The person has been arrested in Spain
The extradition request may give rise to urgent actions regarding freedom, court appearance and continuation of the surrender procedure.
International criminal law · International judicial cooperation
International extradition lawyers in Spain
Legal defense and coordination in extradition proceedings involving Spain. Representation in passive extradition cases before the National Court, analysis of the applicable treaty or regime, opposition to surrender, personal circumstances, appeals, and coordination with foreign lawyers.
Passive extradition
Active extradition
National Court
International deals
Foreign counsel
Spain · Third States
Defense and international coordination
Defense and international coordination
Start point
When another State requests the surrender of a person who is in Spain
Extradition requires simultaneous analysis of the foreign claim, the applicable international regime, the situation of the person sought, and the guarantees required before any eventual surrender.
RRYP Global addresses these procedures from the perspective of international judicial cooperation, coordinating, when necessary, the defense developed in Spain with lawyers from the requesting jurisdiction.
There is an extradition request prior to the arrest
Knowing the claim beforehand can allow for an analysis of the applicable treaty, the foreign cause, and the legal position before the first actions in Spain.
The origin of the delivery is under discussion
The defense must identify the extradition requirements, the grounds for denial, and the guarantees that may be required under the applicable regime.
There is a risk of imprisonment during the proceedings.
The personal situation of the person sought may be subject to precautionary measures while the extradition request is being processed.
There is already a lawyer in the requesting State
Information from foreign criminal proceedings can be essential for correctly designing the defense strategy in Spain.
A foreign law firm needs a lawyer in Spain.
RRYP Global can handle the Spanish dimension of an extradition claim and coordinate the procedure with the team representing the client abroad.
Defense in Spain
Intervention in international extradition proceedings
The process depends on the requesting State, the applicable treaty or legal regime, the purpose of the extradition, the foreign case, and the personal situation of the person sought.
Assistance after arrest
Analysis of the claim, procedural status, available documentation and initial actions in Spain.
Opposition to extradition
Study of the requirements, causes of refusal, guarantees and circumstances relevant to the decision on delivery.
Prison, freedom and precautionary measures
Defense of the position of the person sought during the extradition proceedings.
Treaty, reciprocity and domestic legislation
Determination of the applicable framework depending on whether there is an international treaty, internal regulations or issues related to the principle of reciprocity.
Fundamental rights and delivery conditions
Analysis of the guarantees relevant to the procedure, taking into account the specific claim, the requesting State and the circumstances of the case.
Coordination with foreign counselor
I work jointly with lawyers from other jurisdictions to integrate the foreign case and the Spanish procedure within the same strategy.
Two directions
Passive extradition and active extradition
The word extradition encompasses different procedures. Spain's legal position changes depending on whether it is the state receiving the extradition request or the state requesting the extradition.
Passive extradition
Another State is claiming a person who is in Spain.
The procedure requires analyzing whether the surrender is appropriate under the applicable treaty, the Passive Extradition Law, the principle of reciprocity and other relevant guarantees.
Active extradition
Spain requests another State to hand over a person.
The Criminal Procedure Law regulates the requirements for Spanish judicial bodies to propose or request the extradition of a person located in foreign territory.
Passive extradition
Judicial procedure and decision on surrender
Spanish passive extradition combines judicial proceedings with decisions that are part of a system of cooperation between states. The defense must identify from the outset which issues can be debated at each stage.
01
Arrest and appearance
An international request may result in the arrest and arraignment of the person sought.
02
Personal situation
The judicial body can decide on freedom, imprisonment and other measures during the proceedings.
03
File and supplementary information
The documentation of the foreign claim must allow for an analysis of the factual and legal grounds of the application.
04
Criminal Chamber of the National Court
The case may continue before the Criminal Chamber, where the appropriateness of the extradition is examined.
05
Resolution and appeal
The judicial decision must be reasoned and the appeals system depends on the resolution and the procedural phase.
06
Decision and commitment
The procedure must also be analyzed within the governmental and international dimension provided for by the applicable extradition regime.
Legal framework
Treaties, Spanish legislation and international cooperation
There is no single universal extradition regime. The legal framework must be determined taking into account the State involved, the treaties in force, the nature of the request, and applicable Spanish law.
4 / 1985
It regulates the conditions, procedure and effects of passive extradition in Spain, except as provided in applicable treaties.
See Law 4/1985 →Criminal Procedure Law
Articles 824 et seq. regulate the procedure for requesting from Spain the extradition of certain persons located abroad.
Consult LECrim →Extradition treaties
Bilateral and multilateral treaties may determine requirements, grounds for refusal, guarantees and applicable procedure.
Relations between States
Where appropriate, the principle of reciprocity may form part of the analysis of the extradition request.
The legal response depends on the requesting State, the applicable treaty, the crime, the procedural status of the person sought, the documentation submitted, and the guarantees that must be examined in the specific case.
Spanish counsel
Spanish defense coordinated with foreign lawyers
In many cases, the person being prosecuted already has a legal team in the requesting state. RRYP Global can handle the Spanish aspect exclusively and coordinate both defenses.
