Interpol lawyers > Extradition Lawyers in Spain

Extradition Lawyers in Spain

Spain is an active participant in European judicial cooperation and applies the European Arrest Warrant within the EU. Spain also has numerous bilateral extradition treaties. Our lawyers specialize in defending clients in Spanish and international extradition proceedings.

Contact our lawyers!

Extradition to Spain: Complete Legal Guide

Spain is an active participant in international criminal cooperation and one of the most consistent implementers of the European Arrest Warrant system within the EU. As a member of the Council of Europe and a signatory to numerous bilateral extradition treaties, Spain has the legal tools to pursue individuals across borders. At the same time, the Spanish legal system provides important procedural safeguards that skilled defense lawyers can effectively invoke.

Spain extradition — specialist legal defense

The lawyers of Collegium of International Lawyers provide expert legal defense against extradition requests to Spain at all stages — from the first moment of arrest to appeals before the highest courts.

Legal Framework for Extradition to Spain

Passive Extradition Act (Ley 4/1985 de 21 de marzo) — Spain’s primary domestic statute governing incoming extradition requests from non-EU states;
European Arrest Warrant (EAW) — Law 3/2003 and Law 23/2014 — for EU member states, the EAW replaces traditional extradition with mutual recognition of judicial decisions;
European Convention on Extradition (1957) — applicable to Council of Europe member states outside the EU;
Bilateral extradition treaties — Spain has treaties with the United States, Mexico, Argentina, Morocco, Algeria, Australia, China, and numerous other countries;
Constitutional protection — Article 24 of the Spanish Constitution guarantees the right to effective judicial protection and a fair trial, applicable in extradition proceedings.

The Extradition Procedure in Spain: Step by Step

Step 1: Provisional Arrest

A requesting state may seek provisional arrest through an Interpol Red Notice or a direct diplomatic request before the formal extradition procedure begins. Spanish law permits provisional arrest for up to 40 days (extendable) while the formal request is transmitted. The detainee has the immediate right to legal representation and must be brought before a judge within 72 hours of arrest.

Step 2: Formal Extradition Request

The requesting state submits the formal extradition request through diplomatic channels to the Spanish Ministry of Foreign Affairs, which forwards it to the Ministry of Justice and ultimately to the Central Criminal Court (Audiencia Nacional). The Audiencia Nacional is the specialized court handling extradition matters in Spain and has exclusive jurisdiction in this area.

Step 3: Judicial Review by the Audiencia Nacional

The Audiencia Nacional conducts the judicial examination of the extradition request. The court verifies:

compliance with the applicable treaty or convention;
dual criminality — the act must be an offense under both Spanish law and the law of the requesting state;
the absence of grounds for refusal;
respect for human rights and the right to a fair trial.

The person concerned has the right to be heard by the court, to present evidence, and to be assisted by a lawyer throughout the proceedings.

Step 4: Decision of the Council of Ministers

Even when the Audiencia Nacional declares extradition admissible, the final decision rests with the Council of Ministers (Consejo de Ministros), acting on the advice of the Ministry of Justice. The government has full discretion to refuse extradition for political, humanitarian, or diplomatic reasons, even where the court finds it legally permissible.

Step 5: Appeal to the Supreme Court

The decision of the Audiencia Nacional may be appealed to the Criminal Chamber of the Supreme Court (Tribunal Supremo). Additionally, constitutional challenges may be brought before the Constitutional Court (Tribunal Constitucional).

Grounds for Refusing Extradition to Spain

Spanish law and applicable treaties provide for a comprehensive set of grounds on which extradition may be refused:

Spanish nationality — Spain generally does not extradite its own nationals, though this rule has exceptions in the context of the EAW;
Absence of dual criminality — the act must constitute a criminal offense under Spanish law;
Political offense exception — acts of a political nature are excluded, including terrorism-related charges where there is a risk of political persecution;
Risk of torture or inhuman treatment — Article 3 ECHR; Spain will refuse extradition where there is a real risk of ill-treatment;
Risk of unfair trial — Article 6 ECHR; Spain refuses extradition to states that do not guarantee judicial independence and fair trial rights;
Ne bis in idem — the person has already been definitively convicted or acquitted for the same offense in Spain or any other state;
Prescription — the offense is time-barred under Spanish law or the law of the requesting state;
Death penalty — Spain will not extradite unless the requesting state provides assurances that the death penalty will not be imposed;
Humanitarian grounds — serious illness, age, family ties in Spain.

