International cases · Belgium

Wanted by Belgium and arrested in Spain

Belgian warrants executed in Spain are mostly for thefts, burglaries and drug offences, often with several people involved. Surrender is granted in most cases, so the defence focuses on the conditions: above all, coming back to Spain to serve any sentence.

Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198

What the decisions show

Thefts

Property offences are the most frequent reason in the Belgian warrants I have reviewed.

Return

Surrender on condition of return to Spain to serve the sentence is the most common condition.

List

Many offences are in the list where double criminality is not checked.

What the National Court decided
  • Surrender granted31 94%
  • With conditions2 6%
  • Refused0 0%

Decisions on the merits of the National Court on requests from this country that I have reviewed (2025–2026, 33 decisions). One case can produce more than one decision. Conditions, such as returning to Spain to serve the sentence or guarantees on prison conditions, are usually obtained by the defence.

Where the defence can make a difference

Belgian warrants are usually well documented and the offences are often in the list of 32 categories in which the court does not check whether the facts are a crime in Spain. Arguments against the warrant itself rarely succeed. What does succeed is the return condition for people who live in Spain, and checking that the facts attributed to each person are really described.

Read more

For organised crime or money laundering cases, the National Court has made surrender conditional on return when the person proved stable ties with Spain.

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

Is it worth opposing the surrender?

Sometimes the best strategy is not to fight the surrender but to secure the return to Spain and good conditions in custody. That depends on the warrant and on your life in Spain, and has to be decided before the consent hearing.

Can I wait for the Belgian trial in Spain?

The warrant is for you to be present in Belgium, so usually not. But time in custody in Spain is deducted, and if the trial ends in a prison sentence you can ask to serve it here.

Is it urgent?

Call me on 688 884 488. I answer the phone myself, at any hour.

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