12 months, or of a closed detention measure of a child for the same period of time.

(b) In order to comply with a sentence to a sentence or a security measure of no less than four months of imprisonment, or of a closed detention measure of a child for the same period.

Article 38. A pre-issuance declaration of a European arrest and delivery order.

Prior to the issuance of a European arrest and delivery order, the competent Judge may request authorization from the State in which the requested person is located in order to make a statement through a application for judicial assistance under the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000.

Article 39. Requirements for the issuance in Spain of a European arrest and delivery order.

1. The Spanish judicial authority may issue a European arrest and surrender order for the exercise of criminal proceedings when, in addition to the requirements laid down in this Law, the provisions of the Law on Prosecution are also met. Criminal to agree to the preventive detention of the claimed or those of the Organic Law 5/2000, of January 12, regulating the criminal responsibility of minors, to agree the precautionary detention of a minor.

2. Furthermore, the Spanish judicial authority may only issue a European arrest and surrender order for the enforcement of the penalty for the claim when, in accordance with the conditions laid down in this Law, substitution and/or suspension of the custodial sentence to which he has been convicted.

3. Prior to the issue, the Judge shall agree by providing the transfer to the Prosecutor's Office and, where appropriate, the special charge for the report, which must be evacuated within two days, unless urgent reasons require that the a shorter period of time. Only if the Prosecutor's Office or, where appropriate, the particular prosecution is concerned with the issuing of the European arrest and surrender warrant for the exercise of criminal proceedings, may the Judge agree, by reasoned order.

Article 40. Transmission of a European arrest and delivery order.

1. Where the whereabouts of the requested person are known, the Spanish judicial authority may communicate directly to the executing competent judicial authority the European arrest and delivery order.

2. If the whereabouts are not known, the Spanish judicial authority may decide to enter a description of the person claimed in the Schengen Information System.

3. Without prejudice to paragraph 1, the Spanish judicial authority may, in all circumstances, decide to enter a description of the person claimed in the Schengen Information System.

4. These descriptions shall be carried out in accordance with the provisions of Article 95 of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders of 19 June 1985. of 1990. A description in the Schengen Information System, accompanied by the information set out in Article 36, shall be equivalent to all effects on a European arrest and delivery order.

5. If it is not possible to use the Schengen Information System, the Spanish judicial authority may use the Interpol services for the communication of the European arrest and delivery order.

6. The Spanish judicial authority shall transmit a copy of the European arrest and delivery orders sent to the Ministry of Justice.

7. The Ministry of the Interior shall communicate to the Ministry of Justice the detention and enforcement of the European arrest and surrender orders.

Article 41. Referral of supplementary information.

After the transmission of the European arrest and delivery order, the Spanish issuing judicial authority may refer to the executing judicial authority how much additional information is useful for proceeding to his/her execution, either ex officio, at the request of the Prosecutor's Office or, where appropriate, of the particular prosecution, as well as at the request of the executing authority itself.

Article 42. Request for the delivery of objects.

When the Spanish judicial authority issues a European arrest and surrender order, it may request, where necessary, the enforcement authorities that, in accordance with their domestic law, deliver the objects that constitute means of proof or effects of the offence and that the relevant insurance measures are taken.

The description of the requested objects will be entered in the Schengen Information System.

Article 43. Request for temporary and declaration of delivery in the executing State.

1. The temporary delivery of the claim may be requested only for the exercise of criminal proceedings against him, without it being possible for the claim to comply in Spain with a penalty already imposed.

2. Temporary delivery may be requested, even before the executing authority has given its opinion on the final delivery, in order to carry out the practice of criminal proceedings or the holding of the oral hearing.

3. For the same purpose, temporary delivery may be requested if the executing authority, after having agreed to the delivery of the requested person, decides to suspend the execution of the holding of judgment or the holding in the executing State. compliance with a penalty imposed for a fact other than the one that will motivate the European arrest and delivery order.

Article 44. Response in conditional delivery cases.

If the executing authority conditions the delivery of its national or resident to the delivery authority to be returned to the executing State for the purpose of the execution of the penalty or measure of security of liberty or of the measure of If the Spanish judicial authority is required to undertake such a decision, the Judge or Court shall hear the parties who have been appointed for three days, and after that they shall decide to self accepting the condition.

The order for the execution of the penalty or the custodial measure to be transmitted to the other State shall be binding on all judicial authorities which, where appropriate, are competent in the subsequent stages of the Spanish criminal procedure.

Article 45. Procedure where the claim is made available to the Spanish issuing judicial authority.

1. If the European arrest and delivery order has been issued for the exercise of criminal proceedings, where the claim is made available to the Spanish judicial authority which issued the order, an appearance shall be called for in the time limit. and form provided for in the Law of Criminal Procedure or, where appropriate, in the Organic Law regulating the criminal liability of minors, in order to resolve the personal situation of the detainee. The Spanish judicial authority shall deduct from the maximum period of remand any period of deprivation of liberty suffered by the claim arising from the execution of a European arrest and surrender order.

2. If the European arrest and delivery order had been issued for the purpose of a custodial sentence, where the claim is made available to the Spanish judicial authority which issued the order, the order shall be issued by the Spanish judicial authority. I am not sure that the European Parliament will be in a position to do so. The Spanish judicial authority shall deduct from the total period of deprivation of liberty to be fulfilled in Spain as a result of a sentence to a custodial sentence or measure of deprivation of liberty, any period of deprivation of liberty arising from the execution of a European arrest and delivery order.

Article 46. Communication of incidents to the Ministry of Justice.

The Spanish judicial authority shall inform the Ministry of Justice of the non-compliance with the time limits in the delivery of the detainee which are imputable to the executing State, as well as the refusals or repeated difficulties to the Ministry of Justice. recognition and enforcement of European arrest and delivery orders issued by Spain.

The Ministry of Justice shall communicate to Eurojust the repeated cases of non-compliance identified in the previous paragraph in the executions of European arrest and delivery orders issued by Spain.

CHAPTER III

Running a European stop and delivery order

Article 47. Facts that give rise to delivery.

1. Where the European arrest and surrender order has been issued for a crime belonging to one of the categories of offences listed in Article 20 (1) and that offence was punishable in the issuing State with a penalty or a penalty a measure of private security of liberty or a measure of detention under a closed procedure of a child whose maximum duration is at least three years, the surrender of the claimed person shall be agreed without checking the double criminality of the facts.

2. In the other cases not referred to in the preceding paragraph, provided that they are punished in the issuing State with a custodial sentence or measure of security or with a closed detention measure of a child whose a maximum period of at least 12 months or, where the complaint is for the purpose of complying with the sentence of a sentence or a security measure of not less than four months ' imprisonment, the surrender may be subject to the requirement that the facts justifying the issuing of the European arrest and surrender order are the constituent elements of a crime in accordance with Spanish legislation, irrespective of the constituent elements or the qualification of the constituent elements.

Article 48. Refusal to implement a European arrest and surrender order.

1. The Spanish executing judicial authority shall refuse the execution of the European arrest and surrender order, in addition to the cases referred to in Articles 32 and 33, in the following cases:

(a) Where the person claimed has been pardoned in Spain from the penalty imposed for the same facts as the European arrest and surrender order is founded and is being pursued by the Spanish jurisdiction.

b) When the free withdrawal in Spain has been agreed for the same facts.

(c) Where the person who is the subject of the European arrest and delivery order has been placed in another Member State of the European Union, a final decision on the same facts as to definitively prevent the subsequent exercise of criminal proceedings.

(d) Where the person who is the subject of the European arrest and surrender order has been definitively judged on the same facts in a third State not a member of the European Union, provided that, in the event of a conviction, the penalty has been executed or is currently in the running or may no longer be executed under the law of the State of conviction.

(e) Where the person who is the subject of the European arrest and delivery order cannot, for his or her age, be held liable criminally for the facts on which that order is based, in accordance with Spanish law.

2. The Spanish executing judicial authority may refuse the execution of the European arrest and surrender order in the following cases:

(a) Where the person who is the subject of the European arrest and delivery order is subject to criminal proceedings in Spain for the same reason as the European arrest and surrender order has been issued.

(b) Where the European arrest and delivery order has been issued for the purpose of carrying out a custodial sentence or measure of security, the person being a Spanish national, unless he consents to comply with the itself in the issuing State. In another case, it will have to serve the penalty in Spain.

c) Where the European arrest and surrender order relates to acts committed outside the issuing State and the Spanish law does not permit the prosecution of such offences where they have been committed outside their jurisdiction territory.

Article 49. Refusal of the execution of a European arrest and surrender order having been issued in the absence of the defendant.

1. In addition to the cases referred to in Article 33, the Spanish judicial authority may also refuse to carry out the European arrest and surrender order where the person has not appeared in the judgment of which the decision derives, unless in the European arrest and delivery order is recorded, in accordance with the other requirements laid down in the procedural law of the issuing State, which was not personally notified to the person concerned by the decision but shall be notified without delay after delivery; the time when he or she will be informed of his right to a new trial or to bring an action, with an indication of the time limits laid down for this, with the possibility that of this new process in which he would be entitled to appear, a resolution contrary to the initial one would be derived.

2. If a European arrest warrant is issued for the purpose of executing a custodial sentence or an arrest warrant in accordance with the conditions of the previous paragraph and the person concerned has not previously received a warrant official information on the existence of a criminal action against him, that person, being informed of the content of the European arrest and delivery order, may request for information purposes only to receive a copy of the judgment with character prior to delivery.

The issuing authority, through the Spanish judicial authority, will provide the interested party with the copy of the judgment with immediate character, without the request for the copy in any case delaying the delivery procedure. the decision to execute the European arrest and delivery order.

3. In the event that a person is delivered under the conditions laid down in paragraph 1 of this Article and has applied for a new process or an appeal, his detention shall be reviewed, either on a regular basis or at the request of the person concerned. with the legislation of the issuing State, for the purposes of determining its possible suspension or interruption, until the actions have been completed.

Article 50. Detention and making available to the judicial authority.

1. The detention of a person affected by a European arrest and surrender order shall be carried out in the form and with the requirements and guarantees provided for by the Criminal Procedure Act.

2. Within the maximum period of seventy-two hours after his arrest, the person arrested will be made available to the Central Judge of Instruction of the National Court. This circumstance shall be communicated to the issuing judicial authority.

3. The person detained at the court's disposal shall be informed of the existence of the European arrest and surrender order, of its content, of the possibility of consenting to the proceedings of the hearing before the Judge and with irrevocable character the issuing State, as well as the other rights that it is entitled to.

Article 51. Hearing of the detainee and decision on delivery.

1. The hearing of the arrested person shall be held within a maximum of seventy-two hours from the date of the provision, with the assistance of the Prosecutor's Office, of the lawyer of the person detained and, where appropriate, of interpreter, to the provisions of the declaration of the detainee by the Law of Criminal Procedure. The right of defence shall also be guaranteed and, where legally applicable, legal aid.

2. First, the person detained shall be heard on the provision of their irrevocable consent to delivery.

If the person arrested was Spanish or resident in Spain, he will also be heard if he requests to be returned to Spain to comply with the penalty or measure of privacy security that he could pronounce against the State of issue.

3. If the arrested person consents to his or her surrender, a comprehensive record of this end will be drawn up, which will be signed by the person arrested, his lawyer and, where appropriate, the interpreter, as well as the Prosecutor and the Judge. The minutes shall include the waiver of the application of the principle of specialty, if it has been produced.

In any case, the Central Judge of Instruction shall check whether the consent to the surrender by the detained person has been freely given and with full knowledge of its consequences, in particular of its character irrevocable. In the same way, it will proceed with the waiver of the principle of specialty.

4. If the person concerned has consented to be handed over to the issuing State and the Central Judge of Instruction does not warn causes of refusal or conditioning of the delivery, it shall agree by order to surrender to the issuing State. Against this car there will be no recourse.

5. If he has not consented, the Central Judge of Instruction shall convene the parties for the holding of hearing, which shall be held within a maximum of three days and shall be attended by the Prosecutor's Office, the requested person of attorney and, if necessary, from interpreter. In that view, the means of proof admitted relating to the concurrency of grounds for refusal or conditioning of delivery may be practised. The Central Judge of Instruction shall hear the parties on such extremes and admit or refuse the proposed test to accredit the alleged causes.

6. If the test cannot be performed in the course of the hearing, the Judge shall set a time limit for his practice, taking into account the need to respect the maximum time limits provided for in this Law.

7. If the person claimed had been released on a provisional basis and had not appeared in the hearing despite being duly summoned in his appearance before the Central Judge of Instruction, the same shall be held in his absence and shall be settled the right to proceed.

8. The Central Judge of Instruction shall decide by order to be issued within a maximum of 10 days after the hearing. This order may be appealed directly to the Criminal Court of the National Court, in the terms provided for in the Criminal Procedure Law, which will be of a preferential nature.

Article 52. Decision on the temporary move or declaration of the person claimed.

1. Where the European arrest and delivery order issued is intended to carry out criminal proceedings, if the issuing judicial authority so requests, the Central Judge of Instruction shall agree, after the three-day period of the Prosecutor's Office, that the A statement is made to the person claimed or temporarily transferred to the issuing State.

2. The statement of the requested person shall be taken by the issuing judicial authority which is transferred to Spain, with the assistance in its case of the person designated in accordance with the law of the issuing State, and (a) to be interpreted in order to translate the essential aspects of the diligence into Spanish. It must be carried out in the presence of the Spanish judicial authority, which will ensure that it is practised in accordance with Spanish law and in the conditions agreed between the two judicial authorities, which may include respect for the requirements and formalities required by the legislation of the issuing State provided they are not contrary to the fundamental principles of our legal system. In any case, the right to the legal assistance of the detainee will be respected, his right not to testify against himself and not to confess guilty, as well as to be assisted by an interpreter.

This diligence will also be attended by the judicial secretary, who will be aware of the compliance with the conditions provided for in this article and those agreed between the judicial authorities that know about the procedure.

3. If the temporary transfer of the arrested person has been agreed, it shall be carried out under the conditions and with the duration to be agreed with the issuing judicial authority. In any event, the requested person must return to Spain to attend the views that he or she is aware of in the framework of the delivery procedure.

Article 53. Personal situation of the person claimed.

1. In the course of the hearing or of the hearing referred to in Article 51, the Central Judge of Instruction, heard in any case by the Prosecutor's Office, shall decree the provisional prison or the provisional freedom, taking precautionary measures that result necessary and proportionate to ensure the full availability of the claimed, in accordance with the provisions of the Criminal Procedure Act.

2. The Judge shall decide on the circumstances of the case and the purpose of ensuring the execution of the European arrest and delivery order.

3. At any time in the proceedings and in the light of the circumstances of the case, the Judge, heard by the Prosecutor's Office, may agree to cease the situation of provisional imprisonment, but in such case it shall take some or some of the precautionary measures. referred to in paragraph 1 of this Article.

4. Against the judicial decisions referred to in this article, an appeal for an appeal before the Criminal Court of the National Court, under the same conditions laid down in Article 51 (8). The holding of views shall be carried out at the request of one of the parties.

Article 54. Deadlines for the execution of a European arrest and delivery order.

1. The European arrest and delivery order shall be processed and executed as a matter of urgency.

2. If the person claimed consents to the surrender, the judgment must be taken within 10 days of the hearing.

3. If not half consent, the maximum time limit for adopting a firm resolution shall be sixty days from the time of the arrest.

4. Where, for justified reasons, the decision cannot be taken within the time limits laid down, they may be extended for a further 30 days. The issuing judicial authority shall be notified of such circumstances and its reasons and shall in the meantime be maintained the conditions necessary for delivery.

Article 55. Conditional delivery decision.

1. Where the infringement on which the European arrest and delivery order is based is punishable by a penalty or a measure of security deprivation of liberty in perpetuity, the execution of the European arrest warrant and surrender by the judicial authority Spain shall be subject to the condition that the Member State of issue has a review of the penalty imposed or the application of leniency measures to which the person is engaged in order not to carry out the penalty. or measure.

2. Furthermore, where the person who is the subject of the European arrest and surrender order for the purposes of criminal proceedings is a Spanish nationality or resident in Spain, his or her surrender may be subject, after being heard, to the condition that it be returned to Spain in order to comply with the penalty or measure of security of liberty that it could pronounce against the State of issue. Compliance with this condition shall be articulated through the provisions of the resolution of compliance with penalties or custodial measures.

Article 56. Delivery decision suspended.

When the person claimed has any criminal proceedings pending before the Spanish jurisdiction for a fact other than the one that motivates the European arrest and surrender order, the Spanish judicial authority, even if it has resolved to give compliance with the order, may suspend delivery until the conclusion of judgment or until the enforcement of the penalty imposed.

In this case, the Spanish judicial authority will agree, if requested by the issuing judicial authority, the temporary delivery of the person claimed in the conditions that it formalizes in writing with that judicial authority and that be binding on all authorities of the issuing Member State.

Article 57. Decision in case of requests concurrency.

1. In the event that two or more Member States have issued a European arrest and surrender order in relation to the same person, the decision on the priority of enforcement shall be taken by the Central Judge of Instruction, after hearing the Tax Ministry, taking into account all the circumstances and, in particular, the place and the relative gravity of the offences, the respective dates of the orders, as well as the fact that the order was issued for the purposes of criminal prosecution or effects of execution of a penalty or a custodial security measure.

2. In the event of a concurrency between a European arrest and surrender order and an extradition request filed by a third State, the Spanish judicial authority shall suspend the procedure and send all the documents to the Ministry of Justice. The proposal for a decision on whether to give preference to the European arrest and surrender order or to the request for extradition will be raised by the Minister of Justice to the Council of Ministers, once all the circumstances have been considered and, in referred to in paragraph 1 and those referred to in the applicable convention or agreement. This procedure shall be governed by the provisions of Law 4/1985 of 21 March of Passive Extradition.

3. In the event of a decision to grant preference to the extradition request, the Spanish judicial authority shall be notified, which shall bring it to the attention of the issuing judicial authority.

Should the European arrest and delivery order be granted preference, the Spanish judicial authority shall be notified to the object that the procedure in which it was suspended is continued.

4. The provisions of this Article are without prejudice to the obligations arising from the Statute of the International Criminal Court.

Article 58. Delivery of the person claimed.

1. The delivery of the requested person shall be made effective by the agent of the Spanish authority, after notification to the authority designated for that purpose by the judicial authority of issue of the place and dates fixed, always within 10 days of the judicial decision of delivery.

2. If, for reasons beyond the control of any of the issuing or executing States, it cannot be verified within this period, the judicial authorities concerned shall immediately contact to fix a new date within a new period of time. ten days from the date initially set.

3. Exceptionally, the judicial authority may provisionally suspend the delivery for serious humanitarian reasons, but this should be done as soon as such reasons cease to exist. Delivery shall be verified within 10 days of the new date being agreed upon when such reasons cease to exist.

4. Should the person claimed to have any pending criminal proceedings in Spain be suspended or deferred and be deprived of his or her liberty, the Spanish judicial authority known to the proceedings must be guaranteed of the European arrest and delivery order receives information on the future release of the claim to immediately take the appropriate decision on his personal situation for the purpose of his surrender to the authority of execution.

If the claimed person is serving time, the prison facility must inform the Spanish judicial authority of the procedure of the European arrest warrant and give the effective date of the arrest. compliance with at least 15 days in advance so that the latter can take the appropriate decision on his/her personal situation.

In the event that the person claimed is in a provisional prison in an open cause in Spain, the Tribunal that knows about that procedure must immediately put the claim at the disposal of the judicial authority. Spain, which is aware of the European arrest and delivery order procedure, has given sufficient notice of its decision to agree on the freedom in its proceedings, in order for the decision on its decision to be taken within a period of seventy-two hours. personal situation to ensure delivery execution.

5. After the maximum time limits for delivery without the person claimed to have been received by the issuing State, the person claimed or the application of the measures under the law of the Member States shall be released. Criminal prosecution if you have any outstanding cause in Spain, without this being the basis for the refusal of the execution of a subsequent European arrest and surrender order based on the same facts.

6. In any event, at the time of delivery, the Registrar shall bring to the attention of the issuing judicial authority the period of deprivation of liberty suffered by the person referred to in the European arrest and surrender order, in order to it is deducted from the penalty or security measure imposed, as well as whether the detainee resigned or not at the beginning of the specialty.

Article 59. Delivery of objects.

1. At the request of the issuing judicial authority or on its own initiative, the Central Judge of Instruction shall intervene and deliver, in accordance with national law, the objects constituting the means of proof or the effects of the offence, without prejudice to the rights which the Spanish State or third parties may have acquired on them. In this case, once the trial has been concluded, restitution shall be made.

2. The objects referred to in the previous paragraph shall be delivered even if the European arrest and delivery order cannot be enforced due to the death or evasion of the person claimed.

3. In the event that the goods are subject to seizure or seizure in Spain, the Spanish judicial authority may refuse to surrender or make it for temporary purposes only if this is necessary for the pending criminal proceedings.

CHAPTER IV

Other Provisions

Article 60. Application of the principle of specialisation to the execution of a European arrest and delivery order.

1. Consent or authorization for prosecution, conviction or detention for the execution of a sentence or a measure of security of liberty, for any offence committed prior to the delivery of a person and other than the reason for such delivery to the Spanish State shall be presumed to exist provided that the State of the executing judicial authority has notified the General Secretariat of the Council of the European Union of its favourable disposition in this respect, except in a particular case the executing judicial authority declares otherwise in its delivery resolution.

2. If the declaration referred to in the preceding paragraph has not been notified, the person who has been given to Spain may not be prosecuted, convicted or deprived of liberty for an offence committed before his or her delivery other than that which he or she has provided for. is, unless the executing State so permits. To this end, the Spanish judicial authority of issue shall submit to the executing judicial authority an application for authorisation, together with the information referred to in Article 36.

3. Where Spain is the executing State, as long as the notification to the General Secretariat of the Council referred to in paragraph 1 is not practised for prosecution, conviction or detention with a view to the execution of a sentence or A measure of the private security of liberty for any infringement committed before a person is delivered and which is different from the one that prompted the delivery, the issuing State shall request the authorisation referred to in the previous paragraph.

To resolve the authorization, the Prosecutor's Office will be heard over the five-day period. In fact, he must be appointed as a lawyer for the defence of the interests of the claimed, if he does not have it, and he will be transferred so that he can make representations within five days. The Central Judge of Instruction shall resolve by reasoned order within ten days, without the processing of the received application being able to exceed the period of 30 days from its receipt. The authorisation shall be granted if the conditions for implementing a European arrest and delivery order were given and none of the grounds for refusing the execution of the warrant were granted.

4. The above paragraphs shall not apply when any of the following conditions are met:

(a) Where the person has expressly waived the principle of specialty before delivery to the executing judicial authority.

(b) Where the person expressly disclaims, after delivery, to avail himself of the principle of speciality in relation to certain offences prior to his surrender. The waiver shall be made before the competent judicial authority of the issuing Member State, and the minutes of the waiver shall be drawn up in accordance with the national law of the issuing Member State. The waiver shall be made in conditions which show that the person has done so voluntarily and in full awareness of the consequences that this entails. To this end, the person shall be entitled to the assistance of a lawyer.

(c) Where, having had the opportunity to leave the territory of the Member State to which it has been delivered, the person has not done so within 45 days of his final release, or has returned to that territory after it has left the territory.

d) When the violation is not punishable by a custodial sentence or measure of security.

e) When criminal proceedings do not end with the application of a restrictive measure of the individual's individual freedom.

(f) Where the person is subject to a non-custodial sentence or measure, including pecuniary sanctions, or to an equivalent measure, even if such penalty or measure may restrict their individual freedom.

Article 61. Further surrender to an extradition.

1. If the person claimed has been extradited to Spain from a third State, and if he is protected by provisions of the agreement under which he has been extradited in respect of the principle of specialisation, the The Spanish executing judicial authority shall request the authorisation of the State which has extradited it so that it can be handed over to the issuing State. The time limits referred to in Article 54 shall start from the date on which those rules relating to the principle of specialisation cease to apply.

2. As long as the authorisation is processed, the Spanish executing judicial authority will ensure that the material conditions for effective delivery continue to be given.

Article 62. Further extradition.

1. Where a person has been handed over to Spain under a European arrest and surrender order, if he is subsequently requested to be extradited by a State other than a Member of the European Union, that extradition may not be granted without the the consent of the executing judicial authority which agreed to the surrender, to which effect the Central Judge of Instruction shall pursue the relevant application.

2. If the Spanish judicial authorities have agreed to surrender a person to another Member State of the European Union, under a European arrest and surrender order, and their consent is requested by the judicial authorities. in order to proceed with his extradition to a third State which is not a member of the European Union, such consent shall be provided in accordance with the bilateral or multilateral conventions in which Spain is a party, having the request of authorization to be considered an extradition request for these purposes.

TITLE III

Resolution imposing a custodial sentence or measure of freedom

CHAPTER I

General provisions

Article 63. Resolution imposing a custodial sentence or measure of liberty.

1. Judgments whose recognition and enforcement arrangements are governed by this Title are those final judgments issued by the competent authority of a Member State following the conclusion of a criminal procedure, for which a judgment is given natural person to a custodial sentence or measure as a result of the commission of a criminal offence, including the detention measures imposed in accordance with the Organic Law on the criminal liability of the children.

2. The provisions of this Title apply only to the penalties or measures pending, in whole or in part, of enforcement. When they have been fully complied with, their consideration in a new criminal procedure will be governed by the Organic Law 7/2014 of 12 November on the exchange of information from criminal records and the consideration of criminal judicial decisions in the European Union.

Article 64. Competent judicial authorities in Spain to transmit and execute a resolution imposing a custodial sentence or measure of liberty.

1. They are competent authorities for the transmission of a decision imposing a penalty or a custodial measure for the Judges of Penitentiary Surveillance, as well as the Judges of Minors in the case of a measure imposed in accordance with the law of the Court of Justice. with the Organic Law regulating the criminal liability of minors. In cases where the enforcement of the sentence has not been initiated, the court which has issued the judgment shall be the competent authority in the first instance.

2. The competent authority to recognise and agree on the execution of a decision imposing a custodial sentence or measure shall be the Central Judge of the Criminal Court. To carry out the execution of the same, the Central Judge of Penitentiary Surveillance will have jurisdiction. Where the decision relates to a measure of detention under closed procedure of a minor, the jurisdiction shall be the responsibility of the Central Judge of Minors.

3. The judicial authority shall forward to the Ministry of Justice, within three days of its issuance or since its recognition and execution, a copy of the certificates transmitted or recognised in Spain.

CHAPTER II

Transmission of a resolution imposing unapena or a custodial measure

Article 65. Requests for transmission of the resolution imposing a custodial sentence or measure of liberty.

1. A decision imposing a custodial sentence or measure of freedom either of trade by the competent Spanish judicial authority or at the request of the executing State or of the sentenced person may be transmitted.

The request of the sentenced person to initiate a procedure for the transmission of the decision may be made to the Spanish competent authority or to the competent authority of the executing State.

Requests from the competent authority of the executing State and the sentenced person shall not force the competent Spanish judicial authority to transmit the decision.

2. Prior to the commencement of the execution of the sentence, in the event that the sentenced person is not in compliance with any other, the Judge or Court of Sentencing, once the judgment is final, may transmit the judgment to the competent authority of the Execution status directly or through the Prison Surveillance Judge.

Article 66. Requirements for transmitting a resolution imposing a custodial sentence or measure of liberty.

1. The competent Spanish judicial authority may transmit a decision imposing a custodial sentence or measure to the competent authority of another Member State of the European Union to carry out its enforcement, provided that the following requirements are met:

(a) That the convicted person is in Spain or in the executing State.

(b) The Spanish judicial authority considers that the execution of the sentence by the executing State shall contribute to the objective of facilitating the social reintegration of the sentenced person, after having consulted the State of execution, where applicable.

(c) To measure the consent of the sentenced person, unless he himself is not required, in the terms provided for in the following article.

2. The fact that, in addition to the sentence of the custodial sentence or measure of security, a financial penalty or confiscation has been imposed which has not yet been paid or executed shall not prevent the transmission of the judgment under which it is imposed. penalties or custodial measures. A conviction of a patrimonial nature may be used to provide for the transfer of court decisions on confiscation or pecuniary sanctions by the Judge or the Court of Auditors.

3. Before transmitting the judgment, the competent judicial authority shall ensure that there is no conviction pending to become final in relation to the sentenced person.

Article 67. Consent of the sentenced person.

1. The transmission of the decision imposing a custodial sentence or measure by the competent Spanish judicial authority to another Member State for recognition and enforcement shall require the prior approval of the sentenced to the competent judicial authority, which for that purpose must be assisted by a lawyer and, where appropriate, an interpreter and must have been informed in clear and comprehensible terms of the purpose of the hearing and of the consent.

2. However, their consent shall not be required where the executing State is:

(a) The State of nationality of the sentenced person in which he has links on the basis of his habitual residence and family, employment or professional ties.

(b) The Member State to which the sentenced person is to be expelled once released on the basis of an expulsion or transfer order contained in the judgment or in a judicial or administrative decision arising from the statement.

(c) The Member State to which the sentenced person has absconded or returned to the criminal proceedings opened against him in Spain or for having been convicted in Spain.

3. In any event, the competent judicial authority shall give the sentenced person who is in Spain the opportunity to make oral or written opinions. This shall be taken into account when deciding on the transmission of the resolution and shall be forwarded to the executing State authority together with the rest of the documentation.

When the convicted person, because of his/her age or physical or mental state, cannot give his or her opinion, the same will be obtained through his/her legal representative.

Article 68. Consultations on the transmission of the resolution imposing a custodial sentence or measure between the issuing State and the State of enforcement.

1. Prior to the transmission of the decision imposing a custodial sentence or measure, the competent judicial authority may consult the competent authority of the executing State, by all appropriate means, on those persons. (a) to conclude that the transmission of the resolution shall contribute to facilitating the reinsertion of the sentenced person.

2. Such consultation shall be compulsory in cases where the decision is transmitted to a executing State other than the one in which the sentenced person lives and of the national or the person to whom he is to be expelled once he has been released.

3. Where the executing State has responded to the query made, the competent judicial authority shall decide whether or not to transmit the decision or whether to withdraw the resolution, if it has already been transmitted.

Article 69. Documentation of the resolution imposing a custodial sentence or measure of liberty.

Once the enforcement of the judgment in another Member State of the European Union has been decided by the competent judicial authority, it shall transmit to the competent authority that judgment together with the certificate in the Annex II, duly completed.

Article 70. Notification of the transmission of the resolution imposing a custodial sentence or measure of liberty.

The order by which the competent judicial authority agrees to transmit the decision imposing a custodial sentence or measure of liberty shall be notified personally to the sentenced person, assisted by an interpreter if he is necessary and in accordance with the certificate in Annex III.

Where, when the order is issued, the sentenced person is in the executing State, the certificate in Annex III shall be transmitted to the competent judicial authority of the executing State to carry out that notification.

Article 71. Transmission of the resolution imposing a custodial sentence or measure of liberty.

1. The decision imposing a custodial sentence or measure shall be transmitted to a single executing State.

2. It may be transmitted to one of the following Member States:

(a) The State of which the sentenced person is a national and in which he has his habitual residence.

(b) The State of which the convicted person is a national and who, according to the judgment or an administrative decision, shall be expelled once released.

(c) Any other Member State whose competent authority consents to be transmitted to the resolution.

(d) Any other Member State, without the need to obtain its consent, when it has so declared before the General Secretariat of the Council of the European Union, provided that there is reciprocity and at least one of the Following requirements:

1. That the sentenced person has been legally and continuously resident in that State for at least five years and maintains his right of permanent residence.

2. º That is a national of that executing State but does not have its habitual residence in it.

3. The transmission of the judgment shall be communicated to the Judge or Tribunal which delivered the sentence.

Article 72. Application by the Judge of Penitentiary Surveillance for precautionary measures on the sentenced person for adoption by the executing authority.

If the sentenced person is in the executing State, the Judge of Penitentiary Surveillance, at the request of the Prosecutor's Office, may ask the competent authority of the executing State to adopt a restrictive measure of the personal freedom of the sentenced person or any other measure intended to ensure that he remains in that territory. Such an application may be made even before the enforcement authority receives the decision imposing unapena or a custodial measure or before it decides whether it should be implemented.

If a custodial measure is taken by the executing authority, the time spent in private release shall be paid in the relevant settlement of the sentence.

Article 73. Transfer of the sentenced person to the executing State.

1. Where the executing authority has communicated that it accepts the enforcement of the decision imposing a custodial sentence or measure, the sentenced person shall be transferred to the executing State if he is in Spain.

2. The time limit for making such a transfer shall not exceed 30 days after the adoption by the State of enforcement of the final decision on the recognition and enforcement of the decision imposing an application or a private measure freedom.

Where, due to unforeseen circumstances, the transfer is not possible in time, the competent judicial authority shall immediately inform the executing authority, agreeing on a new date for the shipment, to be carried out in a maximum period of 10 days from the new agreed date.

Article 74. Withdrawal of the resolution imposing a custodial sentence or measure of liberty by the Judge of the Issuing Surveillance Prison.

1. Prior to the commencement of the sentence, the Judge of Penitentiary Surveillance, after hearing the Prosecutor's Office and the parties personated for five days, may agree to withdraw the certificate by means of a reasoned order to be issued in the five-day period of time and in which the executing State shall be required to take no measure of enforcement.

