I

The Organic Law 5/2010, of 22 June, amending the Organic Law 10/1995, of 23 November, of the Penal Code, in its final disposition, added article 367 septies to the Law of Criminal Procedure, in the the creation of an Office for the Recovery of Assets has already been contemplated. After five years, this forecast has not yet been fully developed. The Center for Intelligence against Terrorism and Organized Crime, under the Secretary of State for Security of the Ministry of the Interior, with the operational support of the State Security Forces and Corps, has been carrying out the location of assets from crime. However, in the absence of specialised bodies in their management, once they have been seized, these assets are made available to the courts, which usually order their conduct at the end of the procedure, by means of mechanisms traditional sales by specialized person or public auction. This mechanism has proved to be ineffective in the most complex procedures, in so far as the needs of the management of goods generally exceed the material possibilities of the judicial bodies. These circumstances lead to reasserting the need to bring the said Office into operation.

To this end, the Organic Law 1/2015, of March 30, amending the Organic Law 10/1995, of 23 November, of the Penal Code, maintains that provision of article 367 septies of the Law of Criminal Procedure, although giving the new name of Office of Recovery and Asset Management, to the extent that its initial function of location and recovery of goods, adds the administration and management of the same. This provision provides that the judge or tribunal, either on its own initiative or at the request of the Prosecutor's Office or the Office for the Recovery and Management of Assets, may entrust it with the location, conservation and management of the effects, property, instruments and instruments. and proceeds from criminal activities committed within the framework of a criminal organization. Likewise, the fifth final provision of the Organic Law 1/2015, of 30 March, enables the Government to adopt the necessary regulatory provisions to regulate the structure, organization, operation and activity of that Office. Recovery and Asset Management. The same organic law has also introduced important changes in the regulation of confiscation without a sentence in exceptional circumstances, extended confiscation and the confiscation of third parties, which were already provided for in the normative texts previous, they had lacked practical application.

Law 41/2015 of 5 October, amending the Law on Criminal Procedure for the streamlining of criminal justice and the strengthening of procedural guarantees, completes this regulation through the provision of intervention in the criminal proceedings of third parties affected by the confiscation and with the incorporation of a new autonomous confiscation procedure. The latter may be initiated at the request of the Prosecutor's Office when there is a punishable act and its author has died or cannot be prosecuted for being in absentia or in a situation of incapacity to appear on trial. It may also be used when the prosecutor reserves the confiscation order, in the case of a conviction that the property is the subject of the procedure.

The reform carried out in the area of confiscation in these laws incorporates into Spanish law Directive 2014 /42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of the instruments and the proceeds of crime in the European Union. Article 10 of this rule calls on the Member States to take the necessary measures, for example by setting up national central offices, " in order to ensure the proper administration of preemptively embargoed goods. with a view to their possible confiscation. ' The aim is to optimise the prevention and fight against organised cross-border crime, including organised crime, by neutralising the proceeds of crime, as it is understood that the main reason for this is to be crime is to obtain financial benefits.

II

The provisions cited are intended to facilitate legal instruments that are more effective in the recovery of assets from crime and in the economic management of crime. The objective, therefore, is to give the patrimonial research and the seizure the leading role they deserve in the fight against the economic side of the serious crime developed by organizations and criminals, thus achieving their financial strangulation. To this end, it is necessary for the competent judicial authorities to have an effective system in place to locate and manage the assets of criminal origin, with the support of the institutional structure and the necessary financial and human resources, to provide them with the task of embarking on and seizing property in the framework of criminal proceedings. The Office of Recovery and Asset Management is thus established as an auxiliary of the Administration of Justice, which therefore has a relevant advisory role for the bodies responsible for the investigation to ensure the agreed embargoes and seizures are effective and effective.

The increasing number of criminal offences related to economic, frequently organised and cross-border crime, with particular concern for corruption, both in the public and private sectors, imposes the need for the State to direct its efforts not only to the punishment of those responsible, once it has been declared guilty, but also to the recovery of the assets from the crime, because as important as the compliance The recovery of these assets is worth it. Their subsequent involvement in the payment of compensation for victims, the implementation of social projects and the promotion of the fight against organized crime is a significant measure of democratic regeneration and social justice.

The Office of Recovery and Asset Management will function, therefore, as a tool for the service of the courts and tribunals in the framework of the criminal proceedings that we are referring to, and will also do so as an auxiliary of the In the exercise of its functions relating to the property investigations which, at the very least, cover the investigation, the execution of international rogatory commissions and the patrimonial investigation in the the procedure of autonomous confiscation in the terms provided for in the Law on Criminal Procedure and in Law 50/1981, of 30 December, for which the Organic Statute of the Fiscal Ministry is regulated.

The new seizure regulation and the implementation of the Office of Recovery and Asset Management will facilitate greater efficiency in the fight against economic crime, usually a crime of criminals. This is a particularly organized and damaging cause for the democratic rule of law. This will make the principle that the crime that generates illicit profits can never compensate its author.

III

In the regulation provided for in this royal decree, we have taken into account the guidelines of good international practice and the analysis of the different models in force in countries of our cultural and geographical environment, as is the case of the United Kingdom, the Netherlands, Belgium and France. The latter country offers a highly positive experience in asset management, through the Agence de gestion et de recouvrement des avoirs saisis et confiscques (AGRASC), which has involved a radical shift in the way of understanding the confiscation in the French courts, directing it to the more efficient management of the goods. In this way, with the assets of people convicted of serious crimes, the satisfaction of the civil responsibilities is achieved, the office itself is self-financed and the fight against organized crime is supported with more resources. Agency models in the European environment are a specialised office with multidisciplinary staff, from the field of administration, justice, customs, taxation and the judicial police, and a function of preferential advice and assistance to Justice in the criminal proceedings to which the liens and seizures are associated.

The creation of a homologous Office in the countries of our environment will undoubtedly contribute to the promotion of international cooperation on embargo and confiscation, which in turn will lead to a greater benefit for the State, Since Law 23/2014 of 20 November of mutual recognition of criminal decisions in the European Union establishes a rule of distribution to 50% of the product obtained between the requesting and the requested country, a rule that has been extended outside European borders, on the basis of the principle of reciprocity, in the recent reform of the Criminal Code.

Finally, the experience accumulated by the Government Delegation for the National Plan on Drugs in application of Law 17/2003, of 29 May, which regulates the Fund of Goods seized by illicit drug trafficking and other related offences, although referred to the carrying out of assets seized by a firm court judgment, constitutes a precedent which has been taken into consideration, both for the improvement of the efficiency in the management, and to avoid duplication and promote the necessary coordination between the two institutions. The present royal decree does not apply to the goods, fruits and interests of the same ones that by application of the said Law 17/2003, of May 29, are owned by the Fund of goods seized for the crime of drug trafficking and other crimes related. However, the Office for Recovery and Management of Assets may sign a collaboration agreement with the Government Delegation for the National Drug Plan, in order to channel possible forms of cooperation in the functions of advice, management and performance of those.

IV

This royal decree is structured in five chapters. Chapter I contains the general provisions, with reference to the object and nature, purposes and functions. Chapter II is dedicated to the structure of the organ, and in it are detailed its range and organic dependence and are regulated the Director General, the sub-directorates general, the staff of the office and the Commission of the Award of goods of the crime. The latter is entrusted with the relevant task of allocating the economic resources obtained by the Office on the basis of the criteria adopted by the Council of Ministers each year. Chapter III lays down the basic rules of procedure which each file will follow from its opening to completion. It also includes a specific forecast of operation in the international field, with an express rating to the Office of Recovery and Management of Assets for the exchange of information necessary to bring to fruition its functions, without prejudice to the competences that other bodies, such as the Center for Intelligence against Terrorism and Organized Crime or the Public Ministry, continue to have in the field of their functions. Chapter IV refers to the economic regime of the Office and the distribution of the product obtained. It regulates an economic management model associated with the account of the consignations and judicial deposits. The beneficiaries of the Office's resources are also provided for in the development of the Criminal Procedure Act. Finally, Chapter V deals with the mechanisms of account management, which ensure full transparency in the management of the goods administered. This royal decree also contains two additional provisions, two transitional provisions and seven final provisions.

The entry into force of the royal decree will take place on the day following its publication, although the implementation of the Office of Recovery and Management of Assets will be determined by Order of the Minister of Justice, once Law 41/2015, of October 5, of reform of the Law on Criminal Procedure, will be implemented and will be carried out in a progressive manner, in accordance with the action plan approved by the Director General of the Office.

This royal decree has been reported by the Ministry of Finance and Public Administrations, the Ministry of the Interior and the Ministry of Health, Social Services and Equality, as well as by the General Council of the Judiciary and the Office of the Prosecutor General of the State The autonomous communities have been granted a hearing with powers transferred to the administration of justice.

