International cases · Poland
Wanted by Poland and arrested in Spain
Poland is one of the countries that issues the most European Arrest Warrants executed in Spain, many of them for drug offences and old sentences. For people who have built their life here, the key question is usually not whether they will be surrendered, but whether they can serve the sentence in Spain.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
Drugs
Drug offences are the most frequent reason in the Polish warrants I have reviewed.
Roots
Proven residence in Spain has led to refusals and to surrender on condition of return.
Papers
Without town hall registration or proof of years in Spain, residence arguments fail.
- Surrender granted35 83%
- With conditions4 10%
- Refused3 7%
Decisions on the merits of the National Court on requests from this country that I have reviewed (2024–2026, 42 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.
Serving the sentence in Spain
When the warrant is to enforce a sentence and the person lives in Spain, the court can refuse surrender so that the sentence is served here, or make surrender conditional on return. The National Court has annulled a decision because the judge did not even examine the person's roots in Spain.
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The opposite also happens: when police reports placed the person in Spain only for a few months and without town hall registration, residence was not accepted. Registration history, employment record, rental contracts and children's schooling are the evidence that works.
Judgments in absence and old cases
Several Polish warrants concern judgments given years ago in proceedings the person did not attend or was not personally notified of. In those cases surrender can be made conditional on a new trial or an appeal with full guarantees.
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If part of the facts was already tried in Spain, surrender is refused for that part, but not for different facts: the National Court examines each fact separately.
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. Will they send me to Poland?
If the warrant is to serve a sentence and you prove real roots in Spain, you can ask to serve it here. It has to be raised at the first hearing and documented quickly.
The sentence is from many years ago and I never knew about the trial. What can I do?
It depends on how you were summoned and whether you had a lawyer. Surrender can be conditional on a new trial, and sometimes the sentence can no longer be enforced. I review the documents sent by Poland.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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