This instrument of mutual recognition on freezing orders is directed to prevent provisionally the destruction, transformation, displacement, transfer or alienation of properties which could be subdued to be confiscated or be used as means of evidence.
Freezing orders may be taken in relation to any type of property, whether tangible or intangible, movable or immovable, as well as documents evidencing title or right over such property, which the judicial authority of the issuing State considers to constitute the proceeds of an offense or to be equivalent in whole or in part to the value of such proceeds, or to constitute the instrumentalities or objects of such offense.
A freezing order shall be transmitted by means of a freezing certificate. The issuing authority shall transmit the freezing certificate provided for in Article 6 (Regulation (EU) 2018/1805) directly to the executing authority or, where applicable, to the central authority by any means capable of producing a written record under conditions that allow the executing authority to establish the authenticity of the freezing certificate.
The issuing authority shall transmit the original of the freezing order or a certified copy thereof together with the freezing certificate.
The freezing certificate shall: a) be accompanied by aconfiscation certificate transmitted in accordande with article 14 Regulation (EU) 2018/1805) or b) contain an instrction that the property is to remain forzen in the executing State pending the transmission and execution of the confiscation order in accordance with article 14, in which case the issuing authority shall indicate the estimated date of this transmission in the freezing certificate.
The certificate must be signed by the judge and translated into Spanish. The decision, however, does not have to be translated.
• time limits
Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders.
The property subject to a freezing order shall remain frozen in the executing State until the competent authority of that state has responded definitively to a confiscation order transmitted in accordance with Article 14 or until the issuing authority has informed the executing authority of any decision or measure that renders the order unenforceable or causes it to be withdrawn in accordance with Article 27 (art. 12)
Act 23/2014. Art. 153 The measure will be kept until the request for transferring or confiscation made by the issuing judicial authority is definitively resolved, without prejudice of the coercive measures rendered that could be adopted.