Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11427
The Organic Law 5/2010 of 22 June, approving the Organic Law 10/1995 of 23 November, of the Penal Code, in its first final provision amending added to Article 367 septies Law Criminal Procedure, which already creating an Asset Recovery Office was contemplated. After five years, this forecast has not been yet developed regulations. Intelligence Center against Terrorism and Organized Crime under the Ministry of State Security Ministry of the Interior, with the operational support of the Forces of State Security has been playing functions location of assets from crime . However, the absence of specialized organs in their management, once seized, these assets are available to the courts, which usually order their completion at the end of the procedure, through traditional sales mechanisms by specialized person or public auction. This mechanism has proved ineffective in more complex procedures, to the extent that the needs of asset management usually exceed the material possibilities of judicial bodies. These circumstances lead to reaffirm the need to operate the Office said.
To this end, the Organic Law 1/2015, of 30 March, approving the Organic Law 10/1995 of 23 November, amending the Criminal Code, maintains forecast that Article 367 septies of Law Criminal Procedure, even giving the new name Office recovery and Asset management, to the extent that its initial function of locating and recovering assets, adds the administration and management of them. This provision provides that the judge or court, on its own initiative or at the request of the prosecution or own Office of Recovery and Asset Management, entrusted to him the location, conservation and management of effects, goods, instruments and proceeds of criminal activities committed within the framework of a criminal organization. Also, the fifth final provision of the Organic Law 1/2015, of March 30, enables the Government to approve the regulations required to regulate the structure, organization, operation and activity of the Office of Recovery and Asset Management. The same organic law has also introduced significant changes in the regulation of forfeiture without sentence in exceptional circumstances, extended confiscation and forfeiture of third parties, although they were already covered by previous legal texts, had lacked practical application.
Law 41/2015, of 5 October, amending the Criminal Procedure Act for expediting criminal justice and strengthening of procedural guarantees, complete this regulation by anticipating intervention in criminal proceedings of third parties affected by the forfeiture and the incorporation of a new autonomous confiscation procedure. The latter may be initiated at the request of the prosecution when there is a criminal act and its author has died or can not be prosecuted for being in default or incapacitated to stand trial. It can also be used when the prosecutor forfeiture action for the case of firm returned guilty verdicts for the crime of which comes the subject of the proceedings heritage reserves.
The reform carried out in confiscation laws in the aforementioned incorporated into Spanish law Directive 2014/42 / EU of the European Parliament and of the Council of 3 April 2014, on the seizure and confiscation of instrumentalities and the proceeds of crime in the European Union. Article 10 of this standard urges Member States to take the necessary measures, for example by creating national central offices, "in order to ensure proper administration of property seized preventively for possible forfeiture." With all of this is to optimize the prevention and combating cross-border organized crime, including organized character, neutralizing the proceeds of crime, as it is understood that the main motivation of this form of crime is to obtain financial benefits.
The above provisions are intended to provide legal instruments that are more effective in the recovery of assets from crime and economic management of them. The goal, then, is to give the financial investigation and confiscation the attention they deserve in the fight against the economic aspect of serious crime and criminal organizations developed by lattices, thus ensuring their financial strangulation. This requires that the competent judicial authorities to have an effective system to track and manage criminal assets, backed by the institutional structure and financial and human resources necessary to provide them with the work of seizing and confiscating goods the criminal proceedings. the establishment of the Office of Recovery and Asset Management as an auxiliary of the Administration of Justice, which has therefore an important advisory role of the bodies responsible for the investigation to ensure thus expected embargoes and confiscations agreed to be effective and efficient.
The growing number of criminal acts related to economic crime, organized and cross-border frequently, with special concern for corruption offenses, both in the public sector and the private, imposes the need for the state to direct its efforts not only the punishment of those responsible, once declared his guilt, but also to achieve recovery of assets from crime, because as important as the accurate execution of the sentence is the recovery of those assets. His subsequent involvement to the payment of compensation to the victims, to the realization of social projects and to boost the fight against organized crime is a relevant measure of democratic regeneration and social justice.
