International cases · Morocco
Wanted in Morocco and arrested in Spain
Morocco is one of the countries that most often asks Spain to extradite people, for drug trafficking, migrant smuggling, fraud and violent offences. The procedure follows the extradition convention between Spain and Morocco of 2009 and the Spanish Extradition Law. A significant number of these requests are refused, and the reason is almost always the same.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
70
Decisions of the National Court on Moroccan requests that I have reviewed, from mid-2025 to mid-2026.
1 in 4
Roughly one in four decisions on the merits refused extradition, a much higher rate than for EU or UK requests.
The facts
Most refusals were because the request did not say clearly what the person did, when and where.
- Surrender granted40 67%
- With conditions6 10%
- Refused14 23%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 60 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.
The most frequent defence: a vague request
The convention requires the request to set out the facts with precision: dates, places and what exactly the person is said to have done. Without that, the Spanish court cannot check that the facts are a crime in Spain, and extradition must be refused. The National Court has refused many Moroccan requests for this reason, including when Morocco did not answer a request for additional information.
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Minor errors, such as a wrong date in an otherwise clear account, do not invalidate a request. What fails is a generic accusation, often based only on what a co-accused said.
Spanish nationality
The convention does not allow Spain to extradite its own nationals, but the court looks at the date: the person must have been Spanish when the facts took place. Nationality obtained afterwards does not prevent extradition. Even when extradition is still being decided, documented Spanish nationality and roots can justify release instead of custody.
Other grounds for refusal
Extradition is refused if the person has already been tried in Spain for the same facts, if the offence is time-barred under Spanish law, or if the facts are not a crime in Spain. A business dispute presented as fraud, for example, is not extraditable if Spanish law would see it as a breach of contract.
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If there is a risk of a life sentence, surrender is conditional on Morocco guaranteeing a limited term. If an asylum application is pending, the court can approve extradition but the actual handover waits until it is resolved.
Serving a sentence in the home country
Spain and Morocco have a separate convention of 1997 on assistance to detained persons and transfer of sentenced persons. A person convicted in one country can ask to serve the sentence in the other, with the agreement of both states.
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
What should the family do first?
Get the request and the court documents to the lawyer as soon as possible. Whether the request describes the facts precisely is checked in the first days, and it can decide the case.
My relative has Spanish and Moroccan nationality. Is he protected?
Only if he was already Spanish when the facts are said to have happened. The date of acquiring nationality must be proved with documents.
Can I travel to Morocco to sort it out there instead?
Get advice first. Once in Morocco, the Spanish guarantees no longer apply. In some cases it is better to defend the case from Spain; in others, a lawyer in Morocco is needed as well.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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