Extradition and European Arrest Warrant (EAW) Specialist Attorney in Madrid
Specialized defense before the National Court in active and passive extradition proceedings, European arrest warrants and international criminal law.
Extradition and European arrest warrant specialist attorney in Madrid
Facing an extradition or a European Arrest Warrant can radically change your life. These are complex international judicial cooperation procedures that may involve transferring a person to another country to stand trial or serve a sentence.
Your freedom is at stake, so having an extradition attorney in Madrid specialized in international criminal law and European arrest warrants is essential.
Our law firm in Madrid represents individuals sought by other countries and appears before the National Court, which has jurisdiction over these proceedings in Spain. As extradition specialist attorneys, we handle both active and passive extraditions as well as European arrest warrants within the European Union.
Which court handles extraditions?
In Spain, extradition and European arrest warrant cases fall under the jurisdiction of:
- Central Investigating Court of the National Court: initial decisions, detention and precautionary measures.
- Criminal Chamber of the National Court: decides on approval or denial.
- Central Juvenile Court: for cases involving minors.
The Government intervenes in the final phase of passive extraditions.
What is extradition?
Extradition is the judicial process by which one State surrenders a person to another to stand trial or serve a sentence. It is based on international treaties and principles such as:
- Double criminality: the act must be a crime in both countries.
- Reciprocity.
- Specialty: only judged for the facts that motivated the request.
Spanish legal framework: international treaties and bilateral agreements, Law 4/1985 on passive extradition, art. 13.3 Constitution.
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How extradition works
- Active extradition: Spain requests surrender. The judge issues an arrest warrant, request to the Ministry of Justice, sent through diplomatic channels.
- Passive extradition: Another country requests Spain to surrender a person. The Ministry of Justice receives the request, passes it to the Central Investigating Court for precautionary measures, and the National Court holds a hearing to decide.
The Government has the final say in passive extraditions. Also consult detailed information about extradition in Spain and how to successfully oppose an extradition.
Countries with extradition treaties with Spain
Spain maintains bilateral extradition agreements with numerous countries, including the United States, Mexico, Colombia, Argentina, Brazil, Morocco, Australia and most of Latin America. Furthermore, within the European Union, the European arrest warrant replaces the classic extradition procedure. Each treaty establishes specific conditions regarding covered crimes, deadlines and procedural guarantees, making it essential to have an expert attorney in international criminal law who knows the applicable agreement for each case.
Extradition of minors
The extradition of minors follows a special protection regime. In Spain, these cases fall under the jurisdiction of the Central Juvenile Court of the National Court. The best interests of the child prevail throughout the procedure, and reinforced guarantees are applied in accordance with the Convention on the Rights of the Child. An extradition attorney with experience in these cases can invoke additional grounds for denial based on child protection.
What is the European arrest warrant?
The European Arrest Warrant (EAW), commonly called euroorden, is a simplified judicial mechanism that replaces extradition between EU Member States.
Key characteristics:
- Rapid surrender between EU States.
- Regulated by Law 23/2014 in Spain.
- Applies to serious crimes: terrorism, money laundering, drug trafficking, organized crime.
Issuance of the European arrest warrant
Requirements: arrest warrant or final judgment, crime with minimum sentence of 12 months (prosecution) or 4 months pending sentence (execution).
Reception and processing in Spain
The Central Investigating Court verifies validity, police locate and arrest, and the detained person appears before the judge within a maximum of 24 hours.
Hearing of the requested person
They are informed of the reasons and rights, and asked if they consent to surrender. Deadlines: 10 days if they consent, 60 days if not (extendable by 30 more).
Final surrender decision
The National Court holds a hearing. Grounds for refusal: violation of fundamental rights, act not criminalized in Spain, risk of inhuman treatment.
How can an extradition specialist attorney help you?
An expert attorney in extraditions and European arrest warrants is essential to protect your rights. Their knowledge of international and European criminal law allows them to analyze the legality of the request, identify grounds for denial (double criminality, non bis in idem, human rights), and represent you before the National Court and foreign judicial authorities.
Our firm works on international extradition and European arrest warrant cases, offering personalized strategic defense.
What to do if you are arrested for an extradition order or European arrest warrant?
If you are arrested in Spain for an extradition request or a European arrest warrant, you have rights that you must exercise from the first moment:
- Do not make statements without an attorney. You have the right to remain silent and to immediate legal assistance.
- Request an extradition specialist attorney. Not every criminal defense attorney masters international criminal law; the defense requires specific knowledge of applicable treaties and agreements.
- Appearance within 24 hours. You will be brought before the Central Investigating Court of the National Court, where precautionary measures will be decided.
- Demand review of the request. Your attorney must verify that all formal requirements are met and that there are no grounds for denial.
Acting quickly and with an experienced extradition attorney before the National Court can make the difference between surrender and denial.
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If you or a family member are being sought by another country, taking immediate action with specialized legal advice is essential.
We will analyze your situation, review the case documentation and design the appropriate defense strategy.
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Articles and resources on extraditions, European arrest warrants and international criminal law.
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