Spain is one of Europe’s most active countries when it comes to international legal cooperation. As a member of the European Union, the Council of Europe, and the United Nations, Spain routinely receives—and grants—extradition requests from countries across the globe.
If you or someone close to you is facing extradition from Spain, understanding the process, legal protections, and potential defense strategies is essential. In this article, we explain how extradition works under Spanish law, when a request can be challenged, and what role defense attorneys play in the outcome.
What Is Extradition?
Extradition is the legal process by which one country (the requested state) surrenders an individual to another country (the requesting state) so that they can be prosecuted or serve a criminal sentence. It is governed by international treaties, bilateral agreements, and national laws.
In Spain, extradition requests are handled by the Audiencia Nacional, a specialized high court based in Madrid. The final decision in non-EU cases may also involve the Council of Ministers, especially when political or diplomatic factors are at play.
Who Can Be Extradited from Spain?
Spain may extradite both nationals and foreigners, depending on the circumstances. However, Spanish nationals may only be surrendered under strict conditions, and often only if the offense has some connection with another EU state.
Extradition can be requested for:
- Individuals accused of crimes abroad.
- People who have escaped sentencing or prison in another country.
- Persons convicted in absentia.
- Individuals already tried and sentenced but who fled the requesting state.
Legal Basis for Extradition from Spain
Extradition requests are only accepted if they are based on:
- A bilateral extradition treaty between Spain and the requesting country.
- A multilateral convention (e.g. European Convention on Extradition, UN treaties).
- The principle of reciprocity, if no formal treaty exists.
In all cases, Spanish authorities must verify that the request complies with national law and fundamental rights.
The Extradition Procedure in Spain
1. Arrest and Initial Hearing
When Spain receives a formal extradition request, police may arrest the individual (if not already in custody). The detainee is brought before the Audiencia Nacional, where the judge informs them of the charges and appoints legal counsel if needed.
2. Detention or Release Pending Extradition
Depending on the risk of flight and seriousness of the offense, the court may order preventive detention or release under conditions (such as passport surrender or regular check-ins).
3. Submission of Documentation
The requesting country must send detailed legal documentation, including:
- Arrest warrant or conviction.
- Legal classification of the offense.
- Summary of the facts.
- Evidence of identity.
- Applicable laws and penalties.
4. Extradition Hearing
A public hearing is held before the court. The public prosecutor supports the extradition, while the defense lawyer may raise objections and present evidence.
5. Judicial Decision
The Audiencia Nacional decides whether the legal conditions for extradition are met. If approved, the decision is forwarded to the Council of Ministers, which may confirm or reject the surrender.
In cases involving EU countries, the European Arrest Warrant (EAW) procedure applies, and no political approval is needed.
Grounds for Refusing Extradition from Spain
Spanish courts may deny extradition under several circumstances:
1. Double Criminality Not Met
The act must be a criminal offense in both Spain and the requesting country.
2. Risk of Torture or Inhumane Treatment
If there is credible evidence that the person could face torture, degrading treatment, or unfair trial, extradition will be denied.
3. Political Offense Exception
Extradition is not granted for purely political crimes, although terrorism is generally excluded from this category.
4. Spanish Citizenship
Spain may deny extradition of its own citizens, particularly if they can be tried in Spain for the same conduct.
5. Statute of Limitations
If the crime is time-barred under Spanish law, the request can be rejected.
6. Death Penalty Risk
Spain does not extradite individuals who could face capital punishment, unless sufficient guarantees are provided.
Role of the Defense Lawyer
In extradition cases, timing and expertise are critical. A defense lawyer will:
- Challenge the legal basis of the request.
- Raise procedural errors or missing documentation.
- Present human rights arguments supported by international reports.
- Gather evidence showing family ties, health conditions, or social integration in Spain.
- File appeals or constitutional challenges when necessary.
- If applicable, assist in applying for asylum or subsidiary protection.
Law firms with expertise in international criminal law—such as Chabaneix Abogados Penalistas—frequently represent clients in high-profile extradition matters before the Audiencia Nacional. These lawyers understand both the legal details and the diplomatic sensitivities that can influence the final outcome.
European Arrest Warrants (EAW)
If the extradition request comes from another EU country, it is handled under the European Arrest Warrant system. This is a simplified, fast-track process in which judicial authorities cooperate directly, without political involvement.
Key features of the EAW:
- No requirement for dual criminality for 32 listed offenses.
- Strict timelines: surrender within 10–60 days.
- Limited grounds for refusal, mostly related to human rights or disproportionate penalties.
While the EAW process is faster, the person still has the right to a lawyer, interpreter, and appeal mechanisms.