The withdrawal of the certificate can be performed in the following cases:

(a) If there has been no prior consultation and received from the executing authority an opinion or an opinion that compliance with the sentence in the executing State shall not contribute to the objective of facilitating reinsertion the successful reintegration of the condemned person into society.

b) If no agreement is reached with the executing authority in relation to the partial execution of the conviction.

(c) If, after requesting information from the executing authority on the applicable provisions on early or conditional release, no agreement is reached on its application.

2. When requested by the executing State, the Judge of Penitentiary Surveillance may communicate to the executing authority the provisions applicable in Spanish law in relation to the early or conditional release of the sentenced person, as well as request information on the provisions applicable in this area under the law of the executing State. The Judge of Penitentiary Surveillance, received this information and after hearing the parties personated for five days, will dictate self motivated within the term of five others. The order shall contain the provisions to be applied by the executing authority or agree to withdraw the certificate.

Article 75. Consequences in the Spanish process of enforcement in another Member State of the decision imposing a custodial sentence or measure of freedom.

Once the execution of the resolutionfor which a custodial sentence or measure is imposed, the Judge of Penitentiary Surveillance shall cease to be competent to adopt resolutions on the custodial sentence or measure freedom imposed on the sentenced person, including the grounds for early or conditional release, without prejudice to the provisions of paragraph 2 of the previous Article.

This circumstance, as well as the subsequent withdrawal of the certificate or the reversal of the execution to Spain, shall be communicated to the sentencing bodies which have given the custodial sentence for which the execution has been carried out. transmitted, withdrawn or reversed.

Article 76. Reversal of the execution of the sentence against Spain.

The execution of the sentence in Spain may be resumed when the competent authority of the executing State informs the Judge of Penitentiary Surveillance of the non-execution of the sentence as a result of the escape of the sentenced person.

CHAPTER III

Execution of a resolution imposing unapena or a custodial measure

Article 77. Requirements for the recognition and enforcement in Spain of a resolution imposing a custodial sentence or measure of liberty.

1. The Central Criminal Court shall recognise the decisions imposing penalties or custodial measures transmitted by other Member States of the European Union where the social reintegration of the sentenced person is facilitated in this way. any of the following circumstances:

a) That the convicted person be Spanish and reside in our country.

b) That the convicted person is Spanish and will be expelled to Spain on the occasion of that conviction.

(c) Even if these conditions are not met, if the Central Criminal Court has consented to the execution of the judgment in Spain unless, pursuant to the statements made by the Spanish State, this consent is not required.

2. The execution in Spain of a decision imposing a penalty or a custodial measure transmitted by the issuing State shall not be subject to the control of double criminality when it relates to facts typified as some of the offences listed in Article 20 (1), provided that they are punishable in the issuing State by means of penalties or custodial measures of a maximum duration of at least three years.

Article 78. Consultations on the transmission of a resolution imposing a custodial sentence or measure of liberty.

1. The Central Criminal Court shall reply to requests for information directed by the issuing authority concerning the transmission to our country of a decision imposing a penalty or a custodial measure within a maximum period of time. twenty days from its receipt.

2. Where the consultation is aimed at knowing the possibilities of reinsertion of the sentenced person in Spain, the Central Criminal Judge shall hear him if he is in Spain, obtain the information he understands necessary on the conviction of the sentenced person in Spain. our country, will hear about the Prosecutor's Office, and will forward its response to the authority that has conducted the consultation.

3. In cases where there has been no consultation and once the judgment and certificate have been transmitted, the Central Criminal Court may send an opinion on the possible execution of the sentence in Spain and its contribution to social reintegration. of the sentenced person.

Article 79. Request for the transmission of a resolution imposing a custodial sentence or measure of liberty.

The Central Judge of the Criminal, either on its own initiative or at the request of the sentenced person, may request the competent authority of the issuing State, after hearing the Ministry of Public Prosecutor's Office or at its own initiative, to transmit a resolution to the that a custodial sentence or measure of freedom is imposed for its execution in Spain.

Article 80. Agreement for the partial execution of the sentence.

1. The Central Criminal Court shall consult the competent authority of the issuing State on the possible recognition and partial enforcement of the judgment in order before it decides that it denies the recognition and enforcement of the judgment of the total way.

2. In accordance with the provisions of the previous paragraph and in the light of the circumstances of the case, the Central Criminal Court may reach an agreement with the competent authority of the issuing State to partially recognise and execute the Sentence. In the absence of agreement, the certificate will be returned.

The agreement on the recognition and partial enforcement of the resolution may not, in any case, lead to an increase in the duration of the sentence.

Article 81. Procedure for the recognition of the decision imposing a custodial sentence or measure for the purpose of its compliance in Spain.

1. Within five days of receipt of the certificate, the Prosecutor's Office shall be transferred to the Prosecutor's Office so that, within ten days, it shall decide on the origin of the recognition and enforcement of the judgment.

2. The Central Criminal Court shall check whether there is any cause for refusal of recognition or enforcement, and also whether the consent of the sentenced person has been given, unless it is not necessary under the law of the State. emission. In any case, the consent of the sentenced person shall not be required where:

a) Be Spanish and reside in Spain.

(b) To be expelled to Spain once released in the issuing State on the basis of an expulsion or transfer order contained in the judgment or in a judicial or administrative decision arising from the judgment.

(c) You have absconded or returned to Spain for the sentence given or for the criminal proceedings followed in the issuing State.

3. The Central Judge of the Criminal Court shall, within 10 days, resolve by order the recognition of the conviction or refusal of the judgment.

In any case, within 90 days the self-motivated person who recognizes or denies the execution must be firm and, if necessary, send to the Central Judge of Penitentiary Surveillance to execute the penalty or the custodial measure. freedom.

4. The order shall determine the total period of deprivation of liberty to be fulfilled in Spain, by deducting exclusively from the same that the period of time spent by the issuing State has already been fulfilled in the issuing State or where the sentenced in pre-trial detention or any other restrictive measure of his or her freedom which, adopted by the issuing State authority, is computable.

Article 82. Withdrawal of the certificate of the resolution imposing a custodial sentence or measure of freedom.

If the competent authority of the issuing State notifies the withdrawal of the certificate prior to the commencement of the execution of the sentence, the Central Criminal Judge shall file the procedure and forward it to him.

The return of the certificate will include the time that, if any, the sentenced person would have remained deprived of liberty in Spain in compliance with some precautionary measure.

Article 83. Adaptation of conviction.

1. In the event that the duration of the sentence imposed in the judgment is incompatible with the Spanish legislation in force at the time when the recognition of the judgment is sought to exceed the limit of the maximum penalty provided for that crime, the Central Criminal Court may adapt the sentence. The adaptation shall consist of limiting the duration of the sentence to the maximum of the provisions laid down in that legislation for the offences for which the person concerned was convicted.

2. In the event that the conviction, by its nature, is incompatible with Spanish law, the Central Criminal Judge may adapt the sentence to the penalty or measure contemplated in our legislation for the crimes for which the affected person is condemned. The appropriate penalty should be in line with the penalty imposed in the foreign court ruling and, as a result, cannot be transformed into a penalty of another kind as the penalty of fine.

3. In any of these cases, it may be adapted to aggravate the sentence imposed in the issuing State.

Article 84. Postponement of the recognition of the resolution imposing a custodial sentence or measure of liberty.

1. The Central Criminal Court shall defer recognition of the judgment in order where the certificate issued by the competent authority of the issuing State is incomplete or does not clearly correspond to the judgment which it must run.

2. The new time limit granted for the issuing authority to complete or correct the certificate may not exceed 60 days.

Article 85. Refusal of recognition and enforcement of the decision imposing a custodial sentence or measure of liberty.

1. The Central Judge of the Criminal Court shall refuse the recognition and enforcement of the judgment imposing a custodial sentence or measure, in addition to the cases provided for in Articles 32 and 33, in the following cases:

(a) When, by virtue of his age, the sentenced person could not have been found criminally liable for the motivating facts of the conviction, in accordance with Spanish criminal law.

(b) Where the competent Spanish judicial authority finds that, at the time of receipt of the judgment, the part of the sentence to be served is less than six months.

(c) Where, without prejudice to Article 81, the transmitted resolution imposes a custodial measure that is not enforceable in accordance with Spanish law.

(d) When, before deciding on the recognition and enforcement of the judgment, the Central Criminal Judge submits an application for the person concerned to be prosecuted, convicted or deprived of liberty in Spain for an infringement committed prior to its transfer and other than that which had motivated it, and the competent authority of the issuing State did not give its consent.

e) Where the required requirements for the transmission of a resolution imposing a custodial sentence or measure are not met.

2. If any of the grounds for refusal of recognition and enforcement provided for in points (a) and (c) of Article 32 (1) or (3) or in Article 33 (1) or (c) and (e) of paragraph 1 are rejected, prior to refusing recognition and enforcement of the decision, the Central Criminal Judge shall consult the competent authority of the issuing State to clarify the situation and, where appropriate, to remedy the defect in which the decision was taken. incurred.

Article 86. Legislation applicable to the enforcement of the resolution imposing a custodial sentence or measure of liberty.

1. The Central Judge of Penitentiary Surveillance must execute the judgment in order to comply with the provisions of the Spanish legal order, with deduction of the period of deprivation of liberty already fulfilled, if any, in the issuing State in relationship to the same conviction, of the total period to be met in Spain.

However, the effects of the resolution transmitted on the convictions handed down by the Spanish Courts, or on the resolutions which, in accordance with the third paragraph of Article 988 of the Law of Procedure Criminal, set the term limits for conviction, shall be determined in accordance with the provisions of Article 14 and the single additional provision of the Organic Law 7/2014 of 12 November on the exchange of criminal record information and consideration of criminal court decisions in the European Union.

2. The Central Judge of Penitentiary Surveillance shall be the only competent authority to determine the enforcement procedure and the related measures to be taken, including the possible granting of probation. If the issuing authority reports on the date under which the sentenced person would be entitled to the probation, in accordance with its legal order, the Central Judge of Penitentiary Surveillance may take it into account.

Article 87. Precautionary measures restricting the freedom of the sentenced person when he is in Spain.

1. If the sentenced person is in Spain, at the request of the issuing authority or the Prosecutor's Office, the Central Criminal Judge may adopt precautionary measures restricting the freedom of the sentenced person to guarantee his stay in Spain until the recognition and enforcement of the conviction.

2. Upon receipt of this request, the Central Criminal Judge may order the arrest of the convicted and, once made available to him, he will appear in the form provided for in the Criminal Procedure Law. You may also order another restrictive precautionary measure of the sentenced person's freedom, always in accordance with the rules laid down in the Criminal Procedure Act.

3. Such measures may be requested by the issuing authority before transmitting the resolution imposing a penalty or a custodial measure.

4. The time of detention and the time of provisional imprisonment shall be taken into account in the settlement of the conviction to be executed in Spain by virtue of the recognition and enforcement of the decision for which the measure was adopted.

Article 88. Transfer of the sentenced person to Spain for the fulfilment of the deprivation of liberty.

If the convicted person is in the issuing State, he/she will be transferred to Spain at the time agreed between the issuing authority and the Central Criminal Court, always within thirty days of the self-recognition and enforcement of the resolution.

If, due to unforeseen circumstances, the transfer of the sentenced person cannot be effected at the agreed time, a new date will be set, immediate to the disappearance of those circumstances, from which the transfer must be verified. the ten-day period.

Article 89. Suspension of the enforcement of a resolution imposing a custodial sentence or measure of liberty.

The Central Criminal Court shall suspend the enforcement of the resolution as soon as the competent authority of the issuing State informs it of the adoption of any resolution or measure having the effect of annulling or leaving without delay. effect of the resolution.

Article 90. Return to the issuing authority of the resolution imposing a custodial sentence or measure of liberty.

If, during the execution of the resolution imposing a custodial sentence or a custodial measure, the sentenced person shall be absconded, the Central Judge of Penitentiary Surveillance shall inform him, without delay, of the Central Judge of the Criminal who, in addition to communicating this incident to the issuing authority, will investigate the criminal liability in which the convicted person could have incurred.

When the return of the certificate proceeds, the time that the sentenced person has remained deprived of freedom in Spain in execution of this resolution shall be stated.

Article 91. Execution of convictions following a European arrest and delivery order.

When a European arrest warrant is refused or is conditioned on the basis of the sentenced person's Spanish nationality, the Central Criminal Judge shall apply the provisions of this Chapter for the purposes of the conviction imposed in the other Member State, preventing the offender's impunity.

CHAPTER IV

Other Provisions

Article 92. Application of the principle of speciality to the enforcement of a resolution imposing a custodial sentence or measure of liberty.

1. The person transferred to Spain in the context of a process of recognition and enforcement of a decision imposing a custodial sentence or measure of liberty cannot be prosecuted, convicted, or deprived of liberty in Spain as a result of the commission of a previous and distinct infringement of which the transfer was motivated.

2. The above paragraph shall not apply where one of the following conditions is present:

(a) When the convicted person has had the opportunity to leave Spain and has not done so within forty-five days of his or her release, or has done so, but has returned after having come out.

(b) Where the offence is not punishable by a custodial sentence or an internment order.

c) When criminal proceedings do not end with the application of a measure that restricts individual freedom.

d) When the convicted person may be subject to a sanction or non-custodial measure, even if they may restrict their individual freedom.

e) When the convict has given his consent to the transfer.

(f) Where the convicted person has resigned after the transfer, expressly and voluntarily, to the principle of specialty in relation to certain offences prior to his transfer.

The resignation must be performed by the sentenced person, assisted by a lawyer, before the Central Criminal Court, who will take up the minutes of the sentence.

g) When the issuing State of its consent, as provided for in the following paragraph.

3. The Central Criminal Judge, as the executing authority, shall forward the relevant request for consent to the competent authority of the issuing State, accompanied by a European arrest and delivery order.

4. Where Spain is the issuing State, the competent judicial authorities shall consent to the non-application of the principle of speciality when the executing State submits a request for consent accompanied by a European order. of detention and delivery and there is an obligation to deliver in accordance with the provisions of this Law.

In this case, the competent Spanish judicial authority shall give its consent within 30 days of receipt of the request.

TITLE IV

Probation resolution

CHAPTER I

General provisions

Article 93. Probation resolution.

1. Judgments whose recognition and enforcement arrangements are governed by this Title are those of a final judgment handed down by the competent authority of a Member State imposing a penalty or a custodial measure or any of the measures provided for in Article 94 to a natural person, when in relation to compliance it is agreed:

(a) Probation on the basis of that judgment or by a subsequent resolution of probation.

b) The suspension of the sentence, either in part or in full, imposing one or more probation measures that may be included in the judgment itself or determined in a separate probation resolution.

c) The substitution of the penalty for another that imposes a deprivation of a right, an obligation or a prohibition that does not constitute a custodial sentence or measure, nor a pecuniary sanction.

(d) In accordance with the law of the issuing State, a conditional sentence by which one or more measures of probation are imposed, and may, where appropriate, provide for a conditional postponement of the custodial sentence imposed.

2. The provisions of this Title also govern the recognition and enforcement of the freedom of movement resolution when it has been adopted by the competent authority for the execution of the custodial sentence or measure in the State of issue.

3. The provisions of this Title shall not apply to cases of recognition and enforcement of decisions imposing custodial sentences, pecuniary sanctions or confiscation provided for in this Act.

Article 94. Scope of enforcement of the probation resolution.

The following measures of probation are susceptible to transmission and enforcement in another Member State of the European Union or of receipt by the competent Spanish judicial authorities:

(a) The obligation of the sentenced person to communicate to a specific authority any change of domicile or place of work.

b) The prohibition to enter certain locations, places or defined areas of the issuing or executing State.

c) The imposition of limitations on the exit of the territory of the executing State.

(d) Requirements relating to conduct, residence, education and training or leisure activities, or which establish limits or determine modalities for the exercise of a professional activity.

e) The obligation to present on certain dates to a specific authority.

f) The obligation to avoid all contact with certain people.

g) The obligation to avoid any contact with certain objects that the convicted person has used or could use to commit criminal offences.

(h) The obligation to repair economically the damage caused by the infringement or to provide evidence of compliance with this obligation.

i) The obligation to do jobs for the benefit of the community.

(j) The obligation to cooperate with a surveillance agent or a representative of a social service who has responsibilities with respect to the person convicted.

k) The obligation to undergo therapeutic or dishabituation treatment.

Article 95. Competent judicial authorities in Spain to transmit and execute a probation resolution.

1. The judges or courts who are aware of the execution of the sentence or the probation resolution are the issuing authorities of a probation resolution.

2. It is competent authority to recognise and agree on the enforcement of a probation resolution transmitted by the competent authority of another Member State of the European Union, the Central Criminal Court. When the resolution of probation transmitted relates to a minor, the Central Judge of Minors shall have jurisdiction.

CHAPTER II

Transmission of a probation resolution

Article 96. Requirements for issuing a probation resolution.