In its virtue, at the initiative of the Minister of Justice, on the proposal of the Minister of Finance and Public Administrations, according to the Council of State and after deliberation of the Council of Ministers at its meeting on October 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and nature.

This royal decree is intended to regulate the operating system of the Office of Recovery and Asset Management, which is set up as an organ of the General Administration of the State and auxiliary of the Administration of Justice, to which the powers of location, recovery, conservation, administration and realization of the effects, goods, instruments and proceeds from criminal activities committed within the framework of an organization correspond criminal and any other that are attributed to it, in the terms provided for in the legislation criminal and procedural.

The Office of Recovery and Asset Management shall act upon the request of the competent judge or tribunal, either on its own initiative or at the request of the Prosecutor's Office or the Office itself.

The Office of Recovery and Asset Management shall also proceed to the location of assets at the request of the Prosecutor's Office in the exercise of its powers in the field of investigation, international legal cooperation, the autonomous confiscation procedure or any other action under the terms laid down in criminal or procedural law.

Article 2. Finnish.

The Office of Recovery and Asset Management shall apply the proceeds of the management and performance of the effects, property, instruments and proceeds of the crime to the purposes provided for in the Criminal Procedure Law with the following priority objectives:

(a) Support for crime-victim care programs, both in public administrations, as well as non-governmental organizations or private non-profit entities, with particular attention to victims of terrorism, to those of gender-based violence, trafficking in human beings, violent crimes and against sexual freedom, as well as victims with disabilities in need of special protection and victims of minors.

b) The impetus and funding of the Victims Assistance Offices.

c) Support for social programs aimed at crime prevention and the treatment of the offender.

d) The intensification and improvement of the actions of prevention, investigation, prosecution and repression of crimes, including:

1. The costs necessary for obtaining evidence in research, including the cost of the expertise of the National Institute of Toxicology and Forensic Sciences and the Institutes of Legal Medicine and Sciences Forensics.

2. The acquisition of material means for the competent organs in the repression, investigation and realization of the expert evidence.

3. Training and specialized training of the organs responsible for the prevention and repression of organized crime.

4. The reimbursement of the expenses in which the individuals or the services of the Public Administrations that had collaborated with the competent bodies in the investigation have been able to incur.

e) International cooperation in the fight against serious forms of criminality.

(f) The satisfaction of the office's own operating and management expenses, including those incurred in the exercise of the functions referred to in the following Article.

Article 3. Functions.

1. Sonfunctions of the Office of Recovery and Asset Management the location and recovery of effects, goods, instruments and profits from criminal activities, their conservation, management and implementation.

2. It is also up to the Office of Recovery and Asset Management to resolve, in accordance with legal and regulatory provisions, on the award of the use of the embargoed effects and on the conservation measures to be carried out. adopted.

3. It is also an essential function of the Office for the Recovery and Management of Assets to provide technical advice to the courts, courts and prosecutors, who request it in the enforcement of embargoes and seizures, for the purposes of preventing anti-economic actions and ensure, in compliance with the law and with the fulfilment of all procedural guarantees, the maximum economic benefit.

CHAPTER II

Structure

Article 4. Range and organic dependency.

The Office of Recovery and Asset Management is dependent on the Ministry of Justice and is attached to the Secretary of State for Justice, with the rank of Directorate General.

Article 5. Director General.

1. The Director-General of the Office for the Recovery and Management of Assets shall be appointed among career officials of the State, of the Autonomous Communities or of the local entities, belonging to group A1, according to the classification that establishes legislation on public employees, or between members of the Judicial or Fiscal Careers or the Law Enforcement Administration.

2. The Director-General of the Office for Recovery and Asset Management shall be appointed and separated by royal decree of the Council of Ministers, on a proposal from the Minister of Justice.

3. The following functions are the responsibility of the Director General of the Office for Recovery and Asset Management:

a) Plan the action of the Office and approve an annual plan of action.

b) Address the activity of the Office of Recovery and Asset Management.

(c) Represent the Office and, in particular, in its institutional relations both domestic and international, and with the courts, courts and prosecutors who make use of its services, as well as with the Forces and Security of the State responsible for the fight against organised crime.

d) Within the object of this royal decree, to exercise those assigned to it by delegation of the corresponding contracting authority, in accordance with the rules of public sector procurement.

e) Conclude agreements with third-party institutions for the purposes of carrying out the functions and purposes that are of their own, when these powers are delegated to it.

f) Coordinate the preparatory work of the Commission on the Award of Goods proceeds from crime.

g) To promote the coordination of the Office with the Judicial Branch, the State Attorney General, with the judicial police and the ministries concerned, as well as with other public or private institutions, in the exercise of their functions.

h) Coordinate the work of the office with other departments, agencies and public institutions, in the field of their competencies, where necessary.

i) Raise the annual memory of your activity to the Minister of Justice.

j) Develop statistics on the activity of the Office of Recovery and Asset Management.

k) Other functions relating to the object of the Office and may attribute other rules to it.

