Expert extradition lawyer

It is the procedure by which one State asks another to surrender a person to stand trial or to serve a sentence. When the person is in Spain and another country requests them, it is called passive extradition. It is governed by Law 4/1985 on Passive Extradition and the applicable treaty, and in Spain it is handled by the Audiencia Nacional.

Three. An initial governmental stage, where the Government decides whether to proceed with the request. A judicial stage before the Audiencia Nacional: arrest, appearance before the Central Investigating Court, hearing before the Criminal Chamber and, where applicable, appeal to the Full Chamber. And a final governmental stage, where the Council of Ministers decides whether to surrender the person once the courts have declared extradition admissible.

The arrested person must be brought before the Central Investigating Court within 24 hours. If the arrest is based on a request for provisional arrest or an INTERPOL notice, the requesting State has the period set by the treaty (40 days if there is no treaty) to submit the formal request and its documents. If it does not arrive in time, the person must be released, although they could be arrested again if the request arrives later.

It depends on the case, the appeals and the governmental stage. Passive extradition usually takes from several months to over a year. A European Arrest Warrant must be decided within 60 days of arrest, extendable by 30, or within 10 days if the person consents to surrender.

Yes, it is possible. The judge may grant provisional release with measures such as surrendering the passport or reporting regularly. Preparing the first hearing well is key.

The main ones are: the acts are not also a crime in Spain or do not reach the minimum penalty (double criminality); the offence or penalty is time-barred; the person has already been tried for the same acts; the offence is political or military; the death penalty or inhuman punishment or treatment may be imposed without guarantees; the request is based on race, religion, nationality or political opinion; the conviction was handed down in absentia without a guarantee of retrial; or the person has been recognised as a refugee. Formal defects in the request and, in some cases, humanitarian reasons or ties to Spain also count.

No. The extradition court does not try the facts or weigh evidence of guilt: that is for the courts of the requesting State. It examines whether the request complies with the law and the treaty and whether any ground for refusal applies. That is why the defence must focus on those grounds, not on an alibi.

There is no absolute bar. Several treaties signed by Spain make the surrender of nationals an option the State may or may not exercise, depending on the case. Within the European Union, a European Arrest Warrant allows their surrender with specific safeguards.

If the person has been recognised as a refugee, extradition must be refused. If they apply for international protection during the procedure, in practice the surrender is suspended until the application is decided. A politically motivated request is also a ground for refusal.

Yes. The Criminal Chamber's decision granting extradition can be appealed (recurso de súplica) to the Full Chamber within three days. An amparo appeal to the Constitutional Court is then available if fundamental rights have been violated. If the courts declare extradition admissible, the Council of Ministers can still refuse surrender; if the courts refuse it, that decision is final.

The European Arrest Warrant is used between EU Member States: it is purely judicial, faster, with a closed list of grounds for refusal and no final Government decision. Extradition applies with all other countries and combines judicial and governmental stages.

No. It is a request to police in other countries to locate and provisionally arrest a person. It can be challenged before the Commission for the Control of INTERPOL's Files.

Call the emergency number as soon as possible. Have ready their full name, date of birth, nationality, where they were arrested and, if you know it, which country is requesting them. At the first appearance before the judge it is decided whether they stay in custody or are released, so the lawyer should be involved from the start.