Extradition and European Arrest Warrant lawyer in Madrid

Short answer. All proceedings for the surrender of persons sought by another State are handled in Madrid, before the Central Tribunal de Instancia and the Criminal Chamber of the Audiencia Nacional. The European Arrest Warrant is governed by Law 23/2014 and is decided within ten days if there is consent or sixty if there is not; extradition to States outside the Union is governed by Law 4/1985 and the treaties, is not available in respect of Spanish nationals and may be refused by the Government. We defend the requested person from arrest to the final decision, with a liaison lawyer in the issuing State.

Madrid is the only place in Spain where it is decided whether a person sought by another State is surrendered. Jurisdiction lies with the Audiencia Nacional, based in the capital, specifically the Central Tribunal de Instancia at the initial stage and the Criminal Chamber for the decision. Anyone arrested anywhere in the country under a European warrant or an extradition request ends up in Madrid, and anyone living in Madrid who is sought by their country of origin or by a third State defends themselves here. This page explains the two instruments, their time limits and the decisions to be taken at each stage.

The European Arrest Warrant

Article 34 of Law 23/2014 defines the European Arrest Warrant as a judicial decision issued in a Member State of the European Union with a view to the arrest and surrender by another Member State of a person sought for the purposes of a criminal prosecution or the execution of a custodial sentence or detention order. It is a mechanism of mutual recognition between judicial authorities: the Government does not intervene and the grounds for refusal are exhaustively listed.

Arrest and presentation before the court. The arrest is made with the guarantees of the Criminal Procedure Act, and within a maximum of seventy-two hours the arrested person is brought before the Central Investigating Judge of the Audiencia Nacional (Article 50). On being brought before the court, the person is informed of the existence and content of the warrant, of their right to appoint a lawyer in the issuing State to assist the lawyer in Spain, and of the possibility of consenting irrevocably to surrender.

The hearing. It is held within a maximum of seventy-two hours from presentation before the court, with the prosecutor, the lawyer and an interpreter, under the rules governing the statement of a detained person (Article 51). The requested person is first heard on whether they irrevocably consent to surrender; if they are Spanish or resident in Spain, they are also heard on whether they request to be returned to Spain to serve the sentence. The grounds for refusal and the guarantees are then examined. It is the decisive hearing of the proceedings, and arriving at it with the warrant studied, with information from the lawyer in the issuing State and with documentation of ties to Spain is what distinguishes a defence from a mere appearance.

Time limits. If the requested person consents, the decision is issued within ten days of the hearing; if not, the maximum period for a final decision is sixty days from the arrest, extendable by a further thirty for justified reasons (Article 54). During that time the requested person may be in pre-trial detention or at liberty subject to measures, and that decision is taken at the same hearing.

Extradition to States outside the Union

With the United Kingdom since its withdrawal from the Union, with Switzerland, with the States of the Americas and with any other third country, classic extradition applies: Law 4/1985 on Passive Extradition, in matters not covered by bilateral or multilateral treaties, and always under the principle of reciprocity (Article 1). Its essential rules are four.

Double criminality and minimum penalty. Extradition is granted only for acts punishable under Spanish law and the law of the requesting State with a penalty of at least one year at its maximum, or to serve a sentence of at least four months’ deprivation of liberty for acts also criminalised in Spain (Article 2). If the request is based on a judgment in absentia with a penalty that in Spain cannot be imposed on an absent person, extradition is conditional on the requesting State guaranteeing a new trial.

Spanish nationals are not extradited. Article 3 provides that extradition shall not be granted of Spanish nationals or of foreign nationals for offences within the jurisdiction of the Spanish courts; nationality is assessed at the time of the decision, unless it was acquired with the fraudulent purpose of preventing extradition. In such cases the Government may refer the matter to the Public Prosecutor so that proceedings are brought in Spain.

