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Extradition lawyer: extradition from Spain to Morocco

If Morocco is seeking your surrender and you have been arrested in Spain, or you have been told that there is an arrest warrant or an Interpol notice against you, the proceedings are decided in Madrid, before the Audiencia Nacional (Spain's National High Court). The convention with Morocco has its own rules on nationality, the death penalty and time limits which do not fully match general Spanish law, and they should be taken into account from the first hearing. We speak English. Call +34 91 521 29 49 or, outside office hours, +34 626 07 14 65 (24-hour emergencies and WhatsApp). You can call us with no obligation.

Call: +34 91 521 29 4924-h emergencies: +34 626 07 14 65

C/ Conde de Xiquena 5, 28004 Madrid, Spain · since 1982

The extradition convention between Spain and Morocco

The applicable instrument is the Extradition Convention between the Kingdom of Spain and the Kingdom of Morocco done at Rabat on 24 June 2009 (BOE (Spain's Official State Gazette) No. 238, of 2 October 2009), provisionally applied since its signature and in force since 1 September 2012 (BOE No. 209, of 31 August 2012). A correction of errors was published in BOE No. 53, of 2 March 2012. It replaces the convention of 30 May 1997. On matters it does not regulate, Ley 4/1985 on Passive Extradition (Spain's Passive Extradition Act) applies.

Key points:

  • Offences: if extradition is requested for prosecution, acts punishable in both countries by at least two years' imprisonment; if requested to serve a sentence, a sentence imposed of at least six months (art. 2). If the conviction was in absentia, Morocco must undertake to hold a new trial in the presence of both parties.
  • Nationals: neither State surrenders its own nationals. This is a mandatory ground for refusal, and nationality is assessed at the time the offence was committed (art. 3). If the person is not surrendered, the requested State undertakes to try its national if it has jurisdiction and the other State so requests.
  • Death penalty or life imprisonment: if Moroccan law provides for the death penalty or life imprisonment for the acts, that penalty is replaced, by mandate of the convention itself, with the penalty provided for under Spanish law for the same acts (art. 7).
  • Limitation periods: extradition is refused if the action or the penalty is time-barred under the law of either State at the time the request is received (art. 5).
  • Provisional arrest: it may be brought to an end if the formal request and its supporting documents have not been received within 40 days of the arrest (art. 15).
  • Channel of transmission: the formal request is sent through diplomatic channels (art. 12). An urgent request for arrest may be sent directly, through Interpol or by any written means, and is confirmed through diplomatic channels (art. 15). Documents are in the language of the requesting State, with a translation into Spanish or French (art. 23).
  • Speciality: the person surrendered cannot be tried for different earlier acts without Spain's consent, unless they remain in Morocco for more than 30 days after their final release while free to leave, or return (art. 19).

How the procedure works

  1. Arrest and appearance, within 24 hours, before the Sección de Instrucción del Tribunal Central de Instancia (the central investigating court) in Madrid, which decides on remand in custody or release subject to conditions.
  2. Formal request from Morocco within 40 days, with the arrest warrant or the judgment, the statement of facts and the legal texts (art. 12).
  3. Government phase before the Ministerio de Justicia (Ministry of Justice) and the Government.
  4. Hearing with a lawyer and an interpreter. The convention allows a simplified procedure: if the person expressly agrees to be extradited, they may be surrendered on the basis of the request for provisional arrest alone (art. 13 bis).
  5. Hearing before the Sala de lo Penal (Criminal Division) of the Audiencia Nacional and a recurso de súplica (appeal for reconsideration) before the full court (Pleno).
  6. Decision by the Government, if the court declares extradition admissible. Once it is granted, Morocco must collect the person within 45 days of the date set; otherwise, the person is released and cannot be sought again for the same acts (art. 13).

Grounds for opposing extradition to Morocco

  • Spanish nationality at the date of the acts (art. 3). This is the first point we review for people of Moroccan origin with Spanish nationality.
  • Acts committed in Spain: the convention requires extradition to be refused if the acts were committed on Spanish territory (art. 6).
  • Res judicata in Spain (art. 8.a), amnesty or pardon under the conditions of art. 8.c, or acts committed outside Morocco by a non-Moroccan where Spanish law would not allow them to be prosecuted (art. 8.b).
  • Limitation periods under Spanish or Moroccan law (art. 5).
  • Minimum penalty of two years and double criminality.
  • Pending proceedings in Spain for the same acts, or trial in a third State (art. 10, discretionary).
  • Political or related offence (art. 4); the convention excludes terrorism and attacks on the Head of State or members of his family. Persecution on grounds of race, religion, nationality or political opinion may be argued on the basis of Ley 4/1985 (art. 5.1.º).
  • Military offences (art. 9) and tax, customs or exchange-control offences, which only give rise to extradition if both countries have so agreed by exchange of letters for that category of offences (art. 11).
  • Conviction in absentia without an undertaking to hold a new trial (art. 2.4).
  • 40-day time limit for the formal request.
  • Health: surrender may be postponed if the journey would endanger the person's life or could seriously worsen their health (art. 22 bis, as worded in the 2012 correction).

What to do if you are arrested

  • Ask for a lawyer you trust and do not make any statement on the merits.
  • Gather your Spanish nationality documents with their dates (decision, oath, entry in the Registro Civil (Civil Registry)): with Morocco, the date matters.
  • Do not agree to surrender under the simplified procedure without legal advice.
  • Provide evidence of your ties to Spain in order to seek release.

Our experience

We have won extradition cases requested by the United States, Mexico, Brazil, Venezuela, China, Morocco and Algeria, among other countries. Out of discretion towards our clients, we do not publish most of them.

Jaime Sanz de Bremond has been a criminal lawyer since 1978 and has headed the firm, in Madrid, since 1982. More information on our extradition lawyer in Spain page.

Frequently asked questions

I am of Moroccan origin and have Spanish nationality. Can I be surrendered to Morocco?

The convention prohibits the surrender of nationals of the requested State, but it assesses nationality on the date on which the offence was committed. If you were already Spanish at that time, extradition must be refused. If you acquired nationality afterwards, the case needs to be examined.

Morocco has the death penalty. Am I at risk of it if I am surrendered?

The convention provides that, if Moroccan law provides for the death penalty or life imprisonment for those acts, it is replaced with the penalty provided for under Spanish law for the same acts (art. 7).

How long does Morocco have to formally request my extradition?

40 days from the arrest. If the request and its documents do not arrive, provisional arrest may be brought to an end, although the person could be arrested again if the request arrives later.

The acts took place in Spain. Can Morocco seek my extradition?

The convention requires extradition to be refused if the acts for which it is requested were committed in the requested State, in this case Spain (art. 6).

I was convicted in Morocco without being present. Can I be extradited?

Only if Morocco undertakes to give you a new trial in the presence of both parties (art. 2.4).

Speak to an extradition lawyer today

You can call us with no obligation. If someone has been arrested, call at any time on +34 626 07 14 65 (WhatsApp too). We speak English.

Call: +34 91 521 29 49Tell us about your case

Official sources