How EU countries enforce each other's confiscation orders

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1. The law does two things: it sets out how Spanish courts send final confiscation rulings to other EU countries, and how they recognize and enforce rulings received from other member states.
2. Confiscation means the permanent loss of property that comes from a crime, was used to commit it, or has a value clearly out of proportion to the convicted person's legal income. To send a ruling abroad, the competent court is the Spanish criminal court that would enforce it; to enforce rulings received from abroad, it is the Criminal Courts (Jueces de lo Penal) where the assets are located.
3. The ruling must be sent with a certificate translated into the language of the enforcing state, by registered mail, fax or secure electronic means. If it is unclear where the assets are, the ruling can be sent to several states at the same time.
4. For a list of serious crimes punishable by at least three years in prison, double criminality is not required: the Criminal Court must recognize and enforce the ruling with no step other than the Public Prosecutor's report, within a maximum of 15 days.
5. There are cases where the judge may or must refuse enforcement, such as being prosecuted twice for the same acts (non bis in idemNon bis in idem The rule that forbids convicting a person twice for the same acts.), the act not being a crime in Spain, or the accused not appearing at trial without proper safeguards. The judge may also temporarily suspend enforcement, for example if there is a risk of exceeding the maximum amount.
6. Money confiscated in Spain is shared out: if it does not exceed €10,000 it goes into judicial deposit accounts; if it does, 50 percent is transferred to the state that issued the ruling and the other 50 percent stays in Spain. Non-monetary assets are sold under the same rules.

Who it affects

• Spanish criminal courts and judges: They must send confiscation rulings abroad when the assets are there, with a certificate and through the required channels.
• Criminal Courts (Jueces de lo Penal): They must recognize and enforce rulings received from other EU states, or refuse or suspend them in the cases provided.
• Convicted persons: Their assets can be confiscated in another EU country, and they can appeal the judge's decisions.
• Good-faith third parties and affected rights holders: Their rights can block enforcement of the confiscation, and they can appeal the Criminal Court's rulings.
• Public Prosecutor's Office (Ministerio Fiscal): It issues a report before recognition and enforcement and is notified of the decisions adopted.

Words worth knowing

Decomiso (confiscation)

Permanent loss of assets (money, objects, real estate) when they come from a crime or are linked to it.

Doble tipificación (double criminality)

The requirement that the act be a crime both in the country issuing the ruling and in Spain.

Non bis in idem

The rule that forbids convicting a person twice for the same acts.

Estado de emisión y de ejecución (issuing and executing state)

The issuing state is the country where the confiscation ruling was made; the executing state is the one that must enforce it.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries