Interpol Detention & Extradition Process in Spain – Legal Help

Receiving an Interpol red notice or learning that a loved one is being sought by another country is an extremely distressing situation.

According to the Annual Report of the General Council of the Judiciary published in 2024, during 2023 Spain recorded 196 passive extradition proceedings, representing an increase of more than 21% compared to the previous year. Additionally, 134 judicial rulings were issued by the National Court, the competent body for these matters. These figures show that international judicial cooperation is a frequent and growing reality in our country.

Understanding how the extradition procedure works in Spain can make the difference between reacting with fear or acting with a well-planned legal strategy.

How the extradition procedure works in Spain step by step.

The passive extradition procedure refers to the surrender of a person located in Spanish territory to another State that seeks them for having committed a crime. This surrender is governed by Law 4/1985, of March 21, on Passive Extradition, together with international treaties signed by Spain.

The main phases are described below

Judicial phase before the National Court

Once the Government agrees to proceed with the procedure, the file is sent to the Central Investigating Court. Here begins the judicial phase, which is divided into two stages:

Preliminary investigation

The Central Investigating Court summons the requested person for a hearing in which they are informed of the extradition request. This proceeding must be held with mandatory presence of defense counsel and interpreter, if necessary. The requested person may voluntarily accept their surrender, which considerably simplifies and shortens the process, or oppose the extradition, thus initiating the full procedure.

In case of opposition, the judge adopts precautionary measures (provisional detention or alternative measures such as passport withdrawal or periodic appearances) and refers the case to the Criminal Division of the National Court.

Hearing before the Criminal Division

The file is delivered to the Court Clerk, who makes it available to the defense and the Public Prosecutor for a period of 3 days each. If deemed necessary, the Court may request additional information from the requesting State. The extradition deadlines at the National Court are very brief, requiring an attorney expert in extraditions who thoroughly masters the procedure.

Once this procedure is completed, a public hearing is held (equivalent to an oral trial but without determining guilt) in which the prosecutor, defense attorney, the requested person participate

What can happen during the extradition procedure?

The extradition procedure is not just a bureaucratic process: it has vital and legal consequences of great impact.

Consequences of the extradition procedure

Deprivation of liberty

The requested person may remain in provisional detention throughout the entire process. If effective defense measures are not adopted from the beginning, this situation may be unduly prolonged.

Acceleration of trial in the requesting country

Extradition, if granted, allows the requested person to be tried in another country, generally with different procedural and penitentiary systems. In some cases, this implies risks to safety, fundamental rights and detention conditions.

Effect on family and environment

Extradition has a high emotional and economic impact on the family. Often, the family environment does not have information or resources to react effectively, making it crucial to have specialized legal counsel.

Loss of roots and immigration consequences

Being surrendered to another State can have serious consequences on residence permits, nationality or administrative status of the requested person in Spain, even if they are later acquitted or serve their sentence.

What to do if