International cases · Romania
Wanted by Romania and arrested in Spain
Many Romanian citizens have lived in Spain for years, with work and children here. When a Romanian warrant arrives, often for an old sentence, that life in Spain is the strongest defence: it can mean serving the sentence here instead of being sent to Romania.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
Years
Residence in Spain since 2007, with three children in the person's sole care, led the National Court to refuse surrender so the sentence is served here.
Documents
Registration history, employment record and qualifications made the court condition surrender on return to Spain.
Not a crime
Possession of drugs for personal use is not a crime in Spain, and surrender for it was refused.
- Surrender granted31 91%
- With conditions1 3%
- Refused2 6%
Decisions on the merits of the National Court on requests from this country that I have reviewed (2025–2026, 34 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.
Your life in Spain is evidence
When the warrant is to enforce a sentence, the court can refuse surrender so that it is served in Spain if the person lives here. The National Court looks at real, documented roots: years of residence, registration with the town hall, employment record, children and who looks after them.
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These documents have to be gathered in days, not weeks. Families can help a lot by sending them from the start.
Double criminality
Outside the list of serious offences, the facts must also be a crime in Spain. Some conduct punished in Romania, such as possession of small amounts of drugs for personal use, is only an administrative offence in Spain, and surrender for it has been refused.
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
My partner has lived here for fifteen years and our children were born in Spain. Will he be sent to Romania?
If the warrant is to serve a sentence, he can ask to serve it in Spain, and with that background he has good arguments. If it is for a trial, he can ask that any sentence be served here afterwards.
What documents do we need?
Registration certificate with history (padrón histórico), employment record (vida laboral), rental contract or deeds, children's birth and school certificates. Photos by WhatsApp are enough to start.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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