Urgent · international cases
Another country wants you handed over from Spain
If you have been arrested in Spain because another country is looking for you, the case is heard in Madrid, before the Central Investigating Courts of the National Court, whatever the city of the arrest. The procedure is fast and the time limits are short, especially under a European Arrest Warrant.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
72 h
After the arrest you are taken before the Central Investigating Court in Madrid.
10 / 60 days
Under a European Arrest Warrant: about ten days to decide if you consent, up to sixty if you oppose, extendable by thirty.
Madrid
Every European Arrest Warrant and extradition case in Spain is heard by the National Court, in Madrid.
The European Arrest Warrant, in time
- 0 h
Arrest anywhere in Spain, often at an airport, a hotel or a police check.
- 72 h
Brought before the Central Investigating Judge in Madrid, often by videolink.
- +72 h
Consent hearing: consent or oppose, speciality rule, return to Spain.
- +3 d
If you oppose, hearing on the grounds for refusal and conditions.
- 60 d
Final decision: within 10 days with consent, 60 if you oppose (plus 30).
European Arrest Warrant (EU countries)
Between EU member states the procedure is judicial and quick. After the arrest you appear before the Central Investigating Court, with a lawyer and an interpreter. You are asked whether you consent to being handed over. If you consent, the decision follows in a matter of days; if you oppose, there is a hearing and the court decides within the legal time limit.
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The court can keep you in custody or release you with conditions while it decides. Surrender can be refused or made conditional in specific cases: the same facts have already been judged, the offence is time-barred in Spain, the person is a Spanish resident who should serve the sentence here, the risk of a life sentence without review, or serious doubts about fundamental rights in the requesting country. Consenting is a serious decision: it is very hard to reverse.
Extradition (non-EU countries)
With countries outside the EU the procedure is longer and has stages in which both the courts and the Government take part. If you are arrested before the formal request arrives, the requesting country has a fixed period to send it, set by the treaty that applies: 40 days for Morocco, 80 for Brazil or Peru, for example. If the request does not arrive in time, provisional detention must end, although the person can be arrested again if the request arrives later.
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Treaties, the principle of double criminality, the nature of the offence and the guarantees offered by the requesting country all play a role. The defence is built on documents and on the law of two countries, and it needs time from the first day.
What I do
I attend the first appearance in Madrid, check the warrant and the identity, argue for release while the case is decided and prepare the opposition to surrender when there are grounds. I keep your family informed in plain language, because this procedure is confusing even for lawyers from other countries.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
I did not know there was a warrant. Why was I arrested at the airport?
Alerts are shared across EU and international police databases. An old case in another country can surface at passport control years later. It does not mean you will automatically be handed over.
Should I consent to be handed over to get it over with?
Not without advice. Consent speeds things up but is practically irrevocable and may close options such as serving a sentence in Spain. I look at the warrant and your personal situation before any decision.
Can my family in another country hire you?
Yes. They can contact me on WhatsApp, receive a written quote and pay from abroad. I coordinate with your lawyer in the requesting country when there is one.
Can I also have a lawyer in the country that issued the warrant?
Yes. EU law gives you the right to appoint a lawyer in the issuing country to assist your Spanish lawyer, and to legal aid there if you need it and meet the conditions. That colleague can find out what the case is really about, and sometimes the other country only needs to question you, which can be done by videoconference without a surrender.
Once handed over, can they prosecute me for other things?
As a rule, no. Under the speciality rule, you cannot be prosecuted or punished for offences committed before the surrender other than those in the warrant, with some exceptions set by law and unless Spain consents or you renounce it. It is worth knowing before deciding whether to consent.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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