Extradition and European Arrest Warrant lawyer in Madrid

Also searched as: extradition lawyers in Madrid · European arrest warrant lawyer Spain · Audiencia Nacional extradition · surrender proceedings Spain · Interpol red notice Spain

Madrid is the only place in Spain where it is decided whether a person requested by another state is surrendered. Jurisdiction lies with the Audiencia Nacional, which sits in the capital: the Central Court of Instance in the initial phase and the Criminal Chamber for the decision. Anyone arrested anywhere in Spain on a European Arrest Warrant or an extradition request ends up in Madrid, and anyone living in Madrid who is wanted by their home country 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 Act 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 requested for the purpose of conducting a criminal prosecution or executing a custodial sentence or detention order. It is a mutual recognition mechanism between judicial authorities: the Government plays no part and the grounds for refusal are exhaustively listed.

Arrest and production before the judge. The arrest is carried out with the safeguards 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 produced, the person is informed of the existence and content of the warrant, of the 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 seventy-two hours of production, with the prosecutor, the lawyer and an interpreter, under the rules that govern the statement of an arrested person (article 51). The requested person is first asked whether they consent irrevocably to surrender; if they are a Spanish national or resident in Spain, they are also asked whether they request to be returned to Spain to serve the sentence. The grounds for refusal and any guarantees are then examined. It is the decisive hearing of the whole procedure, and arriving at it with the warrant studied, with information from the lawyer in the issuing state and with documentary evidence of ties to Spain is what distinguishes a defence from a mere appearance.

Time limits. If the requested person consents, the decision is given 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 person may be held in custody or released under conditions, and that decision is taken at the same hearing.

Extradition to non-EU states, including the United Kingdom

With the United Kingdom since its departure from the Union, with Switzerland, with the United States and with any other third country, classic extradition applies: Act 4/1985 on Passive Extradition insofar as not provided for by bilateral or multilateral treaties, and always subject to reciprocity (article 1). Its essential rules are four.

Double criminality and minimum penalty. Extradition is granted only for acts punishable under both Spanish law and the law of the requesting state with a penalty whose maximum is not less than one year, or to serve a sentence of at least four months for acts also criminalised in Spain (article 2). Where the request rests on a judgment given in absentia with a penalty that in Spain could not be imposed on an absent defendant, extradition is conditional on the requesting state guaranteeing a retrial.

Spanish nationals are not extradited. Article 3 provides that extradition shall not be granted in respect of Spanish nationals, nor of foreigners for offences falling within the jurisdiction of the Spanish courts; nationality is assessed at the time of the decision, unless acquired fraudulently to prevent extradition. In such cases the Government may refer the matter to the public prosecutor for proceedings in Spain.

Grounds for refusal. Article 4 excludes extradition for political offences, terrorism and crimes against humanity not being regarded as such; for military and press offences and offences prosecutable only on private complaint; where the person would be tried by an extraordinary court; where criminal liability has been extinguished under either legal system; and where the person has been or is being tried in Spain for the same facts. Treaty-based grounds and fundamental-rights considerations are added to these.

Procedure. In urgent cases provisional arrest may be requested; the person is brought before the duty Central Investigating Judge within twenty-four hours, and custody lapses if the formal request is not filed within forty days (article 8). Once the judicial phase is opened, the person appears with a lawyer and an interpreter and states whether they consent; if not, the judge rules on custody or bail and refers the file to the Criminal Chamber of the Audiencia Nacional (article 12), where it is made available to the prosecutor and defence counsel for successive three-day periods (article 13). One decisive particularity: a court decision approving extradition does not bind the Government, which may refuse it on grounds of reciprocity, security, public order or other essential interests, whereas a court decision refusing it is final (article 6). The defence therefore has two arenas, judicial and governmental, and must work in both.

How we defend the requested person in Madrid

The defence in surrender proceedings runs on three fronts at once. The first is the person’s liberty: avoiding custody or obtaining release under conditions, for which residence in Madrid, legal status, family and employment are documented from day one. The second is the merits: grounds for refusal, limitation under both legal systems, double jeopardy, the risk of treatment contrary to fundamental rights in the requesting state and, under the European Arrest Warrant, the guarantee of return to serve the sentence in Spain. The third is the proceedings in the issuing state itself: with liaison counsel there, it is frequently possible to have the warrant withdrawn, replaced by a summons or resolved through a negotiated voluntary appearance, which avoids forced surrender. We conduct the defence in English and coordinate with lawyers in the issuing states.

Informative page prepared by Société de Conseil Juridique et Expert. It does not constitute legal advice and does not replace consultation with a lawyer on the specific case.

Last reviewed: 24 September 2026.