1. They are requirements for the competent Spanish judicial authority to issue a probation resolution to another Member State:

(a) That a firm judicial resolution of probation has been issued under the terms prescribed in this law.

b) That the sentenced person does not have his legal and habitual residence in Spain.

c) That you have returned to the State where you reside legally and habitually or that, even in our country, you have indicated your willingness to return to this or another Member State that authorizes you.

2. The fact that, in addition to probation, a pecuniary sanction or a confiscation order has been imposed that has not yet been paid or executed, will not prevent the release of the probation resolution. A conviction of a patrimonial nature may be used to cover the issuance of confiscation orders or pecuniary sanctions by the Judge or Court of Sentencing.

Article 97. Documentation of the European probation order.

The probation decision shall be accompanied by the certificate set out in Annex IV, with an express reference to the measures to be carried out, whether those measures are of a general nature or the specific measures to be carried out. State of implementation has been accepted in the declaration made to the General Secretariat of the Council of the European Union.

The certificate will be sent along with the statement and, if applicable, the final court judgment.

Article 98. Transmission of a probation resolution.

1. The competent Spanish judicial authority shall transmit the probation decision to the competent authority of the Member State in which the sentenced person has his legal and habitual residence and to whom he has returned or wishes to return.

It may also be transmitted to a Member State other than that in which the sentenced person has his legal and habitual residence, at the request of the same and provided that the competent authority of the State of the residence of the has given its consent to the transmission.

2. Prior to the transmission of the probation decision, the judicial authority shall ask the sentenced person whether he wishes to return or remain in his State of residence, giving the latter a period of 30 days.

If the convicted person wishes to comply with the measure in a different State, the judicial authority shall request from the competent authority the consent for the transmission of the resolution.

3. The competent Spanish judicial authority shall transmit the judgment and, where appropriate, the probation decision to a single executing State at a time.

4. The Spanish judicial authority shall also transmit to the competent authority of the executing State the measures which, where appropriate, have been imposed on the sentenced person for the purpose of fulfilling the civil liability arising from the offence and other pecuniary responsibilities, the satisfaction of which must be credited.

Article 99. Consequences of the probation resolution.

1. Once the competent authority of the executing State communicates the recognition of the probation decision which has been transmitted to it, the Spanish judicial authority shall cease to have jurisdiction both for the supervision of the measures of probation, such as to take subsequent decisions in relation to the measure, except where the executing State has made a statement to the contrary.

2. The Judge or the Court of Justice shall, after the release of the probation decision, of its own motion or at the request of the Prosecutor's Office or of any of the parties involved, request the executing authority to inform it of the maximum duration of the the custodial sentence provided for by the national law of the executing State in cases of non-compliance with the measures for which enforcement has been carried out with the probation decision.

Article 100. Return of the probation resolution.

1. The Judge or the issuing court may withdraw the certificate, requesting the executing State not to take any action, provided that the enforcement of the probation decision has not yet begun and within the maximum period of 10 days:

(a) From the receipt of the information requested in relation to the maximum duration of the custodial sentence provided for in the legal order of the executing State for the infringement that resulted in the decision and which could be imposed in case of non-compliance with the probation measure.

(b) or from the receipt of information on the reasoned decision of the executing State to adapt the probation measures imposed on those that apply for equivalent infringements according to their legal order.

The Judge or Court shall, after receipt of the information from the executing State, hear the Prosecutor's Office within five days and order, which shall be reasoned, within five days.

2. The Judge or the issuing court may request the return of the probation decision which has been initiated in another Member State, where new criminal proceedings against the person concerned are being carried out in Spain.

3. Where the authority of the executing State returns the jurisdiction for the supervision of the measures of freedom to be monitored and for the adoption of subsequent decisions, it shall be exercised again by the competent Judge or Court, which shall have in the period and degree of compliance in the executing State, as well as any subsequent decisions that have already been taken.

CHAPTER III

Running a probation resolution

Article 101. Requirements for the transmission to Spain of the probation resolution.

1. The recognition in Spain of a probation decision issued by another Member State of the European Union shall not be subject to the control of double criminality when it relates to facts typified as some of the offences listed in Article 20 (1), provided that they are punishable in the issuing State by means of custodial sentences or measures of a maximum duration of at least three years.

2. Only the probation resolutions can be recognised:

(a) When the sentenced person has his legal and habitual residence in Spain and is satisfied that he has returned to our country or has indicated his willingness to do so before the issuing authority.

(b) When, in spite of the fact that he does not have his or her legal and habitual residence in Spain, if they have, for at least five years, their relatives, descendants or brothers, or their spouse or person united to him by analogous nature, provided that the sentenced person has obtained a contract of employment or has applied for compliance in Spain with the probation decision.

Article 102. Request for Spain to give its consent to the transmission of the probation resolution.

When the sentenced person has no legal and habitual residence in Spain, the Central Judge of the Criminal who receives the request of the issuing authority to give his consent to the probation resolution to him transmitted, it may be granted only if the conditions laid down in paragraph 2 (b) of the previous Article are met.

Article 103. Procedure for the recognition of probation resolution.

1. The Central Criminal Judge shall, within five days of receipt of the certificate, hear the Prosecutor's Office on whether the recognition and enforcement of the probation decision should be carried out, and that procedure should be evacuated within ten days. days. The Central Criminal Court will then decide within a further ten days.

2. The Central Criminal Court shall check whether there is any cause for refusal of recognition or enforcement, and also whether the conditions relating to the residence in Spain of the sentenced person, his return or the will to return to Spain are met. Spain.

3. In any event, within 60 days of the receipt in Spain of the probation decision, the Judge must issue a reasoned order recognizing or denying his execution. In exceptional circumstances where such time limit cannot be complied with, the reasons for the issuing authority shall be informed as well as the date on which the decision is deemed to have been taken.

Article 104. Adaptation of the probation resolution.

1. In the event that the measure contained in the probation resolution, for its duration, is incompatible with the Spanish legal order to exceed the maximum limit laid down in our legislation, the Central Criminal Court will adapt the condemnation. The adaptation will consist of limiting the duration of the probation measure to the maximum of what is foreseen in our legislation for equivalent infringements that correspond to those issued in the issuing State.

2. In the event that the measure of freedom being monitored, by its nature, is incompatible with the Spanish legal order, the Central Criminal Court will adapt the measure to that provided for in our legislation for similar cases. The adapted measure should correspond as much as possible with the measure imposed in the judgment or resolution of the issuing Member State.

3. In neither of these two cases the adaptation may aggravate or lengthen the measure imposed in the issuing State.

Article 105. Refusal of recognition and enforcement of a probation resolution.

1. The Central Criminal Court shall refuse the recognition and enforcement of the probation decisions, in addition to the cases referred to in Articles 32 and 33, in the following cases:

(a) When by virtue of their age, the sentenced person would not have been liable to be criminally liable for the facts on which the sentence is based, in accordance with Spanish criminal law.

(b) Where the duration of the probation measure or the replacement penalty is less than six months.

c) When the judgment or, where applicable, the probation resolution includes medical or therapeutic measures that, in accordance with Spanish law, the Central Criminal Judge cannot monitor.

d) When the conditions required for the transmission of a probation resolution are not met.

2. If any of the grounds for refusal of recognition and enforcement provided for in points (a) and (c) of Article 32 (1) or (3) or in Article 33 (1) or (b), (c) and (d) of the first subparagraph are rejected, prior to refusing the recognition and enforcement of the judgment or the probation decision, the Central Criminal Court shall consult the issuing State authority to clarify the situation and, where appropriate, to remedy the situation. the defect in which it would have been incurred.

3. Where the Central Criminal Court has decided to invoke one of the grounds for refusal referred to in Article 32 (2) and (3), it may agree with the competent authority of the issuing State to carry out surveillance of the the measures of probation or alternative penalties, without taking the responsibility of taking any subsequent decision.

In this case, the Judge shall inform the competent authority of the issuing State, through the certificate set out in Annex V, in the event of non-compliance with the probation measure or the replacement penalty by the person concerned. condemned.

Article 106. Adoption by the Central Judge of the Criminal of subsequent resolutions in relation to probation.

1. The Central Judge of the Criminal Court shall have jurisdiction for the adoption of subsequent decisions in relation to the freedom to be monitored in the event of non-compliance with the probation measure or the commission of a new criminal offence of the sentenced person, except the adoption corresponds to the issuing authority because it is one of these assumptions:

(a) Where the judgment does not impose a custodial sentence or measure to be applied in the event of non-compliance with the obligations or prohibitions in which the measure of probation consists.

b) In cases of conditional convictions.

c) In cases where the judgment relates to facts that do not constitute a legal infringement in our legal order.

When any of these assumptions are made, it will be communicated to the issuing State without delay, requiring it to take the appropriate decision, in the meantime, while the condemned measures are maintained.

2. Among the subsequent decisions which the Spanish judicial authority will take, in accordance with the Spanish legal order, are:

(a) The modification of the obligations or prohibitions contained in the measure of probation, as well as its duration.

b) Revocation of the suspension of execution of the sentence or resolution of the release on parole.

(c) The imposition of a custodial sentence or a measure of deprivation of liberty where it has already been specified by the issuing authority.

3. The custodial sentences or measures of freedom that proceed in accordance with these subsequent resolutions shall be carried out in accordance with the Spanish legislation.

4. The Central Criminal Judge shall inform the competent authority of the issuing State of the adoption of any of the decisions referred to in this Article, as well as of its execution and of those relating to the extinction of the measures of probation or substitute penalties.

5. The Central Criminal Court shall also inform, upon application by the issuing authority, of the maximum duration of the custodial sentence provided for in the Criminal Code for the offence which resulted in the conviction and which could be imposed on the a convicted person in case of a breach of conviction.

If, upon receipt of the probation resolution, the issuing authority will request information on the maximum duration of the custodial sentence provided for in our law for the infringement that gave rise to the The Court of Justice of the Criminal Court will inform

of the decision and that it could be imposed in the event of failure to comply with the sentenced of the probation measures.

Article 107. Withdrawal of the freedom resolution monitored by the issuing authority.

If the issuing authority withdraws the probation resolution, the Central Criminal Judge shall return the order and forward all acts to the issuing authority.

Article 108. Return of the probation resolution to the issuing authority.

The Central Criminal Judge shall return to the competent authority of the issuing State the jurisdiction in respect of the supervision of the probation measures and the substitute penalties and any subsequent related decisions with the statement:

a) In case of escape of the convicted person.

b) In case the convicted person ceases to have his habitual residence in Spain.

(c) At the request of the issuing State, where new criminal proceedings are open against the person concerned in that State.

TITLE V

Resolutions on alternative measures to provisional prison

CHAPTER I

General provisions

Article 109. Resolution on alternative measures to the provisional prison.

1. Decisions whose recognition and enforcement arrangements are governed by this Title are those adopted in criminal proceedings by the competent authority of a Member State for which one or more surveillance measures are imposed on a natural person. in place of temporary imprisonment.

2. With the transmission of the resolution on alternative measures to the provisional prison, the appropriate action of the courts should be ensured and, in particular, the appearance of the person concerned in the trial.

It should also improve the protection of victims, citizen security and promote the adoption of provisional freedom resolutions in relation to those who are not resident in the Member State where the process is followed. penalty against him.

Article 110. Scope of the resolution on alternative measures to the provisional prison.

1. The following surveillance measures are liable to be transmitted and implemented in another Member State of the European Union or of receipt by the competent Spanish judicial authorities:

(a) the obligation of the person to communicate to the competent authority of the executing State any change of address, in particular in order to be able to receive summons to appear in the proceedings or proceedings in the course of the criminal proceedings.

(b) The prohibition to enter certain localities, places or defined areas of the issuing State or the executing State.

c) The obligation to remain in a given place during the period of time.

(d) The obligation to respect the limitations imposed in relation to the departure of the territory of the executing State.

e) The obligation to present on certain dates to a specific authority.

f) The prohibition of approximating certain persons related to the alleged crimes committed.

g) Disqualification to exercise certain professions or activities linked to the offence allegedly committed.

h) The obligation not to drive motor vehicles.

i) The obligation to deposit a bond or to provide another guarantee, either in certain instalments or in a single payment.

j) The obligation to undergo a detoxification or addiction treatment.

k) The prohibition of the holding and carrying of weapons or other specific objects related to the offence prosecuted.

2. By way of derogation from paragraph 1, the measures provided for in points (g) to (k) of this Regulation may be transmitted only to those Member States of the European Union which assume their supervision by notification to the General Secretariat of the Council of the European Union.

3. The resolution on alternative measures to a provisional prison issued by a foreign authority may include those measures or other measures provided for in its legal order for which Spain has been notified.

Article 111. Competent authorities in Spain to issue and execute a resolution on alternative measures to the provisional prison.

1. They are the issuing authorities of a resolution on alternative measures to the provisional prison the Judges or Courts that have issued the interim release of the accused in the criminal proceedings.

2. They are competent authorities to recognize and execute a resolution on alternative measures to the interim prison the Judges of Instruction or the Judges of Violence on Women of the place where the accused has established his residence, in respect of offences falling within their jurisdiction.

CHAPTER II

Transmission of a Resolution on Alternative Measures to Provisional Prison

Article 112. Requirements for transmitting a resolution on alternative measures to the provisional prison.

1. The competent Judge or Court shall transmit the decision on alternative measures to the provisional prison to the competent authority of the Member State where one of the following circumstances is present:

(a) That the defendant has his legal and habitual residence in the executing State and consents to return to that State.

(b) That the person concerned requests to move to a State other than that of his residence and the competent authority of that State so consents.

2. The resolution on alternative measures to the provisional prison shall be transmitted to a single executing State at a time.

Article 113. Consultations and exchange of information between competent authorities on the resolution on alternative measures to the provisional prison.

The Spanish Judge shall maintain the necessary communication with the competent authority of the other Member State of the European Union, by means of the consultations which proceed, both before transmitting the decision and the certificate, and during his/her implementation to facilitate the proper monitoring of surveillance measures. They shall also be consulted in relation to the danger of the imputed and in the event of a serious breach of any of the surveillance measures imposed in the resolution.

These consultations shall enable the competent authority of the executing State to verify the identity and place of residence of the person concerned and to know all that information contained in the criminal record.

Article 114. Procedure for the transmission of the resolution on alternative measures to the provisional prison.

1. The issue of a resolution on alternative measures to the provisional prison must be agreed in accordance with the procedure laid down in this article either on its own initiative or at the request of the Prosecutor's Office or the defendant, without these requests are binding.

2. Prior to the issue of the resolution on alternative measures to the provisional prison, the Judge or the Court shall check whether, in relation to the same person and in different causes, other resolutionsconcerning alternative measures to the interim prison have already been agreed. provisional prison.

When there are several causes in which alternative measures have been imposed on the provisional prison of the accused, the procedure provided for in this article must be followed in each judicial authority that knows about each one of them. It should also be followed in the judicial authority that has decreed the search and capture of the accused in order to agree to his or her entry into remand.

If any of the Judges or Courts decided not to issue the resolution on alternative measures to the provisional prison and to maintain the surveillance measures agreed to be implemented in Spain or to maintain the measure concerned (a) preventive detention, as soon as possible, shall inform the other judicial authorities that they are dealing with the issue of a resolution on alternative measures to the provisional prison, in order to suspend the processing or leave without delay. the resolution already issued, all without prejudice to its resumption or transmission in a Further time.

3. Prior to the transmission of the decision, the judicial authority shall ask the person concerned whether he wishes to return or remain in his State of residence, giving him a maximum period of 30 days.

In case the imputed manifests its desire to comply with the measure in a different State, the judicial authority shall request from the competent authority of the same State the consent for the transmission of the resolution.

If the procedure is to be followed in several judicial bodies, for several of those who have decreed their provisional freedom, the consent of the accused person in a cause will be understood to be extensive to all others.

4. In the event that the processing takes place on the occasion of the arrest and making available to the detainee, the transfer to the Fiscal Ministry and to the parties personas will be done simultaneously to the celebration of appearance in the form provided for in the Criminal Procedure Law, where the consent of the accused is sought to return to the executing State. The Judge or Court shall decide on the issue within the time limit laid down for the regularisation of the personal situation of the detainee.

The provision of the imputed consent may be made simultaneously to any other hearing or hearing held during the proceedings.

Article 115. Documentation of the resolution on alternative measures to the provisional prison.

1. The resolution on alternative measures to the interim prison which is transmitted to another Member State shall be accompanied by the certificate, the model of which is set out in Annex VI.

2. If requested by the executing authority, the original of the certificate and the original or certified copy of the resolution shall be transmitted to it.

Article 116. Deadline for the supervision of alternative measures to the provisional prison in the executing State and its extension.

1. The decision on alternative measures to the provisional prison shall specify the period for which the measures are to be supervised, the maximum duration of which shall be determined by the limitation of the offence which motivates the provisional release of the compliance with the Spanish legislation, and if it is possible to renew it.