The Office of Recovery and Asset Management will work, because, as a tool in the service of the courts under the penal processes we have been discussing, and also make as assistant prosecutors in the exercise of its functions related to the equity research at least cover the investigation procedures, the execution of international letters rogatory and equity research in the process of autonomous confiscation under the terms provided in the Criminal procedure Law and the Law 50 / 1981 of 30 December, approving the Organic Statute of the Public Prosecution is regulated.
The new regulation of confiscation and implementation of the Office of Recovery and Asset Management will facilitate greater effectiveness in the fight against economic crime, usually a crime of powerful criminals, appearing especially organized and causes so much damage the democratic rule of law. the principle that the offense generating illicit profits can never compensate its author thus be realized.
In the regulation provided for in this royal decree has been taken into account international best practice guides and analysis of different existing models in countries with similar cultural and geographical environment, such as the UK, Holland, Belgium and France. The latter offers a highly positive experience in asset management, through the Agence de gestion et de recouvrement des avoirs saisis et confiscated (AGRASC), which has been a radical shift in the way we understand the seizure in the French courts, orientating to the more efficient management of goods. Thus, with the assets of persons convicted of serious crimes satisfaction of civil liabilities is achieved, the office itself is self-financed and supported with more resources to combat organized crime. Models agency in the European environment are a specialized multidisciplinary staff, from the scope of the Administration of Justice, Customs, the tax field and the Judicial Police office and a preferred feature of advice and assistance to Justice in criminal proceedings to which the liens and seizures are associated.
The creation of an Office homologous to that of neighboring countries undoubtedly contribute to the promotion of international cooperation in seizure and confiscation, which in turn result in greater benefit for the State, since Law 23/2014 of 20 November on mutual recognition of criminal judgments in the European Union, establishes a sharing rule 50 percent of the product obtained between the requesting and the requested country, a rule that has spread outside the European borders, on the basis of reciprocity, in the recent reform of the Penal Code.
Finally, the experience of the Government Delegation for the National Plan on Drugs in implementation of Law 17/2003 of 29 May, approving the Confiscated Property Fund for illicit drug trafficking is regulated and related offenses, while referring to the performance of property confiscated by final judgment, is a history that has been taken into consideration, both for improving management efficiency and to avoid duplication and promote the necessary coordination between the two institutions. The Royal Decree does not apply to goods, fruits and interest thereof that by application of the Law 17/2003 of 29 May, are owned Fund assets seized by crime of drug trafficking and other related crimes. Nevertheless the Office of Recovery and Asset Management may sign a cooperation agreement with the Government Delegation for the National Plan on Drugs, to channel possible forms of cooperation in the advisory, management and implementation of those.
The present royal decree is structured into five chapters. Chapter I contains general provisions, with reference to the purpose and nature, purposes and functions. Chapter II is devoted to the structure of the organ, and he his rank and detailed organizational unit and the Director General, the Deputy Directors General, the office staff and Adjudication Commission proceeds of crime are regulated. The latter is entrusted with the relevant work to perform the distribution of economic resources obtained by the Office based on the criteria adopted by the Council of Ministers annually. Chapter III regulates the basic rules of procedure to be followed each file from initiation to completion. It also includes a specific provision operating in the international arena, with express authority to the Office of Recovery and Asset Management for the exchange of information necessary for the proper performance of their duties, without prejudice to the powers in the same direction followed by other agencies, including the Intelligence Centre against Terrorism and Organised Crime or the Public Ministry, in the scope of their functions flaunted. Chapter IV refers to the economic system of the Office and distribution of the product. It provides a model of economic management associated with the account appropriations and judicial deposits are regulated. the beneficiaries of the resources of the Office are also provided, in development of the Law of Criminal Procedure. Finally, Chapter V is dedicated to the mechanisms of clearance of accounts, to ensure full transparency in the management of assets under management. 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 the day after its publication, although the operation of the Office of Recovery and Asset Management shall be determined by order of the Minister of Justice, once the Act comes into force 41/2015, of 5 October, reform of the Criminal Procedure Act, and will be done progressively, according to the action plan approved by the director General of the Office.
