Cooperation under procedures of national law


Organic Law No. 6/1985 on the Judicial Power on the 1985 (2007)


Judicial actions


Article 276.

Requests for international cooperation shall be issued through the President of the Supreme Court, the High Court of Justice or the National Court and the Ministry of Justice which shall transmit then to the competent Authorities of the requested State, either through consular or diplomatic means, or directly if international treaties so provide.

Article 277.

The Spanish Courts and Tribunals shall provide foreign judicial authorities with any cooperation required of them for carrying out their jurisdictional duties pursuant to the terms of international treaties and conventions to which Spain is a signatory, and failing this, on the basis of reciprocity, according to the terms of the following article.

Article 278.

1. If the existence of reciprocity is attested to or if this is offered by the requesting foreign judicial body, the provision of international cooperation shall only be refused by the Spanish Courts and tribunals :
1.° When the process arising from the cooperation application is the exclusive competence of Spanish jurisdiction.
2.° When the content of the action to be carried out does not correspond to the attributions proper to the requested Spanish judicial authority. In this case it shall remit the application to the competent judicial authority, informing the requesting authority of this fact.
3.° When the communication containing the cooperation application does not fulfil the requirements of sufficient authenticity or is drafted in a language other than Spanish.
4.° When the object of the requested cooperation is manifestly contrary to Spanish public order.

2. The determination of the existence of reciprocity with the requesting State shall correspond to the Government through the Ministry of Justice.

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99 Execution of requests under articles 93 and 96

1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.