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Extradition Lawyer in Spain

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If you or a relative has been arrested in Spain because another country is requesting their surrender, the case is decided in Madrid, before the Audiencia Nacional (Spain’s National High Court), and the time limits start running from day one. Jaime Sanz de Bremond has practised criminal law since 1978 and has spent decades appearing before the Audiencia Nacional, for both the defence and the prosecution. Call +34 91 521 29 49 or, for 24-hour emergencies and WhatsApp, +34 626 07 14 65. Contact us in English.

Sanz de Bremond Abogados · since 1982 · Madrid and all of Spain

How extradition works in Spain

Extradition is the surrender of a person by one State to another so that they can be tried or serve a sentence. There are two types:

  • Passive extradition: another country asks Spain to surrender someone who is in Spain. It is governed by Ley 4/1985 on Passive Extradition, except where the treaties signed by Spain provide otherwise (art. 1). This is the situation this page deals with.
  • Active extradition: Spain asks another country to surrender a person. It is regulated by the Ley de Enjuiciamiento Criminal (Spanish Code of Criminal Procedure, arts. 824 to 833).

The Spanish Constitution sets the framework: extradition is granted only under a treaty or the law, in accordance with the principle of reciprocity, and political offences are excluded (art. 13.3 CE). Treaties apply first: the European Convention on Extradition of 1957 and the bilateral treaties Spain has signed with countries such as the United States, Mexico, Brazil, Venezuela, China, Morocco or Algeria. Ley 4/1985 applies to anything a treaty does not cover, or when there is no treaty with the requesting country.

Why every extradition is decided in Madrid

It makes no difference whether the arrest happened in Murcia, Málaga, Barcelona or at Madrid-Barajas airport. The law gives the Criminal Chamber (Sala de lo Penal) of the Audiencia Nacional jurisdiction over passive extradition proceedings «whatever the place of residence or where the arrest took place» (art. 65.4 LOPJ, the Organic Law of the Judiciary). The initial stage is handled by the Investigation Section of the Tribunal Central de Instancia (Central Court of First Instance), also in Madrid (art. 95 LOPJ), which replaced the former Juzgados Centrales de Instrucción on 31 December 2025.

When extradition can be granted

The facts must be an offence in both countries (double criminality) and carry a penalty of at least one year’s imprisonment. If extradition is sought to enforce a sentence, the sentence must be at least four months. If the person was convicted in absentia, surrender requires guarantees of a new trial with the person present (art. 2).

Phases and time limits

Stage What happens Time limit
1. Arrest The police arrest the person, usually on an urgent request or an Interpol notice, and bring them before the duty investigating judge of the Tribunal Central de Instancia (Investigation Section), who decides on provisional detention or release with measures. If the arrest is outside Madrid, the judge decides whether the appearance is held by videoconference or the person is transferred to Madrid. Within 24 hours (art. 8.2)
2. Formal request The requesting country sends the request with the judgment or arrest warrant, the legal provisions and an official translation (art. 7). If it does not arrive in time, provisional detention is lifted. 40 days from the provisional arrest; extended by a further 40 days if the request arrives in time (arts. 8.2 and 10)
3. Government phase The Ministry of Justice proposes, and the Government (Council of Ministers) decides, whether the case continues through the courts (art. 9). 8 days + 15 days (art. 9.3 and 9.4)
4. Court appearance Before the judge, with a lawyer and, if needed, an interpreter. The person is asked whether they consent to surrender or oppose it. The judge rules on their situation (custody or release) and sends the case to the Chamber (art. 12). Decision within 24 hours
5. Hearing The prosecutor and the defence have three consecutive days to examine the file (art. 13.1). The hearing before the Criminal Chamber of the Audiencia Nacional is then set. The requested person gives evidence, and only evidence on the conditions required by the treaty or the law is admitted (art. 14). Within the following 15 days (art. 14.1)
6. Ruling Decision (auto) declaring extradition admissible or not. 3 days after the hearing (art. 15.1)
7. Appeal Recurso de súplica before the full Criminal Chamber (Pleno de la Sala de lo Penal). It is the only appeal against the ruling; no judge who signed the ruling may act as rapporteur (art. 15.2). After the ruling
8. Government decision If the court refuses extradition by a final decision, that is definitive and the person is released. If it declares extradition admissible, the Government may still refuse it on grounds of reciprocity, security, public order or other essential interests of Spain. No appeal lies against the Government’s decision (arts. 6, 17 and 18). No fixed time limit
9. Surrender Spanish officers hand the person over to the requesting country. If the person is not collected, they may be released after 15 days and must be released after 30 (art. 19). Date set

A person who consents to surrender, where there are no legal obstacles, can be handed over without a hearing before the Chamber (art. 12.2). It is faster, but it means giving up your defence in Spain. Do not consent without first speaking to a lawyer.

Once surrendered, the person can only be tried or punished for the facts for which extradition was granted (the speciality principle). To try them for other earlier facts, or to hand them on to a third country, the receiving State needs fresh authorisation from Spain. This protection is lost if, being free to leave, the person stays in that country for more than 45 days or returns to it (art. 21).

Grounds to oppose extradition

The law requires extradition to be refused, among other cases (arts. 3 and 4):

  • if the requested person is a Spanish national, or if the offence falls to be tried by the Spanish courts (art. 3.1);
  • for political offences; terrorism, genocide and attacks on a head of State do not count as such (art. 4.1);
  • for military offences, offences committed through the media in the exercise of freedom of expression, or offences that can only be prosecuted on the victim’s complaint (with exceptions) (art. 4.2);
  • if the person would be tried by an exceptional (special) court (art. 4.3);
  • if criminal liability has been extinguished, for example by the statute of limitations, under Spanish law or the law of the requesting country (art. 4.4);
  • if the person has already been tried in Spain for the same facts, or is being tried (art. 4.5);
  • if there are no guarantees that the death penalty, corporal punishment or inhuman or degrading treatment will not be applied (art. 4.6);
  • if the person has been granted asylum (art. 4.8).