This royal decree has been informed by the Ministry of Finance and Public Administration, the Ministry of Interior and the Ministry of Health, Social Services and Equality, as well as the General Council of the Judiciary and the Attorney General. It has been hearing process to the regions with powers transferred on Administration of Justice.
By virtue of the initiative of the Minister of Justice, on the proposal of the Minister of Finance and Public Administration, according to the Council of State and after deliberation by the Council of Ministers at its meeting on October 23, 2015, | ||
Article 1. Purpose and nature.
This royal decree is to regulate the operating regime of the Office of Recovery and Asset Management, which is configured as an organ of the General State Administration and Assistant Administration of Justice, the corresponding competencies location, recovery, conservation, management and realization of effects, goods, instruments and proceeds of criminal activities committed in the framework of a criminal organization and any others that are attributed, under the terms provided in the criminal and procedural legislation.
The Office of Recovery and Asset Management will act when it entrusts the competent court of its own motion or at the request of the prosecution or the Office.
The Office of Recovery and Asset Management shall, also, to the location of assets at the request of the Public Prosecutor in the exercise of its powers in the field of investigative, international legal cooperation, the confiscation procedure autonomous or any other actions under the terms provided in criminal or procedural law.
Article 2. Purposes.
The Office of Recovery and Asset Management apply product management and realization of effects, goods, instruments and proceeds of crime for the purposes stipulated in the Criminal Procedure Act with the following priorities:
A) Supporting programs to assist victims of crime, both the government as non-governmental organizations or private non-profit, with special attention to victims of terrorism, to gender violence , human trafficking, violent crimes and against sexual freedom and victims with disabilities need special protection and child victims.
B) The promotion and provision of facilities of the Offices of Victim Assistance.
C) Support for social programs aimed at crime prevention and the treatment of offenders.
D) Strengthening and improving the performances of prevention, investigation, prosecution and suppression of crimes, including:
The expenses necessary for obtaining evidence in the investigation, the cost of the expertise of the National Institute of Toxicology and Forensic Sciences and the Institute of Legal Medicine and Forensic Sciences understanding.
2nd Acquiring material means to the competent bodies in repression, conducting research and forensic evidence.
3rd training and specialized training of the bodies responsible for the prevention and suppression of organized crime.
4th Reimbursement of expenses may have incurred lawfully individuals or services of the government who had collaborated with the competent bodies in the investigation.
E) International cooperation in the fight against serious crime.
F) Satisfying own operating expenses and office management, including those that would be caused in the exercise of the functions referred to in the following article.
Article 3. Functions.
1. Sonfunciones of the Office of Recovery and Asset Management locating and recovering effects, goods, instruments and proceeds from criminal activities, their conservation, management and implementation.
2. It also corresponds to the Office of Recovery and Asset Management resolved, in accordance with legal and regulatory plans on the allocation of use of the embargoed precautionary effects and conservation measures that should be adopted.
3. It also constitutes an essential function of the Office of Recovery and Asset Management technical advice to courts, tribunals and prosecutors' offices upon request for enforcement of liens and seizures, in order to avoid uneconomic activities and ensure, in compliance the law and compliance with all procedural guarantees, the maximum economic benefit.
Article 4. Range and organizational unit.
The Office of Recovery and Asset Management under the Ministry of Justice and is attached to the Ministry of Justice, with the rank of General.
Article 5. Director General.
1. The Director General of the Office of Recovery and Asset Management will be appointed among civil servants of the State, the autonomous communities or local entities belonging to the group A1, according to the classification established by the legislation on public employees, or between members of the Judicial Career or Prosecutor or Letrados Corps Administration of Justice.
2. The Director General of the Office of Recovery and Asset Management will be appointed and dismissed by royal decree of the Council of Ministers, on a proposal by the Minister of Justice.
3. For the Director General of the Office of Recovery and Asset Management the following functions:
A) Planning Office action and approve an annual plan of action.
B) Direct the work of the Office of Recovery and Asset Management.
C) Represent the Office and, in particular, in its national and international institutional relations, and with the courts, courts and prosecutors to make use of their services, as well as the Security Forces of the State responsible the fight against organized crime.