Article 6. General Subdirectorates.

1. The Office shall be structured internally in two Subdirectorates General in relation to the tasks assigned to it:

(a) The General Subdirection of Location and Recovery of Goods, which holds the functions of identification and search for the effects, goods, instruments and profits arising from the crime located inside or outside the national territory, as well as their making available to the courts.

For the development of this function, the staff of the Office of Recovery and Asset Management will act in a coordinated manner with the central units of the Security Forces and Corps and will be able to obtain the collaboration of public or private entities consider relevant.

b) The General Subdirectorate for the Conservation, Administration and Realization of Goods, which has the following functions:

1. The maintenance and management of the effects, goods, instruments and profits arising from the crime, whatever the nature of the crime, as well as the benefits, fruits and incomes of such goods. It may also include the destruction of the goods where it is agreed by the competent authority, in the legally provided terms.

The function of administration shall be governed by the rules on public procurement and assets, without prejudice to other rules that will be applicable.

2. The elaboration of reports on the state and circumstances of the managed goods, which shall be transmitted to the competent authority, on its own initiative or at the request of the competent authority, for the purpose of avoiding anti-economic and ensure, in compliance with the law and with the fulfilment of all procedural guarantees, the maximum economic benefit.

3. The realization of the goods, which shall include the activity of the sale of the goods, effects, profits and instruments delivered to the Office of Recovery and Asset Management, if it was agreed judicially, after the confiscation of the same.

This function will also include the anticipated sale of foreclosed goods, when it has been judicially authorized.

4. The function derived from the support necessary for the development of the own activity of the Commission on the Award of the proceeds of the crime.

5. º The administrative processing requires to make the deposit account and consignations the money resulting from the embargo or the advance realization of the effects referred to in the Law of Procedure Criminal.

2. The Office for the Recovery and Management of Assets may sign a collaboration agreement with the competent authority of the Ministry of the Interior for the purpose of regulating the interrelationship of its staff with the Office, which may include a The staff members who may eventually be part of the staff are on temporary assignment of duties.

Article 7. Staff of the Office.

The Office will have the staff to determine the corresponding employment relationship.

The Office may also be assigned judges, prosecutors or lawyers of the administration of justice pursuant to Law 38/1988 of 28 December of Demarcation and Judicial Plant.

Article 8. Commission for the award of property proceeds from crime.

1. The Commission for the Award of the proceeds of the crime is hereby established as a collegiate body assigned to the Ministry of Justice through the Secretariat of State of Justice, to which the functions of distribution of the resources correspond. the economic situation of the Office, in accordance with Article 15.

2. The Commission for the award of proceeds of crime shall be chaired by the Secretary of State for Justice, with the Vice-Chair, the Director-General of the Office for the Recovery and Management of Assets, and shall be composed of six members, to be appointed respectively by the Minister of Justice, the Minister of the Interior, the Minister of Finance and Public Administrations and the Minister for Health, Social Services and Equality, at least with the rank of Deputy Director-General or and by the General Council of the Judiciary and the Attorney General's Office, based on the collaboration agreement to the effect.

Will act as secretary, with voice but no vote, an official from the Office of Recovery and Asset Management.

In the Commission on the Award of Goods proceeds of crime, a representative of the State of the State of the Ministry of Justice will intervene, with a voice but without a vote.

3. The functioning of this committee shall be in accordance with the provisions of the laws of the Public Sector governed by the laws of the Member States.

CHAPTER III

Procedure

Article 9. Initiation.

The procedure will be initiated with the receipt of the testimony of the judicial resolution or of the decree of the prosecutor requesting the intervention to the Office of Recovery and Management of Assets.

In the event that the Office for Recovery and Asset Management itself urges the judicial body or the prosecution, where appropriate, the referral of a proceeding, a proceeding shall be initiated with that request. In the event of an estimate of the Office's proposal, the procedure shall continue for the procedures provided for in this Chapter. In the event of an dismissal, the procedure shall be filed with the receipt of the judicial decision or of the decree of the prosecutor in which it is stated.