Extradition may also be refused if there are well-founded reasons to believe the request is really aimed at persecuting someone because of their race, religion, nationality or political opinions, or where the person is under 18, habitually resident in Spain, and their rehabilitation could be harmed (art. 5).

Even when the court authorises extradition, the Government still has the last word and may refuse it (art. 6).

Extradition vs European Arrest Warrant

If the request comes from another Member State of the European Union, extradition does not apply. Instead, the European Arrest Warrant (orden europea de detención y entrega, OEDE) is used, regulated by Ley 23/2014. It is faster, double criminality is not checked for many offences, and the Government plays no part: the judge alone decides.

Extradition European Arrest Warrant
Between Spain and countries outside the EU EU Member States
Who decides The court and the Government The judge alone
Double criminality Always required Not required for a list of 32 categories of serious offences (art. 47.1)
Spanish nationals Spain does not surrender its nationals, subject to what a treaty may provide Spanish nationals are surrendered, with guarantees that they can serve the sentence in Spain
Law Ley 4/1985 and treaties Ley 23/2014
Duration Months 60 days from arrest if the person does not consent, extendable by 30 (art. 54)

What to do if you or a relative is arrested

  1. Do not consent to surrender without legal advice. The judge will ask whether you consent or oppose. If you consent and there are no legal obstacles, the judge can order extradition there and then (art. 12.2), and you give up your defence in Spain.
  2. Insist on a lawyer and an interpreter. The appearance before the judge must take place with both (art. 12.1). You can appoint a lawyer of your choice instead of the duty lawyer. Do not make statements about the substance of the case before speaking to them.
  3. Gather evidence of your roots in Spain: home address, employment contract, family in Spain. This is the basis for asking for release with measures instead of provisional detention.
  4. Check the grounds for refusal: statute of limitations, political motivation, risk of the death penalty or inhuman treatment, conviction in absentia, Spanish nationality, asylum, or proceedings already under way in Spain.
  5. Act from day one. The time limits are short (24 hours, 40 days, 3 days to rule after the hearing), and anything not argued in time is very hard to recover.

Extradition by country

Each country has its own treaty with Spain, with its own requirements and grounds to refuse. We explain them on these pages:

Our experience

The firm handles extradition cases before the Audiencia Nacional on a regular basis. We have won extraditions requested by the United States, Mexico, Brazil, Venezuela, China, Morocco and Algeria, among other countries. Most of these cases are not made public, out of discretion towards our clients.

One public case: we took part in the defence of Komi Koutché, former Minister of Economy and Finance of Benin, whose extradition the Audiencia Nacional refused in 2019. Spain has no extradition treaty with Benin.

Jaime Sanz de Bremond has been a member of the Madrid Bar (Ilustre Colegio de Abogados de Madrid, ICAM) since 1978 and founded the firm in 1982. Our office is at C/ Conde de Xiquena 5, 2º, 28004 Madrid, a few minutes from the Audiencia Nacional.

Frequently asked questions

Can Spain extradite a Spanish national?

No. Ley 4/1985 on Passive Extradition prohibits the extradition of Spanish nationals (art. 3.1), subject to what a treaty may provide. Nationality is assessed at the time the court decides, and it does not count if it was acquired in order to avoid surrender. If extradition is refused on this ground, the requesting country may ask for the facts to be tried in Spain (art. 3.2). Within the European Union the rules are different: Spanish nationals can be surrendered under a European Arrest Warrant.

I was arrested outside Madrid. Do I need a local lawyer?

The case is always decided in Madrid: the Criminal Chamber of the Audiencia Nacional rules on every passive extradition, wherever the arrest took place or the person lives (art. 65.4 LOPJ). What matters is that your lawyer knows the Audiencia Nacional. We handle cases from all over Spain from our office in Madrid.

How long does extradition take?

It depends on the case and the country, and above all on whether the person consents and how far the decision is appealed. A consented extradition can be resolved in a few weeks. A contested one usually takes several months and can exceed a year if there is an appeal to the full Chamber and then an amparo appeal before the Constitutional Court. We cannot give you a fixed figure without seeing the file.

Can I be released while the extradition is decided?

Yes, it is possible. The judge can grant release with measures to prevent flight: reporting periodically to the court, surrendering your passport, not leaving a place without permission, surveillance at home or bail (art. 8.3). To request it you need to show roots in Spain: a home, a job and family.

What if Spain has no extradition treaty with the country requesting me?

Extradition is still possible, but only on the basis of the principle of reciprocity: Spain surrenders a person if that country would also surrender someone to Spain in an equivalent case (art. 13.3 of the Spanish Constitution and art. 1 of Ley 4/1985). The Government may require the requesting country to guarantee reciprocity. Checking whether a treaty exists, and what it says, is one of the first tasks of the defence.

Can the Spanish Government refuse extradition even if the court approves it?

Yes. A decision of the Audiencia Nacional declaring extradition admissible does not bind the Government, which may refuse it on grounds of reciprocity, security, public order or other essential interests of Spain (art. 6). It does not work the other way round: if the court refuses extradition by a final decision, the Government cannot grant it.

Speak to an extradition lawyer today

In an extradition case the first hours count: the position you take at the first court appearance and the application for release are decided almost immediately. Tell us about your case, or your relative’s, in confidence. You can call us with no obligation. Contact us in English.