Article 263 bis of the Criminal Procedure Law

  Criminal Procedure Law

1. The competent Investigating Judge and the Public Prosecutor, as well as the Heads of the Organic Units of the Judicial Police, central or provincial, and their superiors may authorize the circulation or controlled delivery of toxic drugs, narcotics or psychotropic substances, as well as other prohibited substances. This measure must be agreed by reasoned resolution, which explicitly determines, as far as possible, the object of authorization or controlled delivery, as well as the type and quantity of the substance in question. In adopting these measures, their need for investigative purposes in relation to the importance of the crime and the possibilities of surveillance will be taken into account. The Judge who issues the decision will transfer a copy of it to the Dean Court of his jurisdiction, which will keep a record of said resolutions.

The circulation or supervised delivery of the equipment, materials and substances referred to in article 371 of the Penal Code, of the goods and profits referred to in article 301 of said Code in all the cases provided for therein, as well as the goods, materials, objects and animal and plant species referred to in articles 332, 334, 386, 399 bis, 566, 568 and 569, also of the Penal Code.

2. Controlled circulation or delivery shall be understood as the technique consisting of allowing illicit or suspicious consignments of toxic drugs, psychotropic substances or other prohibited substances, the equipment, materials and substances referred to in the previous section, the substances for which has replaced the aforementioned, as well as the assets and proceeds from criminal activities typified in articles 301 to 304 and 368 to 373 of the Penal Code, circulate through Spanish territory or leave or enter it without obstative interference from the authority or its agents and under their surveillance, in order to discover or identify the persons involved in the commission of any crime related to said drugs, substances, equipment, materials, goods and profits, as well as to provide assistance to foreign authorities for the same purposes .

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3. The use of controlled delivery will be made on a case-by-case basis and, at the international level, will be adapted to the provisions of international treaties.

The Heads of the Organic Units of the central or provincial Judicial Police or their superiors will immediately notify the Public Prosecutor of the authorizations that they have granted in accordance with section 1 of this article and, if there is an open judicial proceeding, to the Judge of competent instruction.

4. The interception and opening of postal shipments suspected of containing narcotic drugs and, where appropriate, the subsequent substitution of the drug contained within, will be carried out respecting at all times the judicial guarantees established in the legal system, with the exception of the provisions of article 584 of this Law.

art 263 bis lecrim

Article 263 bis of the Criminal Procedure Law is part of the title dedicated to the complaint: