Audiencia Nacional · Madrid · Europol · Interpol
Time Is Critical. Every Day Counts.
Extradition proceedings in Spain move fast. European Arrest Warrants can be resolved in 40 to 60 days. If you or a family member is facing surrender, act now.
Facing an extradition request in Spain is one of the most urgent legal situations a person can encounter. Whether you have been arrested on a European Arrest Warrant, flagged through an Interpol Red Notice or targeted by a bilateral extradition treaty, the clock starts running from the moment of detention. The decisions made in the first hours will shape the entire outcome of your case.
At Sanahuja Abogados Penalistas, led by attorney Juan Antonio Signes García, we defend clients facing extradition and international surrender proceedings before the Audiencia Nacional in Madrid. Our firm focuses exclusively on criminal law, and extradition defense is one of our core practice areas. We combine deep knowledge of Spanish criminal procedure with expertise in EU mutual recognition instruments, international treaties and human rights law.
Why Choose Sanahuja for Extradition Defense
Extradition cases require a very specific combination of skills: criminal law expertise, international law knowledge, speed of response and the ability to coordinate with lawyers in other jurisdictions. Most general-practice firms cannot offer this.
Exclusive criminal law focus. We do not divide our attention between practice areas. Criminal defense, including extradition proceedings, is all we do.
Representation before the Audiencia Nacional. All extradition and EAW cases in Spain are heard at the Audiencia Nacional in Madrid. We have direct experience before its Criminal Chamber.
Members of ECBA and EFCL. Our membership in the European Criminal Bar Association and European Fraud & Compliance Lawyers gives us a network of criminal defense lawyers across Europe for coordinated cross-border defense.
English-speaking legal team. Direct communication with your lawyer in English, from the first phone call to the final hearing.
24/7 emergency response. Extradition arrests happen without warning. We respond immediately: 616 869 785.
Types of Extradition Cases We Handle
We defend clients in every type of international surrender proceeding recognized under Spanish law and EU instruments.
European Arrest Warrant (EAW)
Fast-track surrender between EU Member States. We challenge EAWs on grounds of proportionality, double jeopardy, human rights and procedural defects.
Interpol Red Notice
International wanted persons alerts. We challenge Red Notices before INTERPOL's Commission for the Control of Files (CCF) and defend against arrest in Spain.
Europol Cooperation Cases
Cross-border investigations coordinated by Europol. We defend clients targeted by Joint Investigation Teams (JITs) and European Investigation Orders.
UK Extradition (Post-Brexit)
Since Brexit, UK-Spain surrenders operate under the Trade and Cooperation Agreement (TCA). Different rules, different deadlines, different defense strategies.
US Extradition Treaty
Bilateral extradition between Spain and the United States. We challenge requests on grounds of dual criminality, political offense exception and treaty requirements.
Latin American Extraditions
Spain has bilateral treaties with Argentina, Brazil, Colombia, Mexico, Venezuela and others. Each treaty has specific requirements that can be used in your defense.
How Extradition Works in Spain
Understanding the procedure is essential for building an effective defense. The process differs depending on whether the request comes from an EU Member State (European Arrest Warrant) or a non-EU country (passive extradition under the 1985 Law).
European Arrest Warrant (EU countries)
When Spanish police arrest you on an EAW, you must be brought before a judge at the Juzgado Central de Instrucción (Central Investigating Court) at the Audiencia Nacional in Madrid within 72 hours. At this hearing, you are informed of the warrant and asked whether you consent to surrender. If you do not consent, the case is referred to the Criminal Chamber of the Audiencia Nacional, which must decide within 60 days. Your defense lawyer can argue grounds for refusal, including violations of fundamental rights, double jeopardy (non bis in idem), lack of dual criminality and disproportionality.
Passive extradition (non-EU countries)
Extradition requests from countries outside the EU are governed by the Spanish Passive Extradition Law of 1985 and the applicable bilateral treaty. The procedure is longer and involves more stages, including a review by the Spanish Government. Your lawyer can challenge the request on grounds specific to the treaty, such as the political offense exception, the nationality of the requested person or the risk of torture or inhuman treatment in the requesting state.
Interpol Red Notice cases
An Interpol Red Notice is not an arrest warrant. It is a request to locate and provisionally arrest a person pending an extradition request. However, Spanish police will arrest you on a Red Notice and you will be brought before the Audiencia Nacional. Your lawyer can challenge the validity of the Red Notice, argue that it has been issued for political purposes or request its deletion through INTERPOL's Commission for the Control of Files.
Grounds for Refusing Extradition in Spain
Spanish law and EU instruments provide several grounds on which extradition or surrender can be refused. An experienced extradition lawyer will identify which grounds apply to your specific case.
Fundamental rights risk. If there is a real risk that you will be subjected to torture, inhuman or degrading treatment, or that your right to a fair trial will be violated in the requesting state.
Double jeopardy (non bis in idem). If you have already been tried or acquitted for the same offense in Spain or another EU Member State.
Lack of dual criminality. If the offense is not recognized as a crime under Spanish law (applicable for offenses outside the EAW list of 32 categories).
Nationality and residence. If you are a Spanish national or a long-term resident with strong ties to Spain, the court may refuse surrender and arrange for the sentence to be served in Spain instead.
Disproportionality. If the offense is minor and the surrender would be disproportionate to the consequences for the requested person.
Procedural defects. Missing information, formal errors in the warrant or failure to meet treaty requirements can be grounds for challenge.
Political offense exception. In non-EU extraditions, requests based on political offenses can be refused.
What to Do If You Are Arrested on an Extradition Warrant in Spain
If you or a family member has been arrested in Spain on an extradition request or a European Arrest Warrant, follow these steps:
1. Do not consent to surrender without speaking to a specialized extradition lawyer first. Once you consent, the process is virtually irreversible.
2. Request a lawyer immediately. You have the right to choose your own attorney. The public defender assigned to you may not have extradition experience. Call us: 616 869 785.
3. Exercise your right to remain silent. Do not make any statements to the police or the judge without your lawyer present.
4. Contact your consulate. You have the right to inform your country's consular office of your detention.
5. Act fast. EAW proceedings must be resolved within 60 days. Bilateral extraditions have their own deadlines. Every day without legal representation is a day lost for your defense.
Facing Extradition in Spain?
Free, confidential consultation. We respond immediately.
Call Now WhatsAppOur Extradition Defense Team
Juan Antonio Signes García leads Sanahuja Abogados Penalistas' extradition defense practice (Member of the Valencia Bar Association, ICAV). With over 20 years exclusively in criminal defense, he has represented clients in extradition and EAW proceedings before the Audiencia Nacional, including cases involving financial crime, drug trafficking and organized crime charges from multiple jurisdictions.
He is supported by María Fayos, who coordinates documentary and forensic evidence analysis in cross-border cases, and prepares evidentiary timelines and procedural challenges for hearings before the Criminal Chamber of the Audiencia Nacional.
As members of the European Criminal Bar Association (ECBA) and European Fraud & Compliance Lawyers (EFCL), we collaborate with criminal defense lawyers across Europe for coordinated defense strategies when your case involves multiple jurisdictions.
Our firm also provides full criminal defense services in Spain for clients whose extradition case is connected to ongoing criminal proceedings in Spanish courts.
Frequently Asked Questions
What is a European Arrest Warrant and how does it work in Spain?
A European Arrest Warrant (EAW) is a judicial order issued by one EU Member State requesting another to arrest and surrender a person for prosecution or to serve a prison sentence. In Spain, all EAW cases are handled by the Audiencia Nacional in Madrid. Once arrested, you must be brought before a judge within 72 hours. If you do not consent to surrender, the Criminal Chamber must decide within 60 days. An experienced extradition lawyer can challenge the warrant on multiple legal grounds.
Can I fight extradition from Spain?
Yes. Spanish law and EU instruments provide several grounds for refusing surrender, including risk of human rights violations, double jeopardy, lack of dual criminality, disproportionality and procedural defects. Your lawyer will analyze the specific warrant and identify every possible ground for challenge. Many extradition requests are refused or modified by Spanish courts each year.
What happens if I am arrested on an Interpol Red Notice in Spain?
Spanish police will arrest you and bring you before the Audiencia Nacional within 72 hours. However, a Red Notice is not an arrest warrant. It is a request to locate and provisionally detain a person. Your lawyer can challenge the Red Notice itself through INTERPOL's Commission for the Control of Files and simultaneously defend you in the provisional arrest hearing. If no formal extradition request follows within the treaty deadline, you must be released.
How long do extradition proceedings take in Spain?
European Arrest Warrant cases must be resolved within 60 days from arrest (extendable to 90 in exceptional circumstances). Bilateral extraditions with non-EU countries take longer, typically several months, depending on the treaty and the complexity of the case. The speed of these proceedings is exactly why immediate legal representation is essential.
Can I avoid extradition if I am a Spanish resident?
Residence in Spain can be a relevant factor. For EAW cases, if you are a Spanish national or a long-term resident with strong ties to Spain, the court may refuse surrender and arrange for any sentence to be served in Spain instead, under the EU Framework Decision on mutual recognition of custodial sentences. For non-EU extraditions, Spanish nationality can be an absolute bar to surrender under certain treaties. Your lawyer will assess whether residence or nationality grounds apply in your case.
Has Brexit changed extradition between Spain and the UK?
Yes. Since January 1, 2021, extradition between Spain and the UK no longer operates under the European Arrest Warrant framework. It is now governed by the Trade and Cooperation Agreement (TCA) between the EU and the UK. The TCA maintains streamlined procedures but introduces different rules and deadlines. If you are facing a UK extradition request in Spain (now called a TaCA warrant), you need a lawyer who understands both the old EAW framework and the new TCA regime.
Can I be extradited from Spain to the United States?
Yes. Spain and the United States have a bilateral extradition treaty. However, the request must meet specific requirements, including dual criminality (the offense must be a crime in both countries). Your lawyer can challenge US requests on treaty grounds, political offense exceptions, procedural defects or the risk that you would face conditions incompatible with fundamental rights, such as disproportionate sentencing or solitary confinement.
What is the role of the Audiencia Nacional in extradition cases?
The Audiencia Nacional in Madrid is the only court in Spain that handles extradition and European Arrest Warrant proceedings. The Central Investigating Courts (Juzgados Centrales de Instrucción) conduct the initial hearing after arrest, and the Criminal Chamber (Sala de lo Penal) makes the final decision on surrender. Having a lawyer with direct experience before this court is critical for an effective defense.
Can I be released on bail during extradition proceedings in Spain?
It is possible but not common. Spanish courts tend to order provisional detention (prisión provisional) in extradition cases due to the risk of flight. However, your lawyer can argue for release under conditions such as passport surrender, periodic court appearances and a prohibition on leaving Spain. The court will assess your ties to Spain, family situation, flight risk and the seriousness of the charges. A strong bail application with supporting evidence can make the difference.
How much does an extradition lawyer cost in Spain?
Fees depend on the type of proceedings (EAW, bilateral extradition, Interpol challenge), the complexity of the case and the number of jurisdictions involved. Extradition cases are typically more complex than standard criminal proceedings due to the international dimension. We offer a free initial consultation to assess your case and provide a clear, written fee estimate. For urgent matters, fees can be discussed immediately by phone at 616 869 785.
Extradition Lawyer in Spain: Immediate Defense 24/7
Extradition proceedings move fast. If you or a family member has been arrested, the real margin is gained by acting today.
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