International cases · Italy
Wanted in Italy and arrested in Spain
Italy sends Spain more European Arrest Warrants than any other country among the decisions I have reviewed, many of them to enforce final sentences. Italian proceedings often take place in the absence of the accused but with a lawyer, and that changes how the defence is approached.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
70
Decisions of the National Court on Italian warrants that I have reviewed, from 2024 to mid-2026.
1 refused
Almost all ended in surrender; the defence usually turns on the return condition and on custody.
Lawyer
A trial in absence does not stop surrender if the person knew of it and was defended by a lawyer they appointed.
- Surrender granted53 96%
- With conditions1 2%
- Refused1 2%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 55 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.
Read more−
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.
Tried in absence, but with a lawyer
Under Spanish law, a judgment given in absence does not prevent surrender if the person knew about the trial and was defended by a lawyer they had appointed, or if a new trial or review is guaranteed. In several Italian cases the National Court found that the person had given a mandate to a lawyer, or had even appealed the judgment, and ordered surrender.
Health and personal circumstances
Serious health problems can justify postponing surrender or requesting guarantees, but they must be proved with medical reports. The National Court has rejected health arguments that came without any medical documentation.
Custody or release
When the warrant is to enforce a long sentence and the person left Italy, the court tends to keep them in custody until surrender, even with family in Spain. Documented roots and a modest sentence improve the chances of release.
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 have lived in Spain for years with my family. Will that stop the surrender?
It can lead to the return condition if the warrant is for a trial, or support a transfer of the sentence to Spain if it is to enforce a judgment. It rarely stops surrender on its own.
Can I ask to serve the Italian sentence in Spain after being surrendered?
Yes, but through Italy, which has to transmit the sentence. It cannot be requested unilaterally in Spain once surrender has taken place.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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