2. If, at the time of the expiry of the period of supervision of the surveillance measures, they are still necessary, the Spanish Judge or Court of issue shall again hear the Prosecutor's Office, the defendant and the parties personated for five days, continuation by reasoned order, issued within a further five days, if it is appropriate to request the implementing authority to extend the supervision of the provisional freedom in view of the specific circumstances of the case. The request shall expressly include the maximum extension period deemed necessary.

3. If the executing authority requires periodic confirmation of the need for supervision of the measures, the Judge or the issuing Court shall inform the Commission thereof within five days of receipt of the request for confirmation.

Article 117. Withdrawal of the resolution on alternative measures to the provisional prison.

1. As long as the implementation of the resolution on alternative measures to the provisional prison in the executing State has not commenced, the Judge or the issuing Court may withdraw the certificate in accordance with the provisions of this Article.

2. The decision shall be taken after the information provided by the executing authority on the maximum period laid down in its law for the supervision of the measures, the need to adapt them or the impossibility of delivering the imputed decision shall be taken. through the European arrest and delivery order if it fails to comply with the surveillance measure imposed in the provisional freedom resolution.

3. This information shall be received from the Judge or the issuing Court, the Prosecutor's Office shall be heard within three days. The Judge or the Court shall then order within a further three days, which may agree to withdraw the certificate, requesting the executing State not to take or supervise any measure.

4. In any event, the order must be notified to the executing authority within a maximum of 10 days from the receipt in Spain of the information on the maximum monitoring period, the adaptation of the measures or the impossibility of going to the mechanism. of the European arrest warrant in the event of non-compliance.

Article 118. Supervisory powers of the Spanish judicial authority issuing the resolution on alternative measures to the provisional prison.

While the competent authority of the executing State has not notified the recognition of the decision on alternative measures to the provisional prison which would have been transmitted to it, the Spanish judicial authority It shall remain competent for the supervision of the surveillance measures imposed. Upon receipt of such notification, the Judge or Court shall cease to have jurisdiction for the supervision of the surveillance measures imposed.

Article 119. Recovery of the competition for the supervision of surveillance measures.

1. The competence for the supervision of surveillance measures shall revert to the Judge or competent court in cases where:

(a) Remove the certificate and notify it to the competent authority of the executing State.

(b) The defendant transfers his legal and habitual residence to a State other than the executing State.

(c) The Judge or the Court has amended the surveillance measures and the competent authority of the executing State has refused to supervise those measures.

(d) The maximum time limit set by the executing State for the supervision of surveillance measures has elapsed.

(e) The competent authority of the executing State shall decide to cease monitoring of the surveillance measures and to inform the competent court or tribunal.

2. In any event, the Judge or Court shall be in permanent contact with the competent authority of the executing State in order to avoid any possible interruption in the supervision of surveillance measures.

Article 120. Powers of the issuing Spanish judicial authority for the adoption of subsequent decisions in relation to the resolution on alternative measures to the provisional prison.

1. The Spanish Judge or the Court of Justice shall have jurisdiction to take further decisions in relation to the decision on alternative measures to the provisional prison, either on its own initiative or as a result of the notification by the executing authority which warn of any non-compliance with the imputed of a surveillance measure or other information which may result in the adoption of a subsequent decision on provisional freedom.

In particular, the Judge or Court shall have jurisdiction to rule on:

(a) The renewal, revision or revocation of the resolution on alternative measures to the provisional prison.

b) The modification of the agreed surveillance measures.

(c) The issuance of a European arrest and delivery order or any other executive court ruling that has the same effect.

2. The Spanish issuing judicial authority shall also immediately notify the executing authority of the adoption of such subsequent decisions, as well as of the fact that an action has been brought in the face of the surveillance measures agreed.

CHAPTER III

Running a resolution on alternative measures to the interim prison

Article 121. Implementation in Spain of the resolution on alternative measures to the provisional prison.

1. The recognition of decisions on alternative measures to the provisional prison shall not be subject to the control of double criminality where it relates to facts typified as some of the offences listed in Article 1 (1). 20, provided that they are punished in the issuing State with custodial sentences or measures of a maximum duration of at least three years.

2. Only the resolution on alternative measures to the provisional prison referred to Spain may be recognised when, in compliance with the purposes required for its issuance, any of the following circumstances are:

(a) The defendant has his legal and habitual residence in Spain, provided that he consents to return, after having informed him of the measures in question.

(b) The competent Spanish authorities consent to the transfer of the decision on alternative measures to the provisional prison for execution in Spain where the person concerned would have requested it in the issuing State.

Article 122. Procedure for decision-making on the recognition of the resolution on alternative measures to the provisional prison.

1. The Judge of Instruction or Violence on the competent woman shall decide and communicate as soon as possible to the authority of the issuing State whether it recognizes the decision and whether it assumes responsibility for the supervision of the measures of surveillance.

The maximum period for issuing this decision shall be 20 working days from the date of receipt of the decision, unless exceptionally the Judge of Instruction or Violence on the competent woman informs the authority of the State of the failure to comply with that maximum period, communicating the reasons for the delay and the new time limit which it considers necessary.

2. Where an appeal is lodged against the resolution imposing surveillance measures, the time limit for the recognition of the resolution shall be extended by a further 20 working days.

3. Once the resolution of the issuing State has been recognized, the Judge of Instruction or Violence on Women will proceed to the supervision of the surveillance measures from the moment the accused is in Spain.

Article 123. Adaptation of the resolution on alternative measures to the provisional prison.

When the surveillance measures imposed are incompatible with the Spanish legal order, the Judge of Instruction or Violence on Women will adapt them, after hearing to the Prosecutor's Office, to those applied in the provisions of the Law on Criminal Procedure or other procedural rules in criminal matters which are applicable for equivalent offences, which shall correspond as far as possible with those laid down in the issuing State.

In no case will the adapted surveillance measure be more severe than the one initially imposed.

Article 124. Refusal of recognition and enforcement of the resolution on alternative measures to the provisional prison.

1. The Judge of Instruction or Violence on Women shall refuse the recognition and enforcement of the decisions imposing alternative measures to the provisional prison, in addition to the cases referred to in Article 32 (1) and (2). Following cases:

(a) When, by virtue of his age, the defendant cannot be held criminally liable for the facts on which the resolution is based, in accordance with Spanish criminal law.

(b) Where the conditions for the transmission of a resolution on alternative measures to the provisional prison are not met.

c) When, in the event that the accused failed to comply with the surveillance measures, the Judge of Instruction or Violence on Women was forced to refuse to give it to him in accordance with the provisions of this Law on the Order European arrest and delivery.

2. If any of the grounds for refusal of recognition and enforcement provided for in points (a) and (d) of Article 32 (1) or (b) of the previous paragraph are refused, before refusing the recognition and enforcement of the resolution, the Judge of Instruction shall request the authority of the issuing State to clarify the situation and, where appropriate, to remedy the defect in which it was incurred.

3. Where the Judge of Instruction or of Violence on Women considers to apply the grounds for refusal referred to in paragraph 1 (c) of this Article, but is prepared to recognise the decision and to supervise the surveillance measures, inform the competent authority of the issuing State, requesting it to withdraw the certificate or to accept such recognition, with the warning that the person may not be handed over under a European arrest warrant and delivery.

Article 125. Powers for the adoption of subsequent decisions relating to the resolution on alternative measures to the provisional prison.

1. Where the competent authority of the issuing State decides to renew, revise or withdraw the decision or issue a European arrest and surrender order, the Judge for Instruction or Violence on the competent woman shall recognise those measures. in order to make them effective in Spain. In the event of a European arrest and delivery order being issued, the competent Judge shall communicate the measures that he is executing to the Central Judge of Instruction of the National Court.

2. If the competent authority of the issuing State modifies the surveillance measures, the Judge of Instruction or Violence on Women may:

a) Adapting the modified measures when they are incompatible with the Spanish legal order.

b) Refusing to monitor the modified surveillance measures if they are not among the measures that Spain has undertaken to monitor.

Article 126. Extension of the supervision of surveillance measures.

When the competent authority of the issuing State requests the extension of the maximum period of supervision of the previously established surveillance measures, the Judge of Instruction or Violence on Women shall decide on the basis of the circumstances of the case and the provisions of the Spanish legal order, indicating, where appropriate, the new maximum period of supervision.

Article 127. Obligations of the Judge of Instruction or Violence on Women during the supervision of surveillance measures.

1. The Judge of Instruction or Violence on Women shall notify the competent authority of the issuing State, by means of the certificate set out in Annex VII, of any failure to comply with a monitoring measure and any other information which could lead to the adoption of a subsequent decision.

2. In the event that the issuing State authority withdraws the certificate, the Judge of Instruction or Violence on Women shall end the supervision of the surveillance measures as soon as they receive the relevant notification.

3. The Judge of Instruction or Violence on the competent woman shall inform the competent authority of the issuing State without delay of any change of residence of the accused person or of the impossibility of executing the measures for not finding him in Spain.

It will also report on the maximum period during which surveillance measures can be monitored in accordance with the provisions of the Spanish legal order and any decision to adapt the surveillance measures. imposed.

4. During the supervision of the surveillance measures, the Judge of Instruction or Violence on Women may request information from the competent authority of the executing State on the need for its continuity in the circumstances of the case. of the case.

Article 128. Delivery of the person subject to surveillance measures.

In case the competent authority of the issuing State has issued a European arrest and surrender order, the imputed shall be delivered in accordance with the provisions of Title II.

Article 129. Notifications with no response.

1. Where the Judge for Instruction or Violence on the competent woman has transmitted several notifications on the same person to the competent authority of the issuing State which require the adoption of a subsequent decision, and the latter does not it has adopted, shall require that authority to take such a decision within a maximum of 60 days.

If the authority of the issuing State does not take any decision within the prescribed period, the Judge of Instruction or Violence on Women may decide to stop supervising the surveillance measures, returning the competition to this.

TITLE VI

European Protection Order

CHAPTER I

General provisions

Article 130. European protection order.

1. The European protection order is a criminal decision issued by a judicial or equivalent authority of a Member State in relation to a protection measure which empowers the competent authority of another Member State to adopt the appropriate measures in favour of victims or potential victims of crimes likely to endanger their lives, their physical or psychological integrity, their dignity, their individual freedom or their sexual integrity, when they are on their territory.

2. The protection order can be issued both in relation to measures imposed in a precautionary way in criminal proceedings and in respect of custodial sentences, provided they consist of:

(a) The prohibition of entering or approximating certain defined localities, places or areas in which the protected person resides or who frequents.

(b) The prohibition or regulation of any contact with the protected person, including telephone, e-mail or postal contacts, by fax or by any other means.

c) Or the prohibition or regulation of the approach to the protected person at a distance less than that indicated in the measure.

Article 131. Competent authorities in Spain to issue and receive a European protection order.

1. They are competent authorities for issuing and transmitting a European protection order, the Judges or Courts which are aware of the criminal procedure in which the decision has been issued by adopting the protection measure.

2. They are competent authorities to recognise and execute the European protection order, the Judges of Instruction or the Judges of Violence on Women in the place where the victim resides or intends to do so, without prejudice to the provisions of the next item.

However, when probation resolutions or alternative measures have been issued to the provisional prison, it shall be competent to recognise and execute the European protection order, the same Judge or Court as You have recognized and executed those resolutions.

Article 132. Relationship of the European protection order with other resolutions of mutual recognition.

When a resolution on alternative measures to the provisional prison or probation provided for in this Law has been transmitted to another Member State or is subsequently transmitted, the protective measures the victim or potential victim shall be adopted in accordance with the rules governing those resolutions and by the competent authority to adopt these resolutions, without prejudice to the possibility of transmitting to another Member State a European order of protection.

CHAPTER II

Issuing and Transmitting a European Protection Order

Article 133. Requirements for issuing and transmitting a European protection order.

The competent Spanish Judge or Court may adopt a European protection order, taking into account, among other criteria, the duration of the period or periods in which the protected person intends to stay in the State of the need for protection, when the following requirements are met:

(a) That a criminal court decision has been issued by adopting the measure of protection, whether or not protective measures are imposed or of custodial penalties which, by virtue of their similar content, pursue the same purpose; protection of the victim.

b) That the victim resides, remains or intends to do so in another EU Member State.

c) That the victim requests the adoption of the protection order, by itself or through its guardian or legal representative.

Article 134. Procedure for the issuance of the European protection order.

1. The Spanish judicial authority which takes any of the protective measures provided for in this Chapter shall inform the protected person or its legal representative of the possibility of requesting a European protection order in the event of which decides to move to another Member State, as well as the basic conditions for submitting such a request. The authority shall advise the protected person to submit their application before leaving the territory of the issuing State.

2. The victim may make an application in the executing State.

3. Before issuing the European protection order, the person responsible for the hazard shall be heard, without in any case communicating the address or other contact details of the protected person, unless this is necessary for the execution of the measure adopted.

If the accused or convicted person had not been heard in the process prior to the adoption of the resolution that decreed protective measures, he, assisted by a lawyer, will be summoned to the Prosecutor's Office and to the other parties, to an appearance, to be held within 72 hours of receipt of the request. The Judge or Court shall decide by reasoned order.

Article 135. Documentation of the European protection order.

The European protection order shall be documented in the certificate provided for in Annex VIII and shall express whether it has been transmitted to another State, other than the executing State, a resolution on alternative measures to the provisional prison or of probation, indicating the authority of that State to which the respective certificates were sent.

Article 136. Transmission of a European protection order to several executing States.

The European protection order may be transmitted simultaneously to several executing States if the victim intends to remain in several of them.

Article 137. Powers of the Spanish Judge or Court following the transmission of the European protection order.

1. The Spanish judicial authority which has issued the European protection order shall have exclusive competence to adopt, in accordance with the provisions of the Spanish legal order, resolutions concerning:

(a) The extension, revision, amendment, revocation and cancellation of the protection measure and the European protection order.

(b) The imposition of a custodial measure as a result of the revocation of the protection measure, provided that the protection measure has been adopted on the occasion of a decision to adopt measures of freedom or probation, according to this Law.

2. The Spanish judicial authority shall without delay inform the competent authority of the executing State of any decision to amend the European protection order. It shall also respond to the request for information which it may make as regards the need to maintain the protection afforded by the European protection order in the circumstances of the particular case in question.

3. Where the protection measure is included in a judgment or resolution of probation and is amended, the issuing authority shall proceed without delay to extend, revise, amend, revoke or annul the European order of protection, informing the competent authority for its implementation.

CHAPTER III

Running a European Protection Order

Article 138. Implementation of a European protection order.

1. The competent court or tribunal which receives a European protection order for its execution, after hearing the Prosecutor's Office for a period of three days, shall recognise it without delay and shall adopt a decision imposing any of the measures. provided for in Spanish law for a similar case in order to ensure the protection of the protected person.

A European protection order will be recognised with the same priority as these measures in Spanish law, taking into account the particular circumstances of the case, including its urgency, the expected date of arrival. of the protected person to the territory of the executing State and, as far as possible, the severity of the risk to the protected person.

2. The protection measure adopted by the Judge or Court as the competent enforcement authority, as well as that which is subsequently adopted in the event of non-compliance, shall be adjusted as far as possible to the measure of protection ordered by the State of issue.

3. The Judge or the Court shall inform the person causing the danger, the competent authority of the issuing State and the protected person of the measures he has taken and the legal consequences of the infringement of such measures, in accordance with the provisions of the The provisions of Spanish law and of this Chapter. The person causing the danger shall not be made aware of the address or other contact details of the protected person unless this is necessary for the implementation of the measure taken.

4. In the order of recognition, the appropriate instructions shall be given to the State Security Forces and Corps to ensure that the measures taken in the protection order are complied with, as well as for their registration in the records that correspond.

5. Where the Judge or the Court of Justice finds that the information transmitted with the European protection order is incomplete, it shall inform the competent authority of the issuing State without delay, setting a reasonable period for the issue authority input the missing information.

6. Where the victim requests the adoption of the implementing measures before the Judge or Court competent for their recognition and enforcement in Spain, they shall without delay transmit the application to the competent authority of the issuing State.

Article 139. Failure to comply with a protection measure.

1. In the event of non-compliance with any of the protection measures taken, the Spanish judicial authority shall be competent to:

(a) Impose criminal sanctions and take any other measure as a result of non-compliance with such a measure, where such non-compliance constitutes a criminal offence under Spanish law.

b) Adopt any other resolutions related to non-compliance.

(c) Adopt urgent interim measures to end non-compliance, pending, where appropriate, a subsequent resolution of the issuing State.

2. The Spanish judicial authority shall notify the competent authority of the issuing State of any failure to comply with the measures taken under the European protection order. The notification shall be made through the certificate set out in Annex IX.

Article 140. Refusal of recognition and enforcement of the European protection order.

1. The Spanish judicial authority shall refuse the recognition of a European protection order where it is, in addition to one of the grounds provided for in Article 32, one of the following circumstances:

(a) That the resolution does not refer to any of the measures provided for in this Title.

(b) The protection measure relates to a fact that does not constitute a criminal offence in Spain.