The European Arrest Warrant in Spain

For EU member states, the European Arrest Warrant replaces the traditional extradition procedure. The Spanish courts must rule on an EAW within strict time limits — generally 60 days from arrest (10 days if the person consents). The grounds for refusing an EAW are more limited than those for traditional extradition, but Spanish courts have developed important case law on human rights protections, conditions of detention in issuing states, and the right to be retried in Spain for nationals.

Interpol and Extradition to Spain

Spain is an active user of Interpol’s Red Notice system. A Red Notice at Spain’s request may be issued for individuals suspected of serious crimes — terrorism, drug trafficking, financial fraud, organized crime. Our lawyers challenge Red Notices before Interpol’s Commission for the Control of Files (CCF) in parallel with the extradition defense strategy.

How Our Lawyers Can Help

Immediate legal assessment — analysis of the request, applicable treaty, and defense prospects within 24 hours;
Challenge to provisional arrest — motion for release or bail before the Audiencia Nacional;
Full defense before the Audiencia Nacional — dual criminality, human rights, prescription, political offense;
Representation at all appellate levels — Supreme Court and Constitutional Court;
Parallel CCF challenge to the Interpol Red Notice;
Coordination with defense counsel in the requesting state;
Advice on alternatives — asylum application, ECHR interim measures, humanitarian grounds.

Frequently Asked Questions

Can Spain extradite without a bilateral treaty?
Yes, on the basis of the principle of reciprocity and Spain’s Passive Extradition Act. However, courts in practice apply heightened scrutiny to such requests.

How long does extradition proceedings take in Spain?
Between 3 months and 2 years depending on complexity and whether appeals are filed. EAW proceedings are typically faster — 60 days in theory, but challenges can extend this.

What is the Audiencia Nacional?
Spain’s specialized central criminal court. It has exclusive jurisdiction over extradition matters, organized crime, terrorism, and other serious international offenses. Its decisions can be appealed to the Tribunal Supremo.

Can I be arrested in Spain based on an Interpol Red Notice alone?
Yes — provisional arrest is possible on the basis of a Red Notice while the formal extradition request is being prepared. Our lawyers can challenge both the Red Notice and the provisional arrest simultaneously.

Does Spain extradite its own citizens?
For traditional extradition (non-EU), Spain generally refuses to extradite its nationals. However, under the EAW framework for EU states, Spanish nationals may be surrendered subject to certain conditions, including the right to serve any sentence in Spain.

What should I do if arrested in Spain on an extradition warrant?
Request a lawyer immediately. Do not make any statements without legal advice. Contact Collegium of International Lawyers for emergency assistance. We are available 24/7.

Contact Us

If you or a loved one faces extradition to Spain, do not delay. The lawyers of Collegium of International Lawyers are available around the clock. Phone: +357 96 447475. Email: [email protected].

FAQ

Does Spain extradite Spanish nationals?

No. Spain's protection of its own nationals from extradition is absolute under Ley 4/1985. Spanish citizens cannot be extradited to non-EU countries under any circumstances. The European Arrest Warrant creates a limited exception for EU member states — an EAW from another EU country can be executed against a Spanish national — but even then, Spanish courts require that any resulting sentence be served in Spain where possible.

What is the role of the Spanish government in extradition decisions?

Unlike pure judicial extradition systems, Spain gives the Council of Ministers (the cabinet) the final word on every extradition decision. Even after the Audiencia Nacional has found extradition legally admissible, the government can refuse on grounds of sovereignty, national interest, reciprocity, or public order. This executive discretion is a critical feature of the Spanish system and provides a second line of defense beyond the legal arguments available in court.

Does Spain have an extradition treaty with Russia?

No. Spain and Russia have no bilateral extradition treaty. Russian extradition requests would be handled under Ley 4/1985 as a residual framework based on reciprocity, and given the absence of a treaty and Spain's human rights obligations, Spanish courts would apply the full range of mandatory refusal grounds. The political offense exception and human rights grounds have been successfully invoked in cases before the Audiencia Nacional involving requests from non-treaty states.

Can I appeal an extradition order in Spain?

Yes. Decisions of the Audiencia Nacional's Criminal Chamber can be appealed to the Supreme Court (Tribunal Supremo) on points of law. If fundamental constitutional rights are at stake — for example, the right to a fair trial or protection against inhumane treatment — the Constitutional Court (Tribunal Constitucional) has jurisdiction under the amparo procedure. Spanish courts apply these protections actively, and appeal timelines typically add six months to two years to the overall extradition process.