Related experience
International criminal judicial cooperation
RRYP Global develops international criminal defense in cases where a foreign claim produces procedural effects in Spain.
Nullity of a delivery decision in a European procedure
In an international criminal judicial cooperation proceeding, the defense challenged an extradition order. The National Court overturned the order and ordered the proceedings to be restarted.
View representative issue →Procedures connected with multiple jurisdictions
Legal analysis and coordination when a criminal procedure in another State requires actions or defense in Spain.
Defense in international delivery procedures
Procedural experience in matters of judicial cooperation and international surrender, with special attention to guarantees, resources and cross-border coordination.
Coordination with foreign defense
I work together with professionals from other jurisdictions when the client needs a consistent defense in several states.
Team
RRYP Global
Legal direction, litigation, international coordination, client relations and operational management of complex matters.
Method
How we handle an extradition claim
The strategy must be built from the specific claim, not from a standard response on extradition.
Immediate situation
Detention, release, authorities involved, deadlines and status of the proceedings.
Applicable regime
Requesting State, treaty, reciprocity, domestic legislation and object of the claim.
defense strategy
Requirements, grounds for refusal, guarantees, evidence, allegations and appeals.
international coordination
Foreign counsel, criminal case, documentation, procedural information and joint strategy.
International extradition
FAQ
The answer may change depending on the requesting State, the applicable treaty, the crime, the nationality and the procedural status of the person sought.
What is extradition?
It is an international cooperation mechanism by which one State requests another to hand over a person for prosecution or for the execution of a sentence, when the applicable legal requirements are met.
What is the difference between passive extradition and active extradition?
Passive extradition occurs when another state requests Spain to surrender a person located within Spanish territory. Active extradition occurs when Spain requests the surrender of a person located in another state.
Are OEDE and extradition the same thing?
No. The European Arrest Warrant is a specific cooperation mechanism between Member States of the European Union. Extradition is governed by a different legal framework.
Who decides on a passive extradition in Spain?
The passive extradition procedure has a judicial phase in which the National Court intervenes and is also integrated into the governmental and international framework provided for by the Law and by the applicable treaties.
Can a person oppose their extradition?
Yes. The admissibility of extradition must be analyzed according to the applicable regime and there may be grounds for denial, conditions or guarantees relevant to the case.
Is an extradition treaty necessary?
The applicable treaty is a central element when one exists, but the legal framework must be analyzed on a case-by-case basis. Spanish law also contemplates the principle of reciprocity within the legally established circumstances.
Can imprisonment be ordered while extradition proceedings are underway?
Yes. During the proceedings, measures affecting the liberty of the person sought may be taken. Whether imprisonment or other measures are warranted depends on the stage of the proceedings and the specific circumstances.
Can RRYP work with the lawyer of the country requesting extradition?
Yes. RRYP Global can handle the Spanish aspect of the proceedings and directly coordinate the strategy with the foreign lawyer or firm representing the client.
Can an extradition be subject to certain guarantees?
In certain cases, the applicable regulations may require specific guarantees before delivery can take place. Their existence and scope must be analyzed in relation to the specific case.
Can RRYP Global intervene in an extradition from anywhere in Spain?
Yes. The person sought can be found or arrested anywhere in Spain, while the processing of passive extradition is connected with the National Court.
Legal authorship
RRYP Global
Content developed for the International Criminal Law and Judicial Cooperation practice of RRYP Global.
The information contained on this page is general and does not replace the individualized analysis of the claim, the requesting State, the applicable treaty, the procedural situation, the guarantees and the circumstances of the specific case.
Legal framework of reference: Law 4/1985, of March 21, on Passive Extradition; articles 824 et seq. of the Criminal Procedure Law for active extradition; international treaties signed by Spain; and other constitutional, criminal and procedural regulations applicable to the specific case.
Initial legal assessment
An extradition request may require immediate action
350 € First legal meeting · VAT includedThe initial assessment allows us to identify the requesting State, the applicable legal regime, the situation of the person, the object of the claim and the actions that may be necessary in Spain.
If there is an arrest, an upcoming court appearance, a foreign ruling, or any other circumstance that requires immediate action, this must be expressly indicated when contacting the firm.
- Requesting State
- Current situation of the person
- Place of detention, if any
- Date of arrest
- Foreign crime or cause
- Purpose of the claim
- Treaty or available documentation
- Foreign resolutions
- Lawyer in the other state
- Next known performance
The initial meeting does not imply automatic acceptance of the engagement. If RRYP Global is able to take on the matter, the scope of intervention, fees, and any urgent actions will be defined before the engagement begins.
Raise the issue
Related matters
Criminal cooperation and international procedures
An extradition may be part of a criminal investigation, an international claim, or a proceeding conducted simultaneously in several jurisdictions.
An extradition should not be analyzed solely as a request for surrender: it requires connecting the foreign claim, the applicable international framework, the defense in Spain, and the consequences that may occur in both States.