(c) that the protection derives from the execution of a penalty or measure which, under Spanish law, has been subject to a pardon and corresponds to a fact or conduct on which it has jurisdiction.

(d) That, in accordance with Spanish law, the person causing the danger cannot be considered criminally responsible for the fact or conduct that has resulted in the adoption of the protection measure, for his age.

2. The Spanish judicial authority which refuses the recognition of a European protection order shall notify its decision and the reasons therefor, in addition to the competent authority of the issuing State, of the protected person, informing the latter, in his (a) the possibility of requesting the adoption of a protective measure in accordance with its national law and existing remedies.

Article 141. Amendment of the European protection order.

When the competent authority of the issuing State amends the European protection order, the Spanish judicial authority, after hearing the Prosecutor's Office, shall amend the measures taken, except in cases where the amendment does not conform to the types of prohibitions or restrictions provided for in this Chapter or where the information transmitted with the European protection order is incomplete and has not been completed within the time limit set.

Article 142. Completion of the measures taken under a European protection order.

1. The Spanish judicial authority may, after hearing the Prosecutor's Office, put an end to the measures taken to implement a European protection order:

(a) In case the competent authority of the issuing State has revoked or revoked the European protection order, as soon as it has received the relevant notification.

(b) Where there are clear indications that the protected person does not reside or remain in Spain or has permanently left the Spanish territory.

(c) Where the maximum period of validity of the measures taken has expired, in accordance with the Spanish legal order.

d) In the event that the protection measure for the causes provided for in the previous article is not modified.

(e) Where, following the recognition of the European protection order, a decision on alternative measures to the provisional prison or probation has been transmitted to the executing State.

2. The Spanish judicial authority shall immediately inform the protected person, in addition to the competent authority of the issuing State, of such a decision where possible.

3. Before putting an end to the protection measures, the Spanish judicial authority may request the competent authority of the issuing State to report on the need to maintain the protection afforded by the European protection order in the Member States. circumstances of the particular case in question, giving the effect of the maximum period of one month to that effect.

TITLE VII

Freezing of Goods and Test Assurance Resolution

CHAPTER I

General provisions

Article 143. Resolution of preventive seizure of goods and of assurance of evidence.

1. Resolutions whose recognition and enforcement arrangements are governed by this Title are those which are intended to prevent the destruction, transformation, movement, transfer or disposal of goods which may be subject to the to be seized or used as a means of testing.

2. A decision to, however, may be adopted in respect of any kind of property, whether material or immaterial, movable or immovable, and with the documents of evidence of a title or right on that property, of which the judicial authority of the State of issue considers that they constitute the product of an infringement or the instruments or objects of such infringement.

3. Evidence assurance decisions may be taken in relation to objects, documents or data which may subsequently be used as a means of evidence in criminal proceedings.

Article 144. Competent judicial authorities in Spain to issue and execute a resolution of freezing of assets and of assurance of evidence.

1. They are the issuing authorities of a freezing order for property and proof of evidence of the Judges or Courts who are aware of the process in which the measure is to be adopted, as well as the Prosecutors who conduct the proceedings. the investigation into which a test assurance measure which is not limited to fundamental rights is to be adopted.

2. They are competent authorities in Spain to execute a freezing order for the freezing of goods and to provide proof of the Judges of Instruction of the place where the goods or documents which are the subject of assurance or the evidence are found they must be insured, as well as the Prosecutors for the execution of those test assurance measures that they can carry out within their powers without taking any fundamental rights-limiting measures.

The change over the location of the object of the freezing order of assets and of the assurance of evidence shall not imply a loss of competence of the Judge of Instruction or of the Prosecutor that would have been agreed to the recognition and enforcement of the resolution transmitted to Spain.

If the certificate has been issued in relation to several assets located in different constituencies, the Judge of Instruction who first receives the certificate and in whose constituency one of those assets is located shall be competent to know about the attachment or assurance of all others.

If, in the same order, the seizure or preventive insurance of a good is urged, the seizure or insurance of the Judge of Instruction and another that could be the case of the Prosecutor's Office, the first one will know in full. of this resolution, without it being broken down into two different resolutions.

CHAPTER II

Issuing and transmitting a preventive seizure of goods and test assurance resolution

Article 145. Transmission of a freezing order of assets and evidence assurance.

1. Where a Spanish judicial authority considers that a measure of freezing of assets or of evidence in the territory of another Member State of the European Union is necessary, it shall forward its decision to the authority. competent judicial authority to carry out its enforcement.

2. They are requirements for the issuance of a freezing order of goods and evidence assurance:

(a) That the same has been given in criminal proceedings by the Judge or Tribunal in order to proceed to the subsequent confiscation of the goods or to have effects as a probative element, or that the Prosecutor's Office has adopted a measure of non-limiting testing of fundamental rights in an investigation procedure.

(b) The fact that the effects of the preventive or security embargo are pursued in another Member State are listed in the criminal proceedings or in the investigation proceedings.

3. The resolution shall clearly state whether the judicial cooperation required consists in the transfer to the Spanish judicial authority of the evidence or goods subject to the embargo, or if it is accompanied by a request for a seizure, or if it requires its stay in that State pending the adoption of any of the above measures.

Article 146. Procedure for the issuance of the freezing order for goods and for the assurance of evidence.

1. Prior to the issuance of a freezing order for the freezing of assets and the security of evidence, sufficient information may be obtained from the competent authority of the executing State on whether the goods are actually the object of insurance is in that State. This same information may be requested through the computer records or bodies deemed to be available to them.

2. The freezing order of assets and of the assurance of evidence may be agreed upon ex officio or at the request of a party.

3. If, during the criminal proceedings, the parties urge the issuance of the resolution, they will be asked to provide documentary justification or other evidence that evidence that the good exists and is located in the territory of the State of execution.

Article 147. Documentation of the freezing order of assets and evidence assurance.

1. The freezing order for assets and the assurance of evidence shall be documented in the certificate provided for in Annex X and shall be submitted in conjunction with the court decision which agrees to the precautionary measure.

2. Where it is necessary to ensure the validity of the means of proof, it shall be noted that the implementation of the measures agreed must be carried out in accordance with the formalities and procedures laid down in Spanish law which expressly indicate on the certificate.

Article 148. Transmission to several executing States of a resolution of freezing of assets and of evidence assurance.

The resolution of freezing of assets and of evidence assurance may be transmitted simultaneously to more than one executing State where the competent Spanish judicial authority has reasonable grounds to believe that the different objects of the resolution are in different States of implementation.

Article 149. Powers of the Spanish issuing authority following the transmission of a freezing order for the freezing of assets and the security of evidence.

1. Transmitted the freezing order of assets and evidence assurance, if the executing authority had limited the duration of the insurance and sought claims on the lifting of the measure over time, the Judge or Court shall hear the Prosecutor's Office and other parties personated for the period of five days. The Judge or Court shall then communicate to the executing authority the reasons for the maintenance of the measure or whether it is no longer necessary.

This same communication will be carried out by the Prosecutor's Office, which, in the course of a thorough investigation, will receive the transfer for allegations requested by the executing authority.

2. If the executing authority concerned claims by the Spanish issuing authority during the processing of an appeal against the decision which had been made in the executing State, the Judge or the Court, heard the parties persons and the Prosecutor's Office shall issue the same within 10 days after the transfer has been effected.

These claims will be submitted by the Prosecutor's Office when it has carried out the transmission of the decision within a number of investigations.

3. Where, in the case of preventive freezing of goods or evidence of evidence, it has been established that the judicial cooperation required is the permanence of such cooperation in the executing State pending the adoption of the confiscation of the goods or the transfer of the evidence to Spain, the Spanish issuing authority may refer the application for confiscation or transfer to the executing State.

CHAPTER III

Running a preventive asset and test assurance resolution

Article 150. Absence of double-typing control.

When the resolution of freezing of assets and of evidence assurance would have been issued for an offence belonging to one of the categories of offences listed in Article 20 (1) and that offence is punished in the issuing State with a custodial sentence of a maximum duration of at least three years, the competent Spanish judicial authority shall agree to the conduct of the measure without checking the double criminality of the facts.

Article 151. Procedure for the recognition of the resolution of the freezing of assets and of the assurance of evidence.

1. The decision to implement the decision shall be taken immediately and communicated without delay to the issuing judicial authority and to the Prosecutor's Office, by any means which shall leave a written record. The Spanish judicial authorities shall resolve the matter and shall communicate it within 24 hours of receipt of the decision.

2. The competent authority receiving the freezing order for goods and for the assurance of evidence shall, within five days of receipt, adopt the necessary measures for the investigation of the location of the object of the preventive embargo.

You may also direct communication to the issuing judicial authority to extend any circumstances relevant to the enforcement of the insurance measure.

Article 152. Measures to comply with the resolution of freezing of assets and of securing of evidence.

1. The resolution which agrees to the recognition and enforcement of the freezing of assets or of the assurance of evidence, shall determine which specific precautionary measure must be taken to carry out its implementation. The measure may consist of the deposit of the good, its preventive seizure, the blocking of bank accounts, deposits, securities or other securities or financial assets, as well as the prohibition on the availability of the good or any other precautionary measure. can be agreed in the criminal proceedings, and must always be carried out in accordance with the provisions of the Spanish legal order.

2. The competent authority shall inform the issuing authority immediately of the specific content of the measures taken to carry out the insurance.

3. Three months before the measure adopted reaches the duration determined in the order, the competent authority of the issuing State shall be transferred to the Member State to maintain or lift the issue.

4. Whether the object of the insurance is a probative element or a product, instrument or effect of the offence, the Judge of Instruction or the competent prosecutor shall respect the formalities and procedures indicated by the issuing authority, provided that they are not contrary to the fundamental principles of our legal order.

Article 153. Duration of the measure of preventive seizure of goods or of assurance of evidence.

1. The measure shall be maintained until the request for transfer or confiscation submitted by the issuing judicial authority is definitively resolved, without prejudice to any additional coercive measures that may be taken.

2. However, after consultation of the issuing authority, the competent Spanish authority, in accordance with national procedural rules, may impose conditions, appropriate to the circumstances of the case, to limit the duration or to amend the the measure in question, including the destruction and the anticipated performance of the legal effects. If, in accordance with those conditions, it is proposed to leave no effect or to amend the measure, it shall immediately inform the issuing authority so that it shall expose what it deems appropriate.

3. Where the issuing authority communicates that the measure it has requested has been left without effect, it shall be lifted without delay.

Article 154. Refusal of recognition and enforcement of a freezing order for the freezing of assets or evidence.

The Spanish competent authority shall refuse the recognition of a freezing order for the freezing of goods or of evidence when any of the grounds provided for in Article 32 are present.

Article 155. Failure to execute a freezing order of assets and test assurance.

It shall be immediately communicated to the issuing authority that the measure cannot be implemented in practice, because the goods or the evidence has disappeared, have been destroyed, have not been found at the appropriate place. on the certificate or not indicated with sufficient precision where the good or the test element is located, even after consulting the test element.

Article 156. Suspension of the execution of a measure of seizure of goods or of assurance of evidence.

1. The execution of a freezing order for the freezing of goods or of evidence transmitted by the judicial authority of another Member State of the European Union may be suspended in the following cases:

(a) Where enforcement can prevent the smooth development of an ongoing criminal investigation in Spain, for as long as necessary.

(b) Where the goods or evidence in question have been given an earlier measure in a judicial or administrative procedure, until such a measure is left without effect, provided that such measure takes precedence over subsequent Decisions to intervene of effects and instruments issued in criminal proceedings under national law.

2. The competent Spanish authority shall communicate to the issuing authority any other restrictive measures which have been taken on the good in question.

TITLE VIII

Confiscation Orders

CHAPTER I

General provisions

Article 157. Confiscation orders.

1. Decisions whose recognition and enforcement arrangements are governed by this Title are those for which a court imposes a fine or a firm measure following a procedure relating to one or more criminal offences, which has as a result the definitive deprivation of property.

2. The confiscation order may affect any type of property, whether material or intangible, movable or immovable, as well as to documents with legal force or other supporting documents of a title or right on such property. 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 158. Competent judicial authorities in Spain to transmit and execute a confiscation order.

1. They are the issuing authorities of a confiscation order the Judges or Criminal Courts who are aware of the execution of the sentence where the confiscation of a property is imposed as a consequence.

2. It is the competent authority to recognize and execute the confiscation order by the Criminal Judge of the place where any of the goods are seized.

The change over the location of the good will not imply a loss of the jurisdiction of the Judge of the Criminal who would have agreed to the recognition and execution of the confiscation order transmitted to Spain.

If the certificate has been issued in relation to several assets located in different constituencies, the Judge of the Criminal who first receives it and in whose constituency at least one of those assets is located shall be competent to know about the seizure of all others.

If the issuing authority did not know the location of the property to be seized and if it indicated on the certificate the place of residence or registered office of the person in respect of which the decision was made, the Judge of the criminal of that locality, even if it is later found that the property is located in another constituency or that the person has moved his address.

If the same certificate has been issued in relation to several persons, with residence in several places other than the Spanish territory, the Judge of the Criminal who first receives it and in whose constituency it is at least one of those addresses shall be competent to know of the confiscation ordered against the other persons covered by the certificate.

CHAPTER II

Transmitting a confiscation order

Article 159. Transmission of a confiscation order.

1. The confiscation order shall be transmitted to the competent authority of the Member State of the European Union in which it has reasonable grounds for the confiscation of the goods.

2. If, in relation to these goods, a resolution of the seizure of goods or of assurance of evidence in criminal proceedings had been issued and executed in advance, the Judge of the Criminal shall obtain the background from the Judge of Instruction to the effects of continuing its processing.

3. In the case of a confiscation order relating to a quantity of money, it shall be transmitted to the competent authority of the Member State of the European Union in which it has reasonable grounds to believe that the natural or legal person against whom the resolution has been dictated to have goods or revenues.

4. 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 160. Documentation of the confiscation order.

The confiscation order shall be documented in the certificate provided for in Annex XI and shall be submitted in conjunction with the judgment of the court which agrees to the final deprivation of the property.

The certificate shall specifically state that it is not necessary to impose custodial sentences or other rights as an alternative to the confiscation order.

In addition, in the event that in relation to the assets object of forfeiture a resolution of freezing of goods or of assurance of evidence has been executed in advance, it shall be expressly stated.

Article 161. Procedure for the transmission of the confiscation order.

1. Prior to the issue, the competent authority of the executing State or bodies which may provide information on the goods or income to which the measure is concerned may be obtained, as well as the usual residence or registered office of the person to whom the confiscation is affected.

2. The confiscation order may be issued either on its own initiative or at the request of a party. In the latter case, the party shall be required to provide documentary evidence or other evidence of evidence of the existence of the particular good and found in the territory of the executing State, of the existence of revenue in the that State or that the person to whom the judgment is addressed has in it his habitual residence or registered office.

3. During this procedure, resolutions may be issued for the freezing of assets or for the assurance of evidence or other requests for conventional judicial assistance to ensure the execution of the confiscation once it has been issued.

Article 162. 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 embargo has not been imposed in a preventive manner, in accordance with this Law.

(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. Provided that the confiscation order has not been fully complied with, it shall be referred to the States where the goods are presumed to be the property of the sentenced person.

Article 163. 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 164. Conversion of the confiscation.

1. Where a confiscation order concerns a particular property and the confiscation of that property is not possible under any circumstances, the Spanish judicial authority shall ask the competent authority of the executing State to take the confiscation of the property. the form of an obligation to pay a sum of money equivalent to the value of the good in question.

2. For such processing, once news is received of the impossibility of carrying out the confiscation of the particular good in question, it shall be agreed within the five-day period that the judicial assessment of the good shall be carried out. From its result, it will be transferred for five days to the Fiscal Ministry and to all the parties involved, in order to challenge the assessment or to express what is at its right. The incident shall end with the order issued by the Judge or the Court determining the amount of the payment obligation which, once signed, shall be communicated to the executing authority.

Article 165. Agreement between authorities on the disposal of the seized goods.

1. The competent court or tribunal which has issued the confiscation order may reach an agreement on the disposal of the seized goods at the request of the executing authority. In this case, the execution of the confiscation will be at the expense of what is agreed upon.

2. 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 agreement on the allocation of costs with the executing State.

CHAPTER III

Running a confiscation order

Article 166. Recognition of a confiscation order.

1. The competent criminal court shall recognise and execute a confiscation order when the property on which it is placed or the registered office or, where applicable, the registered office of the person concerned is located in Spain.

2. Where the confiscation order has been issued for a crime belonging to one of the categories of offences listed in Article 20 (1) and that offence was punishable in the issuing State with a custodial sentence The Court of Justice of the Criminal Court shall, at least three years, decide to carry out the measure without checking the double criminality of the facts.

3. 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.

Article 167. Procedure for the recognition of confiscation order.

1. The Judge of the Criminal who received the confiscation order will proceed to find out the location of the well-being.