D) Within the scope of this royal decree, those who exercise are attributed by delegation of authority relevant procurement in accordance with the rules of public sector procurement.
E) Conclude agreements with other institutions for the purpose of carrying out the functions and purposes of its own, when these powers are delegated.
F) To coordinate the preparatory work of the Commission on Allocation of proceeds of crime.
G) Promote coordination with the Office of the Judiciary, the Attorney General, with the judicial police and the ministries concerned and 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, within the scope of its powers, when necessary.
I) Submit to the Minister of Justice's annual report of its activity.
J) Develop activity statistics of the Office of Recovery and Asset Management.
K) Any other functions relating to the subject of the Office and may be assigned to other standards.
Article 6. General Sub.
1.La Office will be structured internally into two Deputy Directors General in relation to the functions assigned:
A) The General Branch location and asset recovery, which holds the functions of identification and tracing of effects, goods, instruments and proceeds from the crime residing inside or outside the country and putting to justice .
For the development of this function, the staff of the Office of Recovery and Asset Management will act in coordination with the central units of the Security Forces and may seek the cooperation of few public or private entities consider relevant.
B) The General Branch conservation, management and realization of assets, which holds the following functions:
1st maintenance and management purposes, goods, instruments and proceeds of crime, whatever the nature thereof, as well as the benefits, fruits and income from such property. It may also comprise the destruction of property when approved by the competent authority, under the terms provided by law.
Management function shall be governed by the rules on public procurement and assets, without prejudice subject to other rules that would be applicable.
2.º reporting on the status and circumstances of managed assets, to be sent to the competent authority on its own initiative or upon request, in order to avoid uneconomic activities and ensure, in compliance with law and compliance with all procedural guarantees, the maximum economic benefit.
3.º The realization of assets, comprising the activity aimed at the sale of goods, property, profits and instruments delivered to the Office of Recovery and Asset Management, if agreed judicially, after the confiscation of same.
This feature also includes the anticipated sale of seized property when it has been authorized by the court.
4th function derived from the support necessary for the development of the activity of the Commission Adjudication proceeds of crime.
5th The administrative process required to reach the appropriation account deposits and the resulting money embargo or early realization of the effects that the Criminal Procedure Act refers.
2. The Office of Recovery and Asset Management may sign a cooperation agreement with the competent organ of the Ministry of Interior for the purpose of regulating the interrelation of its staff with the Office which may include a clause secondment of personnel who might eventually become part of this under the temporary allocation of duties.
Article 7. Office staff.
The Office personnel will determine the appropriate ratio of jobs.
The Office may also assign judges, prosecutors or lawyers of the administration of justice in accordance with Law 38/1988, of December 28, Demarcation and Judicial Plant.
Article 8. Adjudication Commission proceeds of crime.
1. The Adjudication Committee of proceeds of crime as organically attached to the Ministry of Justice through the Ministry of Justice collegial body, which has the functions of distribution of economic resources obtained by the Office, in terms of is created Article 15.
2. The Commission Adjudication proceeds of crime will be chaired by the Secretary of State for Justice, holding the Vice Director General of the Office of Recovery and Asset Management, and will be composed of six members, who shall be appointed respectively by the Minister of justice, the Interior Minister, the Minister of Finance and Public Administration and the Minister of Health, Social Services and Equality, at least with the rank of general or assimilated assistant principal, and the General Council of the Judiciary and the Attorney General, based on the cooperation agreement concluded for that purpose.
Act as secretary, with voice but no vote, an official of the Office of Recovery and Asset Management.
The Adjudication Committee proceeds of crime intervene with voice but no vote, a representative of the State Bar of the Ministry of Justice.
3. The operation of this commission shall comply with the provisions concerning corporate bodies by the legislation of legal regime of the Public Sector.
Article 9. Initiation.
The procedure will begin with the taking of the testimony of the judgment or decree of the prosecutor to request the intervention to the Office of Recovery and Asset Management.
In the event that the own Office of Recovery and Asset Management urge the court or the prosecution, where appropriate, referral of a procedure, a procedure such request is initiated. If estimation of the Office proposal, the procedure will continue for the procedures provided in this chapter. In case of rejection, the procedure receipt of the judgment or decree of the prosecutor that this is stated be filed.
Article 10. Inventory of goods and registration.
All goods which are the subject of a record of the Office of Recovery and Asset Management will be included in an inventory of seized and confiscated, which shall state the nature and value, and where recorded any actions related with them. This information will be available to the judicial and prosecutorial authority and, where appropriate, of the judicial police.
Article 11. Processing of the file.
1.Tan soon receive testimony of the judgment or decree of the prosecutor to urge his speech, the Office of Recovery and Asset Management may carry out, under the terms mentioned therein, equity research actions that proceed in each case for locating and recovering assets investigated or prosecuted.
2. Once located and recovered the goods, or when judicial authorization so provides, will be responsible for the conservation and management of such property.
To do this, the Office of Recovery and Asset Management may enter into contracts or parcels necessary for the management or realization of assets entrusted to it.
3. The Office of Recovery and Asset Management, as part of its management, may, prior authorization of the competent court, to the early realization or provisional use of goods and seized property.
In these cases, prior authorization of the competent court, decide on the award of the use of embargoed effects and conservation measures which should be taken, in accordance with the provisions to that effect in the Criminal Procedure Act informing of the agreement to the judge or court and the prosecution.
Article 12. International Cooperation.
1. In the event that the goods subject to location or recovery will be found outside the national territory European Union law and international treaties will be considered and ratified by Spain on the matter.
2. It will be governed by the provisions of Law 23/2014 of 20 November on mutual recognition of criminal judgments in the European Union, or the applicable conventions, where appropriate, when the order of the competent judge or prosecutor make a declaration decree that the actions required of the office have their origin in a request of a foreign judicial authority, without prejudice to the provisions of the Criminal Procedure Act regarding the fate of the part of the obtained product corresponding to the Spanish authorities.
3. The Office of Recovery and Asset Management can exchange information with third States agencies have among their responsibilities asset recovery, where appropriate, in the exercise of their functions.
Economic regime of the Office and distribution of the product obtained
Article 13. Economic regime.
1.The resources entrusted to the Office of Recovery and Asset Management prior to final court confiscation order is issued can be managed through account deposits and judicial consignments in the case of money resulting from But or early realization of effects.
For the remaining assets, in view of the circumstances and subject to the principles of efficiency and transparency, the Office may manage any of the forms provided for in the legislation applicable to public authorities.
The interests of money and yields and fruit of the assets will be used to meet management costs, including those corresponding to the Office; the remaining amount will be retained as a result of what is available by final judgment of forfeiture.
2. When final court confiscation order, the proceeds will be subject to completion and the amount obtained is applied in the manner provided in Article 367 d of the Criminal Procedure Act. remaining quantity and the product obtained by the management of assets during the process, it will be transferred to the Treasury as income public law, which after deducting operating expenses and management of the Office of Recovery and Asset Management, provided in the budget of the Ministry of Justice, it affects up to 50 percent to the satisfaction of the purposes set forth in Article 2. These revenues generate credit in the budget of the Ministry of Justice, in accordance with the provisions of the General budget Law .
Article 14. Management costs and expenses.
1.La Office Recovery and Asset Management only bear the costs and expenses relating to the assets it manages, and from the time they are entrusted.
May exceptionally take precedent costs and expenses when these are appropriate for the proper management of good and decided by the Director General.
2. The running 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 modified by joint order of the Minister of Justice and Minister of Finance and Public Administration.
Article 15. Distribution of resources.
The distribution of resources among the beneficiaries will take place by agreement of the Commission Adjudication proceeds of crime, as part of the criteria to be defined annually by the Council of Ministers Agreement.
Article 16. Beneficiaries.
1. They may be beneficiaries of the resources of the Office that this chapter is concerned organizations, institutions, public authorities and following legal entities:
A) The Office of Recovery and Asset Management, which receive a priority the necessary resources for proper maintenance.
B) Any body, organization or public entity under the Central Government for the development of programs or actions related to the purposes of this standard, including the Office of Victim Assistance.
