Extradition in Spain

It is possible to be arrested in Spain, not because of local problems with the Spanish justice system but due to requests from other countries. It is for example quite common for British nationals who have left the UK because of problems with the law to be arrested in Spain at the request of the British authorities.

Additionally, citizens from other countries around the world are detained in Spain because of things that happened abroad and at the petition of countries as diverse as the US, China, Turkey or Guatemala or any other country.

 

Location & Time Frame

In such cases a so called extradition procedure starts. In Spain there is only one Court, the Audiencia Nacional – based in Madrid – that deals with extradition matters. Normally, upon arrest, the person is sent to a prison in the Madrid area, whereupon they will be asked if they agree or not to be sent to the country that requests their presence before a local Court. If they refuse, an extradition process begins, and will last from only a couple of weeks to many months or even a year or longer.

EU & Non-EU Procedures

There are two basic extradition procedures in Spain: the so-called fast track European system based on the “European Arrest Warrant” procedure which consists basically in a very fast court procedure that ends almost always with the detained individual being sent to the EU country that made the request. This procedure is only for countries of the EU area and is based on EU cooperation.

In these cases, being able to coordinate with the family and the authorities of the EU country who has issued the arrest order is an absolute plus and of enormous importance since sometimes the same criminal sanction does not exist in Spanish legislation, the affected person may have a trial in Spain regarding the matter, they could be resident in Spain or there may be other reasons which would render the arrest warrant ‘not applicable’.

Much more dramatic on the other hand are extradition requests to non-EU countries. Those cases are handled in the Audiencia Nacional as well, but the procedure is much slower. Sometimes these cases are really a matter of life and death for the individual who has been detained since spending a couple of years in a prison in Honduras, China, Russia or any non-European country is a real nightmare and conditions in those places are usually terrible.

In those cases we have seen quite often that the Spanish authorities refuse to grant extradition when the country asking for the extradition is a not democratic state, human rights are not respected or if the case in the country of origin has not respected international human rights standards.

Successfully Fighting Extradition

In those cases we have noticed in our 20 years of experience that our clients have only real chances to avoid this extradition if they are adequately assisted and their case is vigorously fought for.

Normally to avoid an extradition to a non-EU country you will need a lawyer able to communicate in English with the authorities of the country requesting your presence, be able to coordinate your defence with a lawyer from the country that asks for your presence and try to find loopholes in the case against you.

Only with a lawyer experienced enough in such matters will have a real chance. Unfortunately, regular criminal lawyers with no practical experience in extradition cases will definitely not have the experience required.

Related Services

15 Lawyers Offering Extradition Services in Spain

Testimonials for our Extradition service
  • Robert Melvin
    Robert Melvin, Seville

    I was extremely happy with Rafael during my case. He always responded promptly to any questions I had. I found both his spoken and written English to be excellent, even with complex legal matters.


    He explained any query I had very well and if there was anything I was unsure of he explained thoroughly. I was extremely impressed with the level of professionalism throughout the process together. I would highly recommend Rafael to anyone needing a lawyer in Spain. It was a pleasure to work with him.


    Dec 08, 2019
  • Renee Friel
    Renee Friel

    Responded to my request immediately and always there with advice.


    Sep 27, 2019
  • Sue Harding
    Sue Harding, Los Cristianos

    She was excellent, couldn’t have been more helpful and professional, we were able to contact her out of hours which was so refreshing, she totally put our minds to rest about everything that was going on, an absolute superstar!


    I’m so glad I found Rosanna on the internet and used her services, I’ve heard some nasty tales about using Foreign, lawyers but I have to say Rosanna was amazing,


    Sep 07, 2019
  • Stefan Olivier
    Stefan Olivier, Ibiza

    Rosa was incredibly helpful and also patient with me. I would recommend her to anyone as she is incredibly professional and knows how to advise a distressed client brilliantly.


    Sep 07, 2019
  • Jason McNabb
    Jason McNabb, Fuengirola

    Very professional and a first class service at very short notice.


    Everything was under control in a short space of time. Alvaro was a man of his word. Anything he said he would do he done it. Me and my family appreciate everything you done for my brother thank you so much.


    Jul 16, 2019
  • Clare Parlour
    Clare Parlour, Mallorca

    Initially I had a lot of communication but as time went on it was difficult to get prompt responses and I felt frustrated by the Spanish system and lack of understanding.


    It has now been transferred to the UK but this was done through the court and not the solicitor. it took 3 months for our file to turn up in the UK and I think that was more by luck.


    More regular communication especially as we didn't know the Spanish legal system.


    Jul 09, 2019
  • Andy and Diane Heston
    Andy and Diane Heston, Fuengirola

    We have recently had to employ the services of a lawyer, to deal with a very serious and distressing problem. We found Alvero and made a phone call to him ,within seconds of speaking to him he proved to be the lawyer to represent us.


    His knowledge of our particular problem was in depth and precise he listened carefully and gave us really sound and honest advice. His professionalism in handling our case has been impressive to say the least but he has also remained sympathetic and constantly kept us up to date with everything he has been doing at every stage.


    This has helped to minimize the stress at this extremely stressful time I would have no hesitation in recommending Alvero. His professionalism and whole attitude towards his clients is second to none


    May 24, 2019
  • Margaret Mary Kelly
    Margaret Mary Kelly, Benidorm

    Juan was very professional and approachable. He was aware of the legal issues surrounding my case and responded in a timely manner. He has a calm manner and communicated in a direct but sensitive way.

    I will use the service again if I need legal help in the future.

    Muchas gracias, Juan. Margarita.


    Apr 26, 2019
  • Nicholas Lee
    Nicholas Lee, Palma

    Very good. Made me feel very comfortable in a difficult situation and helped me resolve the issue in a calm, efficient and cost effective manner. Highly recommended.


    Feb 15, 2019
  • Rhys Keely
    Rhys Keely, Mallorca

    Rosa was very understanding and helpful in all matters. She explained everything and went above and beyond to assist.


    So lucky to have found her at a difficult time.


    Jan 29, 2019
  • Val
    Val, France

    Francisca was extremely helpful. We especially appreciated the clarity and sensitivity to our situation.


    Jan 08, 2019
  • David Grundy
    David Grundy, UK

    Jose was very polite and we received an excellent service from him.


    Nothing was to much trouble and his communication was 2nd to none. Highly recommended!


    Aug 24, 2018
  • John Wedlake
    John Wedlake, Murro de Alcoi, Spain

    Very satisfied with Jose-Antonio's service, in particular I appreciated the completely honest appraisal of the situation. Will definitely use this service again.


    Jul 30, 2017
  • Andriy Shevchuk
    Andriy Shevchuk, Ukraine, Lviv

    Jose Antonio is a very professional lawyer. He have very good experience and clear vision of case. Also digging deeply in all details.


    Very professional Lawyer.


    Apr 05, 2017
  • Harold Thomas
    Harold Thomas, Manchester UK

    The help I received from Juan on behalf of my sister in law Sandra, was invaluable.


    He is an excellent professional who I can highly recommend, if I was ever in need of legal assistance in Spain he would definitely be the first person I would contact.


    Many thanks Juan for your help.


    Jan 13, 2017
  • KSC
    KSC, Ireland

    She was very helpful, always happy to assist.


    I was very satisfied with the service.


    Oct 18, 2016
  • Martin Rawlings
    Martin Rawlings, Baza

    I am very pleased with the time and trouble taken by Álvaro in advising me and acting on my behalf.


    His English was more or less fluent and I would definitely use his services again.


    Apr 07, 2016
Send Your Enquiry
Are there public holidays?

Enquiry sent. Thank you!

Please fix errors