Quick answer. Arrests at Alicante-Elche Airport usually follow a drug detection at the security or customs controls, or an international alert: an Interpol red notice, a European arrest warrant or a request from the United Kingdom. Drug cases are investigated by the duty court of the Tribunal de Instancia of Elche, where the airport is located; surrender and extradition requests are decided by the Audiencia Nacional in Madrid. In both cases the first statement and the way the evidence was obtained at the airport shape the entire defence.
Last updated:
Drug detections at the airport
Article 368 of the Criminal Code punishes those who possess drugs for trafficking or who introduce them into Spain. For substances that cause serious harm to health, such as cocaine or heroin, the penalty is three to six years of imprisonment and a fine of up to three times the value of the drug; for other substances, such as cannabis, one to three years and a fine of up to twice their value. The penalty is increased when the quantity is of notable importance (Article 369), and may be reduced for minor cases taking into account the circumstances of the offender (Article 368, second paragraph). Possession solely for personal consumption is not a criminal offence, although it may be an administrative infringement; the quantity, packaging and circumstances are decisive.
How a drug case at the airport is defended
The defence examines whether the traveller knew of the content of the luggage or parcel, which is frequently disputed in cases of couriers, the lawfulness of the search and of any scanning or X-ray examination, the chain of custody of the substance and the weighing and purity analysis carried out by the official laboratory. Messages, travel arrangements and the way the ticket was purchased are often used by the prosecution to infer knowledge, so they must be analysed from the outset. Making a statement at the airport without a lawyer is rarely advisable.
Arrests on Interpol alerts and arrest warrants
An Interpol red notice is a request to locate a person and arrest them provisionally with a view to surrender or extradition; it is not, by itself, a conviction or a judicial decision of the Spanish courts. A person arrested on an alert is brought before a judge and the case is referred to the central investigating judges of the Audiencia Nacional in Madrid.
Between member states of the European Union the European arrest warrant applies (Law 23/2014): the person may consent to surrender or oppose it on the grounds provided by law, and there are strict time limits for the decision. Since 1 January 2021, requests from the United Kingdom are processed under the surrender arrangements of Title VII of the EU and UK Trade and Cooperation Agreement, which follow a procedure similar to the European arrest warrant. Requests from other countries are processed as extraditions under Law 4/1985, which includes a final governmental phase.
Which court decides
Drug offences detected at the airport are investigated by the Investigation Section of the Tribunal de Instancia of Elche; trials for offences punishable with more than five years of imprisonment are held before the Audiencia Provincial of Alicante, which has sections sitting in Elche. Surrender and extradition proceedings are decided by the Audiencia Nacional, which may order provisional release with measures such as withdrawal of the passport and periodic appearances while the decision is pending.
Frequently asked questions
Is an Interpol red notice an arrest warrant?
No. It is an international request to locate and provisionally arrest a person. The Spanish courts must then examine the underlying warrant or request and decide on surrender or extradition in accordance with Spanish law and the applicable treaties.
Can I be surrendered to the United Kingdom?
Yes, under the surrender arrangements of the EU and UK Trade and Cooperation Agreement, decided by the Audiencia Nacional. The person may oppose surrender on the grounds provided for and must be assisted by a lawyer and an interpreter.
Can I be released while the court decides?
Yes. The Audiencia Nacional may grant provisional release subject to measures such as withdrawal of the passport, periodic appearances or a ban on leaving Spain, depending on the risk of flight.
What if I did not know there were drugs in my luggage?
Knowledge is an essential element of the offence. The prosecution must prove it, often through circumstantial evidence such as messages or travel arrangements, and the defence can challenge that inference with the specific facts of the case.
Related guides
- Drug offence defence lawyer in Spain
- European arrest warrant defence in Spain
- How the European arrest warrant works in Spain
- Arrested in Alicante, Benidorm or Torrevieja: the first 24 hours
- English-speaking criminal lawyer in Alicante
Do you need a criminal defence lawyer on the Costa Blanca now? Société Juridique assists detained persons and victims 24 hours a day, in English, from its offices in Alicante, El Campello and Madrid.
This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