Article 10. Inventory of goods and records.

All goods that are the subject of a file of the Office of Recovery and Management of Assets shall be included in an inventory of seized and seized goods, in which they shall be stated their nature and value, and where shall record any actions related to them. This information shall be available to the judicial and tax authorities, as well as, where appropriate, to the judicial police.

Article 11. Handling of the file.

1. As soon as you receive evidence of the judicial decision or the decree of the prosecutor who is seeking your intervention, the Office of Recovery and Management of Assets will be able to carry out, in the terms mentioned there, the actions of patrimonial investigation. (a) to be carried out in each case for the location and recovery of the goods under investigation or damage.

2. Once the assets have been located and recovered, or when the judicial enablement so stipulates, they shall be responsible for the preservation and administration of such goods.

For this purpose, the Office of Recovery and Asset Management may conclude the contracts or orders necessary for the management or realization of the goods entrusted to it.

3. The Office for the Recovery and Management of Assets, in the framework of its management, may, subject to the authorization of the competent court or tribunal, proceed to the advance or provisional use of the goods and effects.

In such cases, subject to the authorization of the competent court or tribunal, it shall decide on the award of the use of the embargoed effects and on the conservation measures to be adopted, in accordance with the provisions laid down for that purpose. in the Criminal Prosecution Act, reporting what has been agreed to the judge or tribunal and the prosecution.

Article 12. International cooperation.

1. In the event that the goods subject to location or recovery are located outside the national territory, the law of the European Union and the international treaties signed and ratified by Spain in this field shall be taken into account.

2. The provisions of Law 23/2014 of 20 November 2014 on the mutual recognition of criminal decisions in the European Union, or the applicable conventions, where appropriate, shall be the case where the order of the competent judge or the decree of the prosecutor states that the actions requested from the office have their origin in a request from a foreign judicial authority, without prejudice to the provisions of the Law of Criminal Procedure as to the destination of the part of the product obtained to the Spanish authorities.

3. The Office for the Recovery and Management of Assets may exchange information with the bodies of third States which have between their powers the recovery of assets, where appropriate, in the performance of their duties.

CHAPTER IV

Economic regime of the Office and distribution of the product obtained

Article 13. Economic regime.

1. The resources entrusted to the Office for the Recovery and Management of Assets prior to the final judicial decision of confiscation may be managed through the account of deposits and judicial consignations in the case of the money resulting from the embargo or the anticipated performance of the effects.

For other goods, in the light of circumstances and subject to the principles of efficiency and transparency, the Office may manage them in any of the forms provided for in the legislation applicable to them. Public Administrations.

The interest of the money and the returns and fruits of the goods shall be used to satisfy the management costs, including those corresponding to the Office; the remaining amount shall be kept as a result of what is available by means of a final judicial decision of confiscation.

2. Where a final judicial decision is taken to confiscate, the resources obtained shall be carried out and the amount obtained shall be applied in the manner provided for in Article 367 quinquies of the Law on Criminal Procedure. The remaining amount, as well as the product obtained by the management of the goods during the process, will be transferred to the Treasury as income from public law, from which once deducted the operating and management expenses of the Office of Recovery The Ministry of Justice's budget is affected by up to 50 percent to the satisfaction of the objectives set out in Article 2. These revenues will generate credit in the budget of the Ministry of Justice, (i) agreement with the provisions of the General Budget Law.

Article 14. Management and expense costs.

1. The Office for Recovery and Asset Management shall only assume the costs and expenses associated with the assets it manages, and from the time it is entrusted to it.

You may exceptionally assume costs and expenses when this is appropriate for the proper management of the good and so agree with the Director General.

2. The ordinary expenses of the Office of Recovery and Asset Management for the development of its activity will be five percent of the value of the resources obtained. This percentage may be amended by joint order of the Minister of Justice and the Minister of Finance and Public Administrations.

Article 15. Distribution of resources.

The distribution of the resources among the beneficiaries will take place through the agreement of the Commission on the Award of the proceeds of the crime, in the framework of the criteria that will be defined annually by the agreement of the Council of Ministers.

Article 16. Beneficiaries.

1. They may be beneficiaries of the resources of the Office referred to in this Chapter by the following bodies, institutions, public administrations and legal persons:

a) The Office of Recovery and Asset Management, which will receive as a priority the resources necessary for its proper maintenance.

b) Any organ, body or public entity dependent on the General Administration of the State, for the development of programs or actions related to the purposes provided for in this standard, including the Assistance Offices Victims.

c) The Autonomous Communities and Local Entities, in the following assumptions:

1. For the development and implementation of plans and programs for the victims of crime, including the drive of the Victims Assistance Offices.

2. To provide material means to the Institutes of Legal Medicine and to deal with the expenses derived from the expertise in these Institutes.

3. For the provision of means to the respective police officers with competence in the prevention, investigation, prosecution and repression of crimes.

4. º For non-governmental organizations or private non-profit entities for the development of programs included in the objectives provided for in this standard, whose scope does not exceed that of the respective autonomous community.

(d) Non-governmental organizations or private non-profit entities, of a state level or of two or more autonomous communities, whose work is fully or partially developed in the area of assistance to victims of crime, in accordance with the distribution programmes and grants determined by the Office for Recovery and Asset Management.

e) The State Security Forces and Corps.

f) The State Tax Administration Agency.

g) The State Attorney General's Office.

h) The National Institute of Toxicology and Forensic Sciences and the Institutes of Legal Medicine and Forensic Sciences.

i) International organizations, supranational entities and governments of foreign states, for the development of programs intended to satisfy the objectives set out in this standard, in accordance with international instruments signed by the Government, and with the favourable report of the Ministry of Foreign Affairs and Cooperation.

2. In order to facilitate the distribution of the resources obtained by the Office of Recovery and Asset Management, the autonomous communities and other beneficiaries mentioned in this article may submit to the Commission for the Award of the proceeds of the crime proposed for action that fall within the purposes set out in Article 2 and in the terms that are established in the development of this royal decree.

CHAPTER V

Account Dation Mechanisms

Article 17. Appearance in the Congress of Deputies.

The Director-General of the Office of Recovery and Asset Management shall appear before the Congress of Deputies annually to account for the management of the Office and the results of its activity.

Article 18. Annual memory and statistics.

1. The Office for Recovery and Asset Management shall draw up an annual report on its activity, which shall be raised by the Minister of Justice to the Council of Ministers.

2. The actions taken shall be taken into account in a statistical system accessible to the general public which provides transparency in the management of the Office.

Additional disposition first. Relationship to the National Drug Plan.

Excluded from the objective scope of application of this rule, the goods and the fruits or interests they produce, which have been previously seized by a firm judicial judgment and which must be integrated into the regulated fund by Law 17/2003, of 29 May, which regulates the Fund of Goods seized by illicit trafficking of drugs and other related crimes, which will be subject to the specific regime established in that law and in its regulations development.

However, the Office of Recovery and Asset Management may sign a collaboration agreement with the Government Delegation for the National Drug Plan to articulate the relations between the two, which may include arrangements for cooperation in the functions of advising, managing and carrying out effects arising from criminal activities referred to in the previous paragraph; it may also refer to the exchange of information and coordination of actions, where appropriate.

Additional provision second. Goods seized for smuggling.

The goods seized for the crime of smuggling are excluded from the scope of this royal decree, which will be regulated by the provisions of the Organic Law 12/1995, of December 12, of repression of contraband.

First transient disposition. Entry into operation.

The operational entry of the Office of Recovery and Asset Management shall be determined by Order of the Minister of Justice and shall be made after the entry into force of Law 41/2015 of 5 October 2015. amendment of the Criminal Procedure Law for the streamlining of criminal justice and the strengthening of procedural guarantees, and in a progressive manner, in accordance with the plan of action previously approved by the Director General Office.

Second transient disposition. Transitional arrangements.

This royal decree shall apply only to goods whose location, seizure or seizure is agreed upon from its entry into force and made available to the Office of Recovery and Management of Assets after the the entry into operation of the same, in accordance with the provisions of the Ministerial Order.

However, the Office may, on its own initiative and after the authorization of the competent court or tribunal, assume the management and execution of assets seized and seized prior to the entry into force of this royal decree. where appropriate in the light of the nature or special circumstances of the goods.

Final disposition first. Amendment of Royal Decree 467/2006 of 21 April on the regulation of deposits and judicial statements in cash, effects or securities.

The Royal Decree 467/2006 of 21 April, for which deposits and court entries are regulated in cash, effects or securities, is amended as follows:

One. Article 2 (4), which is worded as follows, is amended as follows:

" The interest that is settled by the credit institution corresponding to the Deposits and Consignations Accounts shall be paid to the Treasury in the amount and form specified in the statement of the basis of the the procurement procedure which has been followed for the selection of the credit institution established in the first subparagraph of this Article, which shall in any event respect the means of payment as determined in Article 110 of Law 47/2003 of 26 November, General Budget, and in accordance with Article 70 of Law 53/2002, of 30 June November, of Fiscal, Administrative and Social Order Measures, or the rules that replace it in your case.

The interest generated by the amounts from the Special Account of the Office of Recovery and Asset Management, which shall be entered in that account, shall be exempt for the purposes of the provisions of the Law of Criminal prosecution. "

Two. Article 3 (4), which is worded as follows, is amended as follows:

" You may also have the Deposit Accounts and Consignations funds available:

(a) the members of the Tax Race, in the cases set out in the first and second provisions of this royal decree,

(b) the Subdirector-General for the Conservation, Administration and Realization of Assets of the Office of Recovery and Asset Management, as provided for in the fifth additional provision, and

c) the secretaries relators in the military jurisdiction.

All of them must comply with the rules set out in the previous section. "

Three. Article 13 (2), which is worded as follows, is amended as follows:

" The amounts that are entered in the Accounts of Deposits and Consignations and that have been confiscated pursuant to Article 374 of the Organic Law 10/1995, of 23 November, of the Penal Code, and of the Article 5 of the Organic Law 12/1995, of December 12, of Smuggling Pressure, once it has won firmness the sentence in which its confiscation and final award is decreed to the State, will be transferred by the judicial secretary to the Special account of income to the Public Treasury, " Decomments for Drug Trafficking or Other Crimes ", which shall be unique for the whole of the national territory, without prejudice to the arrangements for the transfer of those quantities which may be agreed under the cooperation agreement referred to in the first provision of the Royal Decree governing the Office of Recovery and Asset Management. "

Four. An additional fifth provision is added:

" Additional disposal fifth. Deposit and Consignations account of the Office of Recovery and Asset Management.

1. For the purposes of managing and carrying out the judicial effects entrusted by the competent judicial authorities to the Office for the Recovery and Management of Assets, there shall be a Special Deposit Account and Consignations of a special nature. is. The person authorised for the disposal of his funds shall be the deputy director-general for the conservation, administration and implementation of the goods or the person to whom the latter delegate.

2. This account will bear the name of the Office of Recovery and Asset Management, added with the name "Account of Deposits and Consignations" and its regime will be the one foreseen in this royal decree for the Accounts of Deposits and Consignations of judicial bodies, with the following specialties:

(a) The account shall be instrumental in the accounts of deposits and judicial records in order to ensure the traceability and correspondence of the various files opened in the Office of Recovery and Asset Management with court records.

(b) Once the costs incurred by the Office in the preservation of the goods and in the procedure for carrying out the goods are satisfied, the part of the product which is left over from the effects, goods, instruments and (a) a profit which the court requires shall be entered in the account of the court or tribunal, and shall be liable to pay the civil and the costs which are declared, where appropriate, in the proceedings. The remaining amount shall be definitively allocated to the Office for the Recovery and Management of Assets for implementation for the purposes of regulation. "

Final disposition second. Amendment of Royal Decree 1887/2011 of 30 December 2011 establishing the basic organic structure of the ministerial departments.

Un.Article 2 (1) (A) is amended as follows:

" (A) The Secretary of State for Justice. The following management bodies depend on it:

(a) The General Secretariat of the Administration of Justice, on which the Directorate-General for Relations with the Administration of Justice depends.

b) The Office of Recovery and Asset Management.

c) The Directorate-General for International Legal Cooperation and Relations with Confessions. "

Final disposition third. Amendment of Royal Decree 453/2012 of 5 March, for which the basic organic structure of the Ministry of Justice is developed and amended by Royal Decree 1887/2011 of 30 December 2011 establishing the basic organic structure of the Ministry of Justice the ministerial departments.

Uno.Article 2 is worded as follows:

" Article 2. Secretariat of State of Justice.

1. The Secretariat of State of Justice is the superior organ of the department to which the coordination and collaboration with the administration of the autonomous communities in the service of justice, under the superior authority of the Minister, corresponds. planning, support and cooperation with the Administration of Justice and the Public Prosecutor's Office in its modernisation, international legal cooperation and relations with international and European Union bodies in the field of Powers of the Ministry of Justice and the management, promotion and management of powers Ministers on religious affairs and freedom of conscience, and those related to the location and recovery of effects, goods, instruments and profits from criminal activities, their conservation, management and realization.

Without prejudice to the responsibilities of the Minister, it is up to the head of the Secretariat of State to participate in the relations of the Ministry with the governing bodies of the General Council of the Judiciary, those of the Ministry Prosecutor, the competent authorities in the field of justice of the Autonomous Communities and the General Councils of the Bar and Attorneys ' Associations of the Courts, as well as the relations of the Ministry with the Ombudsman.

2. The following management bodies are dependent on the Secretariat of State for Justice:

(a) The General Secretariat of the Administration of Justice, on which the Directorate-General for Relations with the Administration of Justice depends.

b) The Office of Recovery and Asset Management.

c) The Directorate-General for International Legal Cooperation and Relations with Confessions.

They are attached to the Ministry of Justice, through the Secretariat of State of Justice, the Center for Legal Studies and the General Judicial Mutuality, with the legal nature, structure and functions that are foreseen in its specific regulations.

3. As an organ of support and immediate assistance to the Secretary of State, there is a Cabinet, with an organic level of general subdirection, with the structure established by article 14.3 of Royal Decree 1887/2011, which approves the organic structure basic of the ministerial departments. "

Two. A new Article 5a is inserted with the following wording:

" Article 5a. Office of Recovery and Asset Management.

1. They correspond to the Office of Recovery and Asset Management, with the rank of Directorate General, the following functions:

(a) The identification and search for the effects, property, instruments and proceeds of the crime, located within or outside the national territory, as well as their making available to the courts.

b) The maintenance and management of the effects, goods, instruments and profits arising from the crime, whatever the nature of the crime, as well as the benefits, fruits and incomes of such goods. It may also include the destruction of the goods where it is agreed by the competent authority, in the legally provided terms.

(c) drawing up reports on the status and circumstances of the assets under management, which it shall forward to the competent authority, on its own initiative or at the request of the competent authority, for the purpose of avoiding anti-economic and ensure, in compliance with the law and with the fulfilment of all procedural guarantees, the maximum economic benefit.

(d) The performance of the goods, which shall include the activity of the sale of the goods, effects, profits and instruments delivered to the Office of Recovery and Asset Management, if it was agreed judicially, after the confiscation of the same.

e) The function derived from the support necessary for the development of the own activity of the Commission on the Award of the proceeds of the crime.

(f) The administrative processing needs to make the deposit and deposit account the money resulting from the embargo or the anticipated performance of the effects referred to in the Law of Procedure Criminal.

g) Other functions that refer to the object of the Office and may attribute other rules to it.

2. The following organs depend on the Office of Recovery and Asset Management:

(a) The General Subdirectorate for the Location and Recovery of Goods, which corresponds to the exercise of the functions referred to in point (a) of the previous paragraph.

(b) The General Subdirectorate for the Conservation, Administration and Realization of Goods, which corresponds to the exercise of the functions referred to in points (b), (c), (d), (e), (f) and (g) of the previous paragraph.

3. It is for the head of the Office for Recovery and Asset Management to plan the action of the Office and to draw up an annual action plan, to direct the institutional relations of the Office both national and international, and its relationship with the courts, courts and prosecutors, conclude agreements with third parties for the purposes of carrying out the functions and purposes of their own, call on the Commission to award the proceeds of the crime, to issue instructions to encourage the coordination of the Office with the Judicial Branch, the Prosecutor General's Office the State and the Ministries concerned, as well as with third public or private institutions, coordinate the work of the office with other departments, agencies and public institutions, in the field of their competences, where necessary, how to raise the annual memory and annual accounts for approval to the Minister of Justice. "

Final disposition fourth. Competence title.

This royal decree is dictated by the provisions of article 149.1.5. and 6. of the Spanish Constitution, which attributes to the State exclusive competence in the matter of the Administration of Justice and Criminal Law and procedural.

Chapter IV and the first final provision are also dictated by the application of Article 149.1.14. of the Spanish Constitution, which attributes to the State exclusive competence in matters of public finances.

Final disposition fifth. Development enablement.

The Minister of Justice is enabled to adopt the rules that are necessary for the development and execution of this royal decree.

Final disposition sixth. Budgetary changes and the relationship of jobs.

The Ministry of Finance and Public Administration will carry out the necessary budgetary modifications for the fulfillment of what is foreseen in this royal decree and will approve the employment relationship of the Office of Recovery and Management of Assets, on a proposal from the Ministry of Justice.

Final disposition seventh. Entry into force.

This royal decree will enter into force on the day of its publication in the "Official State Gazette".

Given in Oviedo, on October 23, 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO