International cases · France
Wanted in France and arrested in Spain
France and Spain share a border, a language area for many families, and a constant flow of European Arrest Warrants in both directions. Many French warrants concern people convicted in their absence. That is where the defence most often starts.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
69
Decisions of the National Court on French warrants that I have reviewed, from 2024 to mid-2026.
In absence
A large share concerned judgments given in absence. Surrender went ahead when France guaranteed a new trial or an appeal.
Return
For Spanish nationals wanted for trial, the court added the condition of return to Spain to serve any sentence.
- Surrender granted51 91%
- With conditions5 9%
- Refused0 0%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 56 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.
How a European Arrest Warrant works in Spain
Within the EU, surrender is decided by judges only, without a Government stage, and quickly. After the arrest you appear before the Central Investigating Court in Madrid within 72 hours, with a lawyer and an interpreter. If you consent, the decision comes within days; if you oppose, there is a hearing and the court decides within sixty days of the arrest, extendable by thirty.
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For a list of serious offences punishable by at least three years in the issuing country (drug trafficking, organised crime, fraud, robbery with violence, among others), surrender is ordered without checking whether the facts are a crime in Spain. For anything else, double criminality is checked.
Convicted in France without being there
If the warrant is to enforce a judgment given in your absence, surrender can be refused unless France guarantees that you will be notified in person and will have the right to a new trial or an appeal where you can be present. In the decisions reviewed, France usually gave that guarantee and surrender went ahead. The defence has to check whether the guarantee is real and complete, not just a box ticked on the form.
Spanish nationals and residents
When the warrant is for a trial and the person is Spanish, the National Court has made surrender conditional on return to Spain to serve any sentence. For residents, the court requires real and lasting integration in Spain; short or poorly documented residence has not been enough.
A case pending in Spain
If you have a criminal case pending in Spain, surrender can be postponed until it is resolved, or you can be surrendered temporarily and brought back. Postponement is a choice of the court, not an obligation, and it depends on whether you are in custody in the Spanish case.
Custody or release
With documented roots, the court has accepted alternatives to custody such as appearing every fifteen days. Without them, or after a previous escape from French justice, custody is the usual outcome.
Serving the sentence in Spain
Between EU countries, a sentence can be transferred to the country where the person lives under Framework Decision 2008/909, applied in Spain by Law 23/2014. If you are Spanish or live in Spain and are wanted for trial, the return condition is the simplest way to secure it. If you have already been surrendered, the request has to be made through the issuing country; the National Court has refused to recognise a foreign sentence unilaterally after a completed surrender.
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 never knew there was a trial in France. Can I stop the surrender?
It is the strongest argument in many French cases, but the outcome depends on what France guarantees. If a new trial with your presence is guaranteed, surrender usually goes ahead and the defence continues in France.
The form is vague about what I did. Is that enough to refuse?
Usually the Spanish court first asks France for more information. A vague form is a defect that can be corrected, not an automatic refusal.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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