The Criminal Judge may also direct communication to the issuing judicial authority to extend any circumstances relevant to the execution of the confiscation.

2. The Judge of the Criminal, after report of the Prosecutor's Office and other parties personated within five days, shall agree by order to the office of execution of the confiscation order duly transmitted, within a maximum period of ten days from its reception. The adoption of the confiscation order in question shall, where appropriate, apply to measures which have been agreed on the same goods in application of a preventive embargo.

Article 168. Execution of a confiscation order.

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 Judge of the competent criminal court shall agree that the confiscation takes the form of the obligation to pay a quantity 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 Judge, in the event that he is 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 court shall, where necessary, convert the amount to be seized into the currency of the executing State, applying the exchange rate in force in the the time to issue the confiscation order.

4. In all cases provided for in this Article, the Prosecutor's Office and other parties shall be heard for the period of five days.

Article 169. Execution of multiple confiscation orders.

1. Where the competent criminal court is dealing with two or more confiscation orders relating to a quantity of money handed down against the same natural or legal person who does not have sufficient means in Spain to be executed all of them, or when they relate to the same good, shall decide which or which of the resolutions shall be executed, after having duly considered all those 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 confiscation, in whole or in part, in another State, the competent authority of the issuing State shall be consulted by the competent criminal court. 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 170. Refusal of recognition and enforcement of a confiscation order.

1. The competent criminal court shall refuse the recognition and enforcement of the confiscation orders, in addition to the cases referred to in Articles 32 and 33, in the following cases:

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

(b) 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 157 (2) (d).

(c) Where the decision relates to facts that have been committed outside the issuing State and the Spanish law does not permit the prosecution of such offences when they have been committed outside their territory.

2. If any of the grounds for refusal of recognition and enforcement provided for in points (a), (c) and (d) of Article 32 (1), Article 33 (1) or (b) and (c) of the previous paragraph are not met, before the end of the period of The Court of Justice shall consult the competent authority of the issuing State in order to clarify the situation and, where appropriate, to remedy the defect in which it has been incurred. This forecast shall also apply in the case of point (a) of the previous paragraph where the interposition of a resource in Spain has not been reported.

Article 171. Suspension of the execution of a confiscation order.

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 172. 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. When 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 its 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.

TITLE IX

Resolutions imposing pecuniary sanctions

CHAPTER I

General provisions

Article 173. Pecuniary sanction.

1. A financial penalty shall mean the amount of money required by a final judgment in respect of a fine imposed as a result of the commission by a natural or legal person of a criminal or administrative offence, provided that with the latter, administrative sanctions would be subject to a criminal court.

2. For the purposes of this Law, the amounts shown in the relevant resolutions shall also be included in the financial penalties and refer to the following concepts:

a) Aquella amount of money imposed on court costs or administrative expenses incurred in the proceeding.

(b) Compensation for the benefit of the victims, provided that the victim cannot be a civil party to the proceedings and the court acts in the exercise of its criminal jurisdiction.

c) An amount intended for a public fund or a victim support organization.

3. The financial penalty for the purposes of this Law may not include orders for the confiscation of instrumentalities or proceeds of crime, for which the rules provided for in Chapter III of this Title shall apply.

The pecuniary sanction shall also not be able to include resolutions of restitution, nor reparation of the damage or compensation of material and moral damages, determined in a criminal procedure, without prejudice to the provisions of the letter (b) of the preceding paragraph.

When a judgment given in Spain included a conviction for reparation of the damage or compensation for material and moral damages in favour of the victims or harmed, the Spanish criminal judicial authority will urge its execution through the mechanisms provided for in the rules of civil judicial cooperation in the European Union.

Article 174. Competent judicial authorities in Spain to transmit and execute a decision requiring the payment of a financial penalty.

1. It is competent authority to transmit a decision requiring the payment of a financial penalty imposed on a natural or legal person possessing property or obtaining income in another Member State of the European Union, the body Criminal court competent for its enforcement in Spain.

2. It is competent authority to recognise and implement the resolution requiring the payment of a financial penalty:

(a) The principal, the Judge of the Criminal place of the place of residence of the sentenced person or where he has his registered office if it is a legal person.

(b) Subsidaily, the Criminal Judge of the place where any of the immovable property owned by the natural or legal person is found to be liable to the payment of a fine.

c) Finally, the Criminal Judge of the place where any of the sources of income of the convicted person in Spain are found.

The change of any of these circumstances by transfer of residence of the sentenced person or of his/her registered office, sale of the property or change in his sources of income, will not imply a loss of competition of the Judge of the Criminal which would have agreed to the recognition and enforcement of the decision requiring the payment of a financial penalty transmitted to Spain.

In the event that the same certificate relates to a number of persons and one of them complies with any of the requirements set out in this paragraph, the competent Criminal Judge may assume the execution in relation to all the persons concerned. condemned, without the need to divide a single resolution requiring the payment of a financial penalty in several cases.

Article 175. Destination of the amounts charged.

1. The amounts received in respect of the execution of a decision in Spain shall be entered in the account of deposits and judicial appropriations, unless otherwise agreed with the issuing State in respect of the amounts which constitute compensation for the benefit of the victims referred to in point (b) of Article 173 (2).

In this case, if the issuing State requests these amounts, the Criminal Judge will seek the opinion of the Prosecutor's Office, giving it a period of ten days, and will decide what is necessary on the fate of the quantities. compensation for victims and victims. The Registrar shall transfer the amounts in accordance with the terms of the agreement.

2. Outside the case of compensation for the benefit of the victims, no other agreement may be accepted which may vary the rule as set out in the previous paragraph.

CHAPTER II

Transmission of a resolution requiring the payment of a pecuniary penalty

Article 176. Transmission of a resolution requiring the payment of a financial penalty.

1. The decision requiring the payment of a financial penalty shall be transmitted to the competent authority of the Member State of the European Union in which the sentenced natural or legal person owns property, obtains income or has his residence or its registered office, in order for it to be implemented.

2. The Spanish criminal judicial authority shall transmit the decision to a single executing State at a time.

Article 177. Documentation of the resolution requiring the payment of a financial penalty.

1. The decision requiring the payment of a financial penalty shall be documented in the certificate provided for in Annex XII and shall be transmitted in conjunction with the judgment or final judgment imposing the fine.

2. The certificate shall, where appropriate, determine the amount of the liquid to be paid under the system-fine system provided for in the Criminal Code.

3. The certificate shall contain the provision that the penalty of fine shall be converted into a custodial sentence or work for the benefit of the community in the event of non-payment, in accordance with the provisions of the Penal Code, duration.

Article 178. Procedure for the transmission of the resolution requiring the payment of a financial penalty.

1. The Judge or Court shall hear the Prosecutor's Office within five days and shall resolve by reasoned order issued within five days.

2. Prior to the issue, the competent authority of the executing State or bodies may be required to provide it with sufficient information as to whether the sentenced person actually has assets or income in that State; or on if you have your residence in it.

Article 179. Consequences of the transmission of a decision requiring the payment of a financial penalty.

1. Once the resolution has been transmitted, the Spanish criminal judicial authority may not proceed to its execution, except in cases where its return occurs.

Such a suspension will only reach the pronouncements relating to the imposition of a penalty of fine and to the costs.

2. If, after passing a judgment, the pecuniary sanction was paid voluntarily by the sentenced person or had been executed as a result of previous judicial proceedings, the Spanish criminal judicial authority shall apply the payment. received in the form legally provided for and shall immediately inform the competent authority of the executing State, indicating the reduction in the amount and the concepts contained in the financial penalty subject to the execution.

CHAPTER III

Running a resolution requiring the payment of a pecuniary penalty

Article 180. Recognition and enforcement in Spain of a decision requiring the payment of a financial penalty.

1. The competent criminal court shall be obliged to recognise and execute a decision requiring the payment of a financial penalty which has been referred to it by the competent authority of another Member State, without double checking a classification where it relates to any of the offences listed in Article 20 (1) and (2

.

2. The financial penalty that has been imposed in the issuing State shall also be executed for a legal person for a criminal offence for which its liability under Spanish law is not foreseen.

Article 181. Procedure for the recognition and enforcement of a decision requiring the payment of a financial penalty.

1. The Judge of the Criminal who received the resolution will proceed to the investigation of the following extremes:

(a) If the sentenced person has his residence or registered office in Spain.

b) Only if there is no registered office or registered office in Spain of the sentenced person, if the same has his name registered some good in the Registry of the Property.

c) If neither of the above two circumstances were given, if the convicted person has any source of income in Spain.

2. The Judge of the Criminal, after a report of the Prosecutor's Office issued within five days, shall agree to the dispatch of the execution of the resolution of pecuniary sanctions duly transmitted by order, within a maximum period of five days from its receipt.

3. When the amount of the penalty is registered in the certificate in a foreign currency, the judicial secretary will convert the amount to euros, applying the exchange rate in force at the time the penalty was imposed.

Article 182. Refusal of recognition and enforcement of a decision requiring the payment of a financial penalty.

1. The Judge of the competent Criminal Court shall refuse to recognise and enforce decisions requiring the payment of a financial penalty, in addition to the cases referred to in Articles 32 and 33, in the following cases:

(a) When the resolution punishes a natural person who, because of his age, could not have been considered a criminal person in accordance with the provisions of Spanish legislation.

(b) Where, according to the certificate, in the case of a written procedure, it has not been informed of its right to challenge the decision and the time limits for the interposition of that appeal.

(c) When, according to the certificate, the imputed has not been informed, personally or through a representative, of his right to challenge the resolution and the time limits for the interposition of such an appeal.

(d) Where the financial penalty is less than EUR 70 or, in the case of another currency, an equivalent amount.

(e) When, of the certificate and resolution communicated for its execution, it is evidenced that there has been a violation of the fundamental rights and fundamental legal principles enshrined in Article 6 of the Treaty of the European Union and reflected in the Charter of Fundamental Rights of the European Union.

(f) Where the decision relates to facts that have been committed outside the issuing State and the Spanish law does not permit the prosecution of such offences when they have been committed outside their territory.

2. If any of the grounds for refusal of recognition and enforcement provided for in Article 32 (1) (d) or Article 32 (3), or in points (b) and (c) of the preceding paragraph, are to be refused, prior to the partial or full refusal of recognition and enforcement of the decision, the Criminal Judge shall consult the competent authority of the issuing State to clarify the situation and, where appropriate, to remedy the defect in which the decision was taken. incurred.

Article 183. Review of the amount of the penalty.

1. If the person who is sanctioned presents a proof of full or partial payment in any State, the Criminal Judge shall consult with the competent authority of the issuing State and deduct the part of the penalty which has been effectively charged in another State of the amount under execution in Spain.

2. Where it is established that the decision relates to facts not committed within the territory of the issuing State and on which the Spanish criminal judicial authorities have jurisdiction, the Judge of the Criminal Court may decide on the reduction the amount of the fine executed at the maximum amount foreseen for acts of the same type as provided for in the Spanish legal order.

3. In such cases, the competent criminal court shall inform the competent authority of the issuing State of the partial nature of the enforcement of the decision by any means which it leaves in writing.

4. In those cases where the penalty would have been imposed in a different currency, the Criminal Judge will convert the amount of the penalty to euros, applying the exchange rate in force at the time the penalty was imposed.

Article 184. Alternative sanctions in the event of non-payment of the financial penalty.

1. Where it is impossible to fully or partially execute a decision, the competent criminal court may apply alternative sanctions, including deprivation of liberty, in accordance with the provisions of the Spanish legal order, in cases where the State of issue would have agreed to apply those alternative sanctions on the certificate presented and, in any event, without exceeding the maximum level of the sanction provided for in the certificate.

In no case will the deprivation of liberty be applied as an alternative sanction where the pecuniary sanction whose execution is requested would have been imposed by the commission of an administrative infringement, even if it had been appealed to a criminal court in the issuing State.

2. The competent Criminal Judge shall immediately inform the application of an alternative sanction in accordance with the provisions of the previous paragraph.

Article 185. Suspension of the enforcement of a decision requiring the payment of a financial penalty.

The Criminal Judge shall be obliged to suspend the enforcement of the resolution as soon as the competent authority of the issuing State informs him of the adoption of any resolution or measure having the effect of suspending or leave the resolution without effect for any other reason, including the granting of amnesty or pardon.

In either case, the Criminal Judge will return the resolution to the competent authority of the issuing State.

TITLE X

European Test Get Urged

CHAPTER I

General provisions

Article 186. European Evidence Get Urged.

1. The European Evidence Warrant is a judicial decision issued by the competent authority of a Member State in order to collect objects, documents and data from another Member State for use in criminal proceedings.

2. The European Evidence Warrant may refer to proceedings initiated by the competent authorities of other Member States of the European Union by the Commission on facts established as administrative offences in their national law, where the decision may give rise to proceedings before a court in the criminal order.

Article 187. Scope of the European Evidence Warrant.

1. The European Evidence Warrant may be issued for the purpose of obtaining duly identified documents or data in the executing State that are required for criminal proceedings in Spain.

The EEW may comprise objects, documents or data already held by the executing authority, as well as any other object, document or data that the executing authority discovers during its execution when, without mediating other complementary investigations, consider them relevant to the procedure for which it was issued and so declare.

2. Except in cases where the request is made possible under the provisions of the preceding paragraph because the object, document or data already held by the executing authority before the issue, the European Evidence Warrant cannot be issued to request the executing authority:

a) That you maintain interviews, take statements, or initiate interrogations with suspects, witnesses, experts, or anyone else. However, the Spanish judicial authority may request the taking of statements, in accordance with the law of the executing State, to those persons who were present during the execution of the EEW and were directly related. with the subject to which it relates.

b) That you carry out body records or obtain directly from the body of any person organic materials or biometric data, such as DNA samples or fingerprints.

c) To obtain real-time information through communications, surveillance, or bank account control.

d) To analyze existing objects, documents, or data.

e) That obtains communications data held by providers of an electronic communications service accessible to the public or a public communications network.

3. Criminal records shall have a specific transmission regime, falling outside the scope of the European Evidence Warrant.

Article 188. Competent authorities in Spain to issue and execute a European Evidence Warrant.

1. In Spain, they are the issuing authorities of a European order to obtain evidence from the Judges or Courts who are aware of the process in which it is necessary to obtain the document, object or data, as well as the Prosecutors who conduct the proceedings of The investigation into which the EEW is to be adopted.

2. It is the competent authority to recognise and execute the European Evidence Warrant, provided that the objects, documents or data can be obtained without the adoption of any fundamental rights-limiting measures.

In another case, as well as when the Prosecutor's Office understands that the recognition or enforcement of the EEW must be refused, the Judge of Instruction of the place where any of the objects are found shall be competent authority. documents or data intended to be obtained with the EEW.

The change over the location of the objects, documents or data will not imply a loss of competition from the Prosecutor or the Judge of Instruction that would have agreed to the recognition and execution of the EEW. European of obtaining evidence transmitted to Spain.

If the certificate has been issued in relation to several objects, documents or data located in different constituencies, the Prosecutor or, where appropriate, the Judge of Instruction who first receives it and in whose constituency find at least one of those objects, documents or data to be competent to know how to obtain all the others.

CHAPTER II

Issuing and transmitting a European Evidence Warrant

Article 189. Issuance and transmission of the European Evidence Warrant.

1. The competent Spanish judicial authority shall issue an appeal only where the following conditions are met:

a) That the objects, documents, or data are sufficiently identified.

(b) The purpose of which is to indicate in the criminal proceedings or in the investigation proceedings that the object, document or information to be obtained is found in another Member State or, in the case of electronic data, which are directly accessible from it in accordance with its legislation.

c) That the objects, documents, or data are required for the procedure.

d) That it is provided to collect those objects, documents, or data for the procedure.

e) That, in accordance with Spanish law, in an equivalent national case, the Judge, the Court or, where appropriate, the Prosecutor if he is the issuer of the EEW, may agree to obtain the object, document or data if it is available in Spain.

2. Where the conditions laid down in the preceding paragraph are met and the competent Spanish judicial authority has reasonable grounds to believe that the objects, documents or data are in another Member State of the European Union or that in the case of electronic data being directly accessible in accordance with its legislation, it shall without delay transmit the EEW to its competent authority.

3. The evidence obtained through an appeal carried out in accordance with the procedural rules of the executing State and, where appropriate, in accordance with the formalities expressly indicated by the Spanish authority, shall have full effects and shall not be (a) the right of appeal to control the guarantees of impartiality observed in its procurement or the value of the acts in form.

Article 190. Documentation of the European Evidence Warrant.

The European Evidence Warrant shall be documented in the certificate provided for in Annex XIII, the only document to be sent to the executing authority.

The certificate shall be expressly stated if the EEW completes another prior or if it is in a row for a freezing order for goods or for the assurance of evidence.

Also, if due to procedural deadlines or other particularly urgent circumstances, the execution of the EEW should be required within a shorter period of time than is legally foreseen, and shall be indicated in the certificate.

