International cases · Germany
Wanted in Germany and arrested in Spain
Germany is one of the countries that sends Spain the most European Arrest Warrants. Most end in surrender, because between EU countries the system is built on mutual trust. The defence works on the margins the law leaves: the return condition, double criminality, the description of the facts and release while the case is decided.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
67
Decisions of the National Court on German warrants that I have reviewed, from 2024 to mid-2026.
Mostly surrender
Surrender was agreed in the large majority; the real debate is usually on conditions and custody.
Since 2007
In one case, documented residence in Spain since 2007 led the appeal court to add the return condition the first judge had refused.
- Surrender granted56 97%
- With conditions2 3%
- Refused0 0%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 58 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.
Living in Spain: the return condition
If you are Spanish or have stable residence in Spain and the warrant is for a trial, the court can make surrender conditional on you being returned to Spain to serve any prison sentence. The residence has to be proved: registration, work, home, family, years. In one decision the National Court corrected the first instance and imposed the condition precisely because the person had documented residence in Spain since 2007.
Double criminality outside the list
When the offence is not on the list, the facts must be a crime in Spain. The National Court has refused surrender for wearing a motorcycle club vest with insignia banned in Germany, because that conduct is not a crime under Spanish law.
Custody or release
Custody is the rule when there is no registered address or roots in Spain and the penalty is high. With documented roots, release with conditions (passport surrender, regular appearances) is possible while the court decides.
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
Can the Spanish court look at whether I am guilty?
No. Guilt is for the German courts. The Spanish court checks the legal requirements, the grounds for refusal and the conditions.
How long until I am handed over?
Once surrender is final, it must take place within ten days, extendable in some situations. The time limit runs from when the decision is final, not from the first hearing.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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