International cases
What happens at the hearing in Madrid, step by step
Whether the arrest takes place in Málaga, Tenerife or Barcelona, the case goes to the National Court in Madrid. The first days decide a lot: whether the person consents or opposes, whether they stay in custody, and which defences are raised. This is the order in which things happen.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
The essentials
72 h
Maximum time for a person arrested on a European Arrest Warrant to be brought before the Central Investigating Judge in Madrid.
3 days
If the person does not consent to surrender, the hearing on the grounds for refusal takes place within three days of the consent hearing.
Two judges
The Central Investigating Court handles the European Arrest Warrant; in extradition, the decision belongs to the Criminal Division of the National Court.
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: the steps
Arrest and first appearance
The person is brought before the Central Investigating Judge within 72 hours of the arrest, often by videolink, and is told what the warrant says and what rights they have.
Consent hearing
CriticalWith the prosecutor, a lawyer and an interpreter, the person says whether they consent to surrender, whether they renounce the speciality rule and, if they are Spanish or live in Spain, whether they ask to serve any sentence here.
Custody or release
The judge decides whether the person waits in custody or free with conditions such as reporting to a court, surrendering the passport or bail. This decision can be appealed.
Hearing if there is no consent
Within three days the hearing takes place. Evidence on the grounds for refusal or for conditional surrender can be presented, and the defence can ask the court to obtain documents from the other country.
Decision and appeal
The court decides by reasoned order. It can be appealed to the Criminal Division of the National Court; the appeal does not stop surrender automatically, so suspension has to be requested.
Extradition to a country outside the EU: the steps
The person is brought before the Central Investigating Judge within 24 hours. If the arrest was urgent, the other country has 40 days to send the formal request, unless the treaty sets another period. The Government then decides whether the case continues before the courts.
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The judge hears the person, with a lawyer and an interpreter, on whether they consent or oppose. If they oppose, the file goes to the Criminal Division of the National Court: the prosecutor and the defence have three days each to study it, and the hearing takes place within the following fifteen days. Only evidence on the conditions required by the treaty or the law is admitted. The court decides within three days, and its order can be challenged before the full Criminal Division.
If the court refuses extradition, that is final. If it approves it, the Government still has the last word and can refuse for reasons of reciprocity, security or public order.
What to prepare for the first hearing
Proof of identity and nationality, documents showing residence and work in Spain (rental contract or deeds, payslips, registration with the town hall), children's birth certificates and school records, and any document showing that the case abroad was closed, judged or is very old. Photos sent by WhatsApp are enough to start; I ask for originals later.
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Nothing should be said about the facts at the first hearing without having read the warrant or the request with a lawyer. What matters there is consent, custody and the defences that have to be announced in time.
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 family attend the hearing?
It depends on the type of hearing and on the court. Often the most useful thing the family can do is gather documents on residence, work and children, because they decide custody and the possible conditions.
Does my relative have to travel to Madrid?
Many appearances are held by videolink from the place of arrest or the prison. If the person is in custody, the transfer is organised by the authorities.
How long does the whole procedure take?
Under a European Arrest Warrant the final decision should come within 60 days of arrest if the person opposes, extendable by 30, and within 10 days if they consent. Extradition outside the EU usually takes several months because of the Government phases.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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