C) The Autonomous Communities and local entities, in the following cases:
1st For the development and implementation of plans and programs of care for victims of crime, including the promotion of the Offices of Victim Assistance.
2nd To provide material resources to the Institutes of Legal Medicine and meet the costs of the expert reports made in these institutes.
3.º For the provision of means to the respective police with jurisdiction in the prevention, investigation, prosecution and suppression of crime.
4.º For non-governmental or private entities, non-profit organization for the development of programs under the purposes of this standard, which does not exceed that of the respective autonomous community.
D) Non-governmental organizations or private non-profit, statewide or two or more regions, whose work is developed wholly or partly on assistance to victims of crime, according to programs distribution and subsidies determined by the Office of Recovery and Asset Management.
E) The Forces of State Security.
F) The State Tax Administration Agency.
G) The Attorney General.
H) The National Institute of Toxicology and Forensic Sciences and the Institute of Legal Medicine and Forensic Sciences.
I) International agencies, supranational institutions and governments of foreign states for the development of programs to meet the purposes of this rule in accordance with international instruments signed by the Government, and with the favorable report of the Ministry Foreign Affairs and Cooperation.
2. To facilitate the distribution of resources obtained by the Office of Recovery and Asset Management, autonomous communities and other beneficiaries mentioned in this article may submit to the Commission Allocation of proceeds of crime action proposals that fall within the purposes specified in Article 2 and in the terms established in the development of this royal decree.
clearance of accounts
Article 17. Appearance in the Congress of Deputies.
The Director General of the Office of Recovery and Asset Management annually attend the Congress of Deputies to account for the management of the Office and the results of their activity.
Article 18. Annual report and statistics.
1. The Office of Recovery and Asset Management will prepare an annual report of its activities that will be raised by the Minister of Justice to the Council of Ministers.
2. The actions taken will be counted in a statistical system accessible to the general public transparency dowry management office.
First additional provision. Relationship with the National Drug Plan.
They excluded from the purpose of applying this rule, property and the fruits they produce or interest area, which have been previously confiscated by final judgment and to be integrated into the fund regulated by Law 17/2003 of May 29, by which the Confiscated Property Fund for illicit drug trafficking and related crimes, which shall be subject to the specific arrangements set out in the law and its implementing regulations is regulated.
However, the Office of Recovery and Asset Management may sign a cooperation agreement with the Government Delegation for the National Drug Plan to articulate the relationship between the two, which may include formulas for cooperation in functions advice, management and realization of effects from criminal activity to which the preceding paragraph; it may also refer to the exchange of information and coordination of actions, as appropriate.
Second additional provision. Confiscated for the crime of smuggling.
Are excluded from the scope of this royal decree confiscated for the crime of smuggling, which is governed by the provisions of the Organic Law 12/1995 of 12 December, repression of smuggling.
First transitional provision. Entry into operation.
The entry into operational functioning of the Office of Recovery and Asset Management shall be determined by order of the Minister of Justice and will take place after the entry into force of Law 41/2015, of 5 October, amending the Law criminal Procedure for the improvement of criminal justice and strengthening of procedural guarantees, and progressively, according to the action plan previously approved by the director General of the Office.
Second transitional provision. Transitional arrangements.
This Royal Decree shall apply only to goods whose tracing, freezing or seizure you remember from its entry into force and to be made available to the Office of Recovery and Asset Management operation thereof after the entry in accordance with the provisions of the aforementioned Ministerial Order.
However the Office may, on its own initiative and prior authorization of the competent court, take over the management and implementation of seized and confiscated prior to the entry into force of this Royal Decree when so convenient in view of the nature or circumstances of goods.
First final provision. Amendment of Royal Decree 467/2006 of 21 April, deposits and judicial consignments in cash, in effects or in securities.
Royal Decree 467/2006 of 21 April, deposits and judicial consignments in cash, in effects or in securities, is amended as follows:
One. paragraph 4 of Article 2, which is worded as follows amendments:
"The interests to be settled by the entity corresponding credit to Deposit Accounts and Appropriation to the Treasury in the amount and form specified in the bidding specifications record of the procurement procedure to be followed would be paid for the selection of the credit institution established in the first paragraph of this Article that respect in any case means of payment determined by Article 110 of Law 47/2003, of November 26, General Budget, and in accordance with Article 70 of Law 53/2002 of 30 November, on Fiscal, Administrative and Social Order, or the rules to replace him in his case.