Article 191. Procedure for the transmission of the European Evidence Warrant.

1. The European Evidence Warrant may be agreed upon ex officio or at the request of a party.

If during the criminal proceedings it is the party that is requesting the issue, you will be asked to justify documenting or otherwise indicating the existence of the object, document or data and found in the territory of the Execution status.

2. Prior to the issue, the competent authority of the executing State or of the bodies which may provide it may be requested to provide sufficient information as to whether the object, document or data is actually in that State.

3. If for validity as a source of proof of the object, document or data in Spain, a specific formality or procedure is required in obtaining it, it shall be recorded in the certificate issued by the issuing authority. Only those whose infringement will affect the essential guarantees of the procedure for affecting fundamental rights shall be referred to as formalities or specific procedures.

4. The Spanish authority may also request the executing authority to obtain any other object, document or data which the executing authority considers relevant to the Spanish process, provided that its use in the process does not require additional research.

Article 192. Transmission of the European Evidence Warrant.

1. The European Evidence Warrant may be transmitted simultaneously to all States where there are reasonable indications that the object, document or data to be obtained is found on its territory.

2. Where the competent Spanish authority participates in the enforcement of the EEW in the Member State of enforcement, it may transmit directly to the executing authority an appeal to the executing authority as long as it is in that State.

Article 193. Resources in the Execution State.

If the executing authority is interested in allegations by the Spanish judicial authority in the course of an action brought in front of the decision which has been given in the executing State, the authority After hearing the parties personated for five days, the Spanish authorities shall issue the same within five days after the transfer has been made to them.

Article 194. Use in Spain of personal data obtained in the execution of the EEW in another Member State.

1. Personal data obtained from the execution of an EEW may only be used in the processes in which that resolution may be agreed, for others directly related to that or exceptionally to prevent an immediate threat. and severe for public safety.

To use for other purposes the personal data obtained, the competent Spanish judicial authority shall obtain the consent of the competent authority of the executing State or directly of the person concerned.

2. Where the competent authority of the executing State so requires in such a case, the competent Spanish judicial authority shall inform it of the use it makes of the personal data which had been transmitted through the EEW, with the exception of those obtained during their execution in Spain.

CHAPTER III

Running a European Evidence Get Urged

Article 195. Execution in Spain of a European Evidence Warrant.

1. The recognition and enforcement of a European Evidence Warrant shall not be subject to the verification of double criminality, unless in accordance with Spanish law it is necessary to proceed to a registration or seizure for obtaining those objects, documents or data deemed necessary in the framework of the criminal proceedings.

2. Where it is necessary to carry out a search or seizure to execute the EEW, the offences listed in Article 20 (1) shall not be subject to the control of double criminality, provided that they are punishable in the issuing State. with custodial sentences of a maximum duration of at least three years.

3. If the EEW could be executed through various means, the least restrictive of individual freedom will be chosen.

Article 196. Procedure for the recognition and enforcement of the European Evidence Warrant.

1. The Prosecutor or the Judge of Instruction received by the European Evidence Warrant shall agree, within five days of receipt, of the finding of the location of the object, document or data intended to be collected with the object.

You may also direct communication to the issuing judicial authority to extend any circumstances relevant to the correct procurement, such as more specific details about the location or its characteristics.

2. The Prosecutor or the Judge of Instruction in charge of the processing of the file of the European Evidence Warrant will issue a decree or order, respectively, recognizing whether all the legally required requirements are met and if he does not appreciate the concurrency of cause of refusal. The decree or order must be issued within a maximum period of ten days from the receipt of the order in Spain and shall contain the necessary instructions to the State Security Forces and Corps, to other administrative bodies or authorities or to private persons to collect the objects, documents, or data.

3. In the course of the execution of the EEW the Prosecutor or the Judge of Instruction may assess the possibility of undertaking new unsolicited investigative measures when it considers that it may be appropriate.

When the issuing State participates in the execution in Spain, the Prosecutor or the Judge of Instruction will receive the exhort that can transmit directly the issuing authority as long as it is in our country and that it completes the previous one.

4. If the issuing authority is not a Prosecutor, Judge or Court and the EEW has not been validated by any of those authorities of the issuing State, the Prosecutor or the competent Judge of Instruction shall carry out the registration measures. and the necessary seizure, unless Spain is present at the General Secretariat of the Council of the European Union to declare that it requires such validation for the purposes of the execution of the EEW.

5. If the certificate is received, the Prosecutor will appreciate the concurrence of some cause which could motivate the refusal of the recognition or execution of the European Evidence Warrant, or if for its execution it was necessary to adopt measures (a) the certificate, together with a reasoned report on the concurrent cause, shall be sent by the competent authority of the place where it is situated, within a maximum of 10 days from the receipt in Spain. located the object, document or data, in accordance with the criteria set out above in case of that are several.

The Judge will dictate self-motivated by recognizing or denying the execution of the EEW within five days.

The decision to recognise and execute the European EEW or to refuse it must be taken as soon as possible, and no later than 30 days from the receipt of the EEW in Spain.

Article 197. Obtaining and moving the objects, documents or data obtained in accordance with the European Evidence Warrant.

1. The competent enforcement authority shall take possession of the objects, documents or data requested in the EEW within a maximum of 60 days from the day of receipt of the objects, documents or data, unless any of the grounds provided for therein are met. his suspension. Where the issuing authority, for reasons of urgency, requests the execution within a shorter period, the executing authority shall proceed without delay.

Where this is not possible, the competent authority of the issuing State shall be informed of the reasons for the delay and of the expected new deadline for obtaining the goods subject to the EEW.

2. Except in cases where an appeal has been brought against the recognition and enforcement of the EEW or where there is any reason for justified postponement, the objects, documents or data obtained shall be immediately transferred. in accordance with the EEW and it shall be indicated if it is requested that they be returned to Spain as soon as the competent authority of the issuing State is no longer required.

Article 198. Refusal of recognition and enforcement of the European Evidence Warrant.

1. The competent Instruction Judge shall refuse the recognition and enforcement of the EEW, in addition to the cases referred to in Article 32 (1), in the following cases:

(a) Where it is not possible to implement it by any of the measures provided for in national legislation.

(b) Where the case provided for in Article 196 (4) takes place and the EEW has not been validated by the competent judicial authority.

(c) Where enforcement may injure essential national security interests, engage the source of information or involve the use of classified information related to certain activities of intelligence.

(d) Where the decision relates to facts that have been committed outside the issuing State and the Spanish law does not permit the prosecution of such offences when they have been committed outside their territory.

2. The competent authority shall refuse the recognition and enforcement of the EEW when, in addition to being an infringement other than those provided for in Article 20 (1), it is necessary for its implementation to be carried out on a register or seizure.

3. The decision to refuse recognition and enforcement of the EEW shall be issued by the Judge of Instruction within thirty calendar days of receipt. Where it is not possible to meet this deadline, the Judge of Instruction shall inform the competent authority of the issuing State of the reasons for the delay and of the new time limit laid down for his action.

4. Where the Judge of Instruction raises the possibility of refusing the recognition and enforcement of an EEW for dealing with offences which Spanish law considers to be committed in whole or in part on Spanish territory, it shall consult Eurojust before issuing a decision and shall take into consideration in the specific case whether a part of the offence took place in the issuing State, if those facts do not constitute a crime in accordance with Spanish law and if it is necessary to carry out a registration and seizure operation for the execution of the EEW. In the event of disagreement with Eurojust, the Judge of Instruction shall express the reasons therefor.

5. If any of the grounds for refusal of recognition and enforcement provided for in Article 32 (1) (a) and (c) are to be refused, before the recognition and enforcement of the EEW has been partially or wholly refused, the Instruction shall consult the competent authority of the issuing State to provide the necessary supplementary information without delay and, where appropriate, to remedy the defect in which it was incurred.

Article 199. Specific information about the course of execution of the EEW.

The Prosecutor or the Instruction Judge in charge of the execution shall immediately inform the issuing authority in the following cases:

(a) If you consider, in the course of the execution of the EEW and without having made other inquiries, that the investigation measures not provided for in the EEW could be taken or that they could not be known when the EEW was issued, the issuing authority agrees as appropriate.

(b) If the EEW has not been executed in accordance with Spanish law, stating the reasons and in which the infringement has been involved.

c) If the EEW cannot be executed in accordance with the formalities and procedures expressly indicated by the issuing authority.

d) If the EEW has not been executed due to the disappearance or destruction of the objects, documents or data, the impossibility of finding them in the indicated place or the lack of sufficient details about its location, despite of having consulted the issuing authority.

Article 200. Suspension of execution of the EEW.

1. The Prosecutor or the Judge of Instruction shall suspend the execution of a European Evidence Warrant when:

a) The certificate provided for in the Annex is incomplete or manifestly incorrect, until it is completed or corrected.

(b) In the case provided for in Article 196 (4), the EEW has not been validated until such validation occurs.

(c) Its execution may prejudice a criminal investigation or criminal prosecution in progress, until such time as it is deemed necessary.

d) The objects, documents or data in question are being used in other procedures, until they are no longer required for this purpose.

2. Once the causes causing the suspension cease to exist, the Prosecutor or the Judge of Instruction shall take the necessary measures for the execution of the EEW, without delay informing the judicial authority of the issuing State.

Additional disposition first. Referral and enforcement of European arrest and delivery orders from or to Gibraltar.

European arrest and surrender orders coming from or directed at the British colony of Gibraltar shall be governed by the provisions of the "Regime agreed upon by the authorities of Gibraltar in the context of the Union's instruments". European Community and the European Community and the Treaties ", contained in Council document 7998/00 JHA 45 MI 73 of 19 April 2000.

Additional provision second. Transmission of preventive measures for the freezing of goods and the provision of evidence and financial penalties with the United Kingdom and the Republic of Ireland.

The transmission of preventive and evidence-assurance and financial sanctions decisions with the United Kingdom and the Republic of Ireland shall be carried out in accordance with the provisions of this Law, unless they are States manifest by declaration lodged with the General Secretariat of the Council of the European Union and notified to the Commission that they opt for the transmission of their resolutions and the corresponding certificate through an authority or the authorities specified in the declaration.

Additional provision third. Information on the statements made to the General Secretariat of the Council of the European Union.

The Ministry of Justice, the General Council of the Judicial Branch and the Attorney General of the State will coordinate so that through their websites the statements that Spain and the other Member States have made before the General Secretariat of the Council of the European Union, renouncing its consent for certain actions relating to the recognition and enforcement of instruments of mutual recognition.

First transient disposition. Transitional arrangements.

1. This Law shall apply to decisions which are transmitted by the competent Spanish authorities or which are received by those authorities after their entry into force, irrespective of whether they were previously issued or which refer to facts prior to it.

2. Decisions whose application for recognition and enforcement would have been transmitted by the Spanish judicial authorities or which had been received by those authorities at the time of entry into force of this Law, shall continue to be processed until its conclusion in accordance with the rules in force at that time.

3. For the sole purposes of Article 83.1 of this Law, in the case of applications for recognition and enforcement which could have been submitted from 5 December 2011 and before the entry into force of this Law Law shall apply the legislation in force at the time of the application to be more favourable to the sentenced person.

Second transient disposition. Referral and enforcement of convictions in Poland.

The provisions of Article 67 (2) (a) shall not apply to Poland, whether or not it is an issuing State or a State of enforcement, in those cases where the judgment has been issued before the date of issue. a period of five years from 5 December 2011, unless he renounces recourse to this derogation by notification to the General Secretariat of the Council of the European Union.

Transitional provision third. Equivalence of the description of the Schengen Information System.

On a provisional basis, until the moment when the Schengen Information System has the capacity to transmit all the information set out in Article 36, the description shall be equivalent to a European arrest and delivery order. until the executing judicial authority receives the original in good and due form.

Single repeal provision. Regulatory repeal.

Law 3/2003 of 14 March 2003 on the European arrest and delivery order is repealed; Law 18/2006 of 5 June for the effectiveness of the freezing and testing decisions in the European Union criminal proceedings; Law 1/2008 of 4 December 2008 for the implementation in the European Union of decisions imposing financial penalties and Law 4/2010 of 10 March for the implementation in the European Union of judgments of seizure.

Final disposition first. Updating attachments.

The Council of Ministers is authorised, on the initiative of the Minister of Justice, to update the models of certificates set out in the Annexes to this Law when they have been amended by European Union rules.

Final disposition second. Competence title.

This law is dictated by the provisions of Article 149.1.6. of the Constitution, which attributes jurisdiction to the State in matters of procedural law.

Final disposition third. Incorporation of European Union law.

By this law they are incorporated into Spanish law:

(a) Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and on the procedures for the delivery between States.

(b) Framework Decision 2003 /577/JHA of 22 July 2003 on the implementation in the European Union of the freezing orders for goods and the assurance of evidence.

(c) Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition of financial penalties.

(d) Framework Decision 2006 /783/JHA of 6 October 2006 on the application of the principle of mutual recognition of confiscation orders.

(e) Framework Decision 2008 /909/JHA of 27 November 2008 on the application of the principle of mutual recognition of judgments in criminal matters imposing penalties or other custodial measures for the purposes of of its implementation in the European Union.

(f) Framework Decision 2008 /947/JHA of 27 November 2008 on the application of the principle of mutual recognition of judgments and resolutions of probation with a view to the surveillance of freedom measures monitoring and replacement penalties.

(g) Framework Decision 2008 /978/JHA of 18 December 2008 on the European Evidence Warrant for the collection of objects, documents and data for criminal proceedings.

(h) 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 the persons and to facilitate the application of the principle of mutual recognition of judgments given in the case of judgments held without the appearance of the person concerned.

(i) Framework Decision 2009 /829/JHA of 23 October 2009 on the implementation, between Member States of the European Union, of the principle of mutual recognition of decisions on surveillance measures as a replacement for the provisional prison.

(j) and Directive 2011 /99/EU of 13 December 2011 of the European Parliament and of the Council on the European protection order.

Final disposition fourth. Entry into force.

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

Therefore,

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

Madrid, 20 November 2014.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY

Annex I. European Arrest and Delivery Order.

Annex II. Certificate for the enforcement of decisions imposing penalties or other custodial measures in another Member State of the European Union.

Annex III. Certificate of notification to the sentenced person of the transfer to another Member State of the European Union of the decision imposing penalties or other custodial measures.

Annex IV. Certificate for the execution of judgments and resolutions of freedom monitored in another Member State of the European Union.

Annex V. Certificate on non-compliance with a measure of probation or a replacement penalty.

Annex VI. Certificate for the enforcement of decisions imposing alternative measures to the provisional prison in another Member State of the European Union.

Annex VII. Certificate on non-compliance with an alternative surveillance measure to the provisional prison.

Annex VIII. European protection order.

Annex IX. Certificate of failure to comply with the measure adopted under a new European protection order.

Annex X. Certificate for the execution of preventive measures for the freezing of goods or for the assurance of evidence in another Member State of the European Union.

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

Annex XII. Certificate for the enforcement of decisions requiring the payment of financial penalties in another Member State of the European Union.

Annex XIII. Certificate for the execution of the European Evidence Warrant.

Annex I

EUROPEAN STOP AND DELIVERY ORDER (1)

This order has been issued by a competent judicial authority. I request the arrest and surrender to the judicial authorities of the person mentioned below, for the purposes of criminal prosecution or execution of a penalty or a custodial security measure.

(1) This order shall be drawn up or translated into one of the official languages of the executing Member State, if that State is known, or in any other language accepted by it.

Annex II

Annex III

CERTIFICATE OF NOTIFICATION TO THE SENTENCED PERSON OF THE TRANSFER TO ANOTHER MEMBER STATE OF THE EUROPEAN UNION OF THE DECISION IMPOSING PENALTIES OR OTHER CUSTODIAL MEASURES

You are hereby notified of the decision of ............................................... (competent authority of the issuing State) to transmit the judgment of ................................. (competent authority of the Date of issue) of date .................................... (date of judgment), ........................... (reference number, if any) to .................................. (State of enforcement) for the purpose of its recognition and enforcement of the relevant conviction in accordance with the national legislation implementing Council Framework Decision 2008 /909/JHA of 27 November 2008 on the implementation of the the principle of mutual recognition of judgments in criminal matters imposing penalties or other custodial measures for the purposes of their enforcement in the European Union.

The execution of the sentence shall be governed by the law of .................................... (executing State). The authorities of the executing State shall be competent to determine the enforcement procedure and all related measures, including the grounds for the granting of early or conditional release.

The competent authority of ................................................... (executing State) must deduct from the total period of deprivation of liberty to be fulfilled, the entire period of deprivation of liberty already fulfilled. in connection with the conviction. The competent authority of ............................................. (executing State) may adapt the sentence only where it is incompatible with the law of that State in respect of its duration or its nature. The appropriate sentence shall not be aggravated by its nature or by the duration of the sentence imposed in .................................. (issuing State).

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII

Annex IX

Annex X

Annex XI

Annex XII

Annex XIII