The person has been arrested in Spain
The existence of a European Arrest Warrant may result in the immediate extradition of the accused to the National Court. This strategy must be prepared from the very beginning of the proceedings.
International criminal law · European judicial cooperation