Exempted interests that generate the amounts from the special account of the Office of Recovery and Asset Management, which is paid into that account, for the purposes of the provisions of the Criminal Procedure Act. "
Two. paragraph number 4 of article 3, which is worded as follows amendments:
"They may have funds Accounts Deposits and Consignments:
A) the members of the Public Prosecution in the cases set out in the first and second of this Royal Decree additional provisions,
B) the Deputy Director General of conservation, management and realization of assets of the Office of Recovery and Asset Management, under the terms provided in the fifth additional provision, and
C) rapporteurs secretaries under military jurisdiction.
They must comply with the rules set out in the previous paragraph. "
Three. paragraph 2 of Article 13, which is worded as follows amendments:
"The amounts you are entered in Accounts Deposits and Consignments which have been subject to forfeiture under section 374 of the Organic Law 10/1995 of 23 November, the Criminal Code and Article 5 Organic Law 12/1995 of 12 December, the Suppression of Smuggling, once the judgment has become final in which confiscation and final award the State is decreed, will be transferred by the clerk to the special revenue account the Treasury, "Forfeiture for drug trafficking and other related crimes", which will be unique for the entire national territory, without prejudice to the arrangements for the transfer of such amounts that may be agreed under the collaboration agreement referred to first additional provision of Royal Decree that the Office of Recovery and Asset Management is regulated. "
Four. Fifth additional provision is added:
"Fifth additional provision. Deposit Account and Consignment Office Recovery and Asset Management.
1. Management and realization of judicial purposes mandated by the competent judicial authorities to the Office of Recovery and Asset Management, will be a Deposit Account and Consignment special character available to it. The person authorized for disposal of funds will be the deputy general manager of conservation, management and production of goods or the person in whom he delegates.
2. This account will be named Office Recovery and Asset Management, added with the name "Deposit Account and Consignment" and his regime will be established in this royal decree for Deposit Accounts and Appropriation of judicial bodies, with the following specialties :
A) The account will be instrumental respect to deposit accounts and judicial consignments in order to ensure traceability and correspondence of the various proceedings initiated in the Office of Recovery and Asset Management with court records.
B) Once satisfied the expenses caused to the Office in the conservation of the goods and the method of making thereof, the portion of the surplus proceeds from the realization of effects, goods, instruments and profits court required to be paid into the account allocations of the court or tribunal, being subject to the payment of civil liabilities and costs that are declared, if any, in the proceedings. The remaining amount will be allocated permanently to the Office of Recovery and Asset Management, for application to the statutorily way intended purposes. "
Second final provision. Amendment of Royal Decree 1887/2011, of 30 December, the basic organic structure of the ministerial departments is established.
Uno.Se amending letter A) of paragraph 1 of Article 2:
"A) The Ministry of Justice. It depend on the following governing bodies:
A) The General Secretariat of the Administration of Justice, which depends on the General Directorate of Relations with the Administration of Justice.
B) The Office of Recovery and Asset Management.
C) The Directorate General for International Legal Cooperation and Relations with the Confessions. "
Final disposition third. Amendment of Royal Decree 453/2012, of 5 March, the basic organizational structure of the Ministry of Justice develops and amending Royal Decree 1887/2011 of 30 December, the basic organizational structure is established of ministerial departments.
One.The Article 2 shall read as follows:
"Article 2. Ministry of Justice.
1. The Ministry of Justice is the highest body of the department which is responsible, under the authority of the Ministry, coordination and collaboration with the administration of the autonomous communities at the service of justice, management, planning, support and cooperation with the administration of Justice and the Prosecution in its modernization, international legal cooperation and relations with international organizations and the European Union in the field of competence of the Ministry of Justice and management, promotion and management of ministerial powers on religious and freedom of conscience, and those related to the location and recovery of effects, goods, instruments and proceeds from criminal activities, their conservation, management and implementation issues.
