Have you ever wondered what extradition is and how it is carried out in Spain? This judicial process allows a country to request the surrender of a person accused or convicted of a crime in its territory, but who is located in another country. In Spain, extradition is making headlines due to several high-profile cases, especially those related to the political sphere.
Below, I will explain what extraditions consist of in our country, the types that exist —active and passive— and the steps followed in each procedure. Within the European Union, there is a faster and more direct procedure between member countries that replaces traditional extradition, this mechanism is called the European Arrest Warrant (EAW) or «Euroorder».
What is extradition and when does it apply?
Extradition is a legal procedure that allows a country to claim a person accused or convicted of a crime in another country. This process seeks to ensure that those responsible face justice, but it is also full of legal nuances that protect your fundamental rights. This procedure is based on the principle of reciprocity, which implies that both States must be subject to a treaty or agreement that regulates such cooperation.
Although it is generally granted when the established requirements are met, the State has the power to deny extradition in certain cases, such as when it involves crimes of a political nature.
Active extradition is the process by which Spain requests another country to surrender a person to be brought to trial or to serve a sentence imposed for a crime committed. This procedure is regulated in articles 824 to 833 of the Criminal Procedure Act, as well as in international treaties signed by Spain.
When does Spain request an active extradition?
The Spanish State can initiate an active extradition request in the following specific cases:
- Spanish nationals who commit crimes in Spain and take refuge in another country:
- For example, if a Spanish citizen flees after committing a serious crime, Spain can claim their extradition to prosecute them or make them serve their sentence.
- Spanish nationals who commit crimes abroad against the external security of the Spanish State:
- This includes acts such as espionage, sabotage or attacks against Spanish State interests outside its borders.
- Foreign nationals who must be tried in Spain and are taking refuge in a country other than their own:
- For example, a foreign citizen who commits a crime in Spain and escapes to a third country can be the subject of an active extradition request.
How is extradition requested in Spain?
The extradition procedure in Spain begins with the issuance of a document known as «suplicatorio»,
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Passive Extradition
Passive extradition occurs when another country requests Spain to surrender a person to be tried for a crime or to serve a previously imposed sentence. This procedure is regulated by the Passive Extradition Act of 1985 and must comply with certain legal requirements.
In cases where extradition is requested to try a person, the crime in question must be classified and punished both in Spain and in the requesting country, and the anticipated penalty must be more than one year of imprisonment.
If, on the other hand, extradition is requested for the person to serve an already issued sentence, this sentence must be at least four months of imprisonment.
Furthermore, it is essential that there exists a bilateral extradition treaty between Spain and the requesting country, as these types of agreements establish the legal basis for carrying out the procedure.
Do you want to know how to successfully oppose an extradition? We explain it in another article that you can read by clicking here.
Passive extradition procedure in Spain
What happens if you are reported and face an extradition request?
If you have been reported and your case includ
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Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.