Grounds for refusal. Article 4 excludes extradition for political offences, terrorism and crimes against humanity not being regarded as such; for military or press offences or offences prosecutable only on private complaint; where the requested person would be tried by an extraordinary court; where liability has been extinguished under either of the two legal systems; and where the person has been or is being tried in Spain for the same acts. To these are added the grounds deriving from treaties and from respect for fundamental rights.

Procedure. In urgent cases provisional arrest may be requested, which brings the requested person before the Central Investigating Court on duty within no more than twenty-four hours; detention ceases if the requesting State does not submit the formal request within forty days (Article 8). Once the judicial stage is ordered to continue, the requested person appears with a lawyer and an interpreter and states whether they consent; if not, the judge rules on their personal situation and refers the file to the Criminal Chamber of the Audiencia Nacional (Article 12), where it is made available to the prosecutor and the lawyer for successive periods of three days (Article 13). And a decisive particularity: the court decision declaring extradition admissible does not bind the Government, which may refuse it for reasons of reciprocity, security, public order or other essential interests, whereas a decision refusing it is final (Article 6). The defence therefore has two arenas, the judicial and the governmental, and must work in both.

How we defend the requested person in Madrid

The defence in surrender proceedings has three simultaneous fronts. The first is the personal situation: avoiding pre-trial detention or obtaining release subject to measures, for which ties to Madrid, legal residence, family and employment are documented from day one. The second is the merits: the grounds for refusal, limitation under both legal systems, res judicata, the risk of treatment contrary to fundamental rights in the requesting State and, in the European warrant, the guarantee of return to serve the sentence in Spain. The third is the proceedings in the issuing State itself: with a liaison lawyer there, it is frequently possible to have the warrant withdrawn, replaced by a summons or a voluntary appearance negotiated, which avoids forced surrender. We assist in Spanish, English and French and coordinate with lawyers in the issuing States.

Legal basis

Articles 34, 50, 51 and 54 of Law 23/2014 of 20 November on mutual recognition of criminal decisions in the European Union: definition of the European warrant, presentation before the court within seventy-two hours, hearing and time limits of ten and sixty days. Articles 1, 2, 3, 4, 6, 8, 12 and 13 of Law 4/1985 of 21 March on Passive Extradition: reciprocity, double criminality and minimum penalty, non-extradition of Spanish nationals, grounds for refusal, governmental decision, provisional arrest and appearance. Article 65 of the Organic Law on the Judiciary: jurisdiction of the Audiencia Nacional. Source: consolidated texts published by the Official State Gazette, version in force on 24 September 2026.

Frequently asked questions

How long do European Arrest Warrant proceedings take in Madrid?

If the requested person consents to surrender, the decision is issued within ten days of the hearing; if not, the maximum period for a final decision is sixty days from the arrest, extendable by a further thirty (Article 54 of Law 23/2014).

Can a Spanish national be surrendered under a European warrant?

The European warrant allows the surrender of Spanish nationals, but if the requested person is Spanish or resident in Spain they are heard on whether they request to be returned to Spain to serve the sentence (Article 51 of Law 23/2014). In extradition to States outside the Union, Article 3 of Law 4/1985 prohibits the extradition of Spanish nationals.

Can the Government block an extradition approved by the Audiencia Nacional?

Yes. Under Article 6 of Law 4/1985, the court decision declaring extradition admissible does not bind the Government, which may refuse it on grounds of reciprocity or for reasons of security, public order or other essential interests. A court decision refusing extradition is final.

Will I be in prison while surrender is decided?

Not necessarily. At the hearing before the Central Investigating Judge the personal situation is decided, and release subject to measures such as surrender of the passport, periodic appearances or bail is possible. Documented ties to Madrid are the main argument.

Does the European warrant apply to the United Kingdom?

Not since its withdrawal from the European Union. Surrenders with the United Kingdom are governed by the Trade and Cooperation Agreement with the Union and, in matters not covered, by Law 4/1985 on passive extradition.

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This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.