Without prejudice to the powers of the Minister, for the holder of the Secretary of State participation in the ministry relations with the governing bodies of the General Council of the Judiciary, the Public Prosecution, competent in matters of justice the autonomous communities and the General Councils of the Bar and Solicitors of the Courts, and the relations of the ministry with the Ombudsman.
2. The Ministry of Justice governing bodies depend on the following:
A) The General Secretariat of the Administration of Justice, which depends on the General Directorate of Relations with the Administration of Justice
B) The Office of Recovery and Asset Management.
C) The Directorate General for International Legal Cooperation and Relations with the Confessions.
They are attached to the Ministry of Justice, through the Ministry of Justice, the Centre for Legal Studies and the General Mutuality Judicial, with the legal nature, structure and functions foreseen in their specific regulations.
3. As an organ of support and immediate assistance to the Secretary of State, there is a Cabinet, with organic level of general sub, with the structure set out in Article 14.3 of Royal Decree 1887/2011, establishing the basic organizational structure of the departments is approved ministerial. "
Two. A new Article 5a is inserted as follows:
"Article 5a. Office Recovery and Asset Management.
1. They correspond to the Office of Recovery and Asset Management, with the rank of General Management, the following functions:
A) The identification and search purposes, goods, instruments and proceeds of crime, residing inside or outside the country and putting to justice.
B) The maintenance and management of the effects, goods, instruments and proceeds of crime, whatever the nature thereof, as well as the benefits, fruits and income from such property. It may also comprise the destruction of property when approved by the competent authority, under the terms provided by law.
C) The reporting on the status and circumstances of managed assets, to be sent to the competent authority on its own initiative or upon request, in order to avoid uneconomic activities and ensure, in compliance with the law and compliance with all procedural guarantees, the maximum economic benefit.
D) The realization of assets, comprising the activity aimed at the sale of goods, property, profits and instruments delivered to the Office of Recovery and Asset Management, if agreed judicially, after the seizure of the same .
E) The derivative function of the support necessary for the development of the activity of the Commission Adjudication proceeds of crime.
F) The administrative process required to reach the appropriation account deposits and the resulting money embargo or early realization of the effects that the Criminal Procedure Act refers.
G) Any other functions relating to the subject of the Office and may be assigned to other standards.
2. Office of Recovery and Asset Management depend on the following organs:
A) The General Branch location and asset recovery, which shall exercise the functions specified in point a) above.
B) The General Branch conservation, management and realization of assets, which shall exercise the functions indicated in subparagraphs b), c), d), e), f) and g) above.
3. It corresponds to the head of the Office of Recovery and Asset Management plan Office action and produce an annual plan of action, directing institutional relations of the national and international office, and their relationship with the courts, courts and procuratorates person conclude agreements with other institutions for the purpose of carrying out the functions and purposes of its own, summon the Commission Adjudication proceeds of crime, issue instructions to facilitate the coordination of the Office with the judiciary, Attorney General and the ministries concerned and with third public or private institutions, coordinate the work of the office with other departments, agencies and public institutions, within the scope of its powers, when necessary, as well as raising the Minister of justice's annual report and annual accounts for approval. "
Fourth final provision. competential title.
This royal decree is issued under the provisions of Article 149.1.5.ª and 6th of the Spanish Constitution, which grants the State exclusive jurisdiction on Administration of Justice and criminal procedural law.
Chapter IV and the first final provision also dictate under Article 149.1.14.ª of the Spanish Constitution, which grants the State exclusive jurisdiction in matters of public finance.
Final provision fifth. Clearances development.
The Minister of Justice is empowered to adopt the rules necessary for the development and execution of this royal decree.
Sixth final provision. budget and the ratio of job changes.
The Ministry of Finance and Public Administration will carry out the precise budgetary modifications to comply with the provisions of this royal decree and approve the list of jobs of the Office of Recovery and Asset Management, proposed by the Ministry of Justice.
Seventh final provision. Entry into force.
The Royal Decree shall enter into force on the day of its publication in the "Official Gazette".
Given in Oviedo, on 23 October 2015.
The Minister of Finance and Public Administration,
Cristobal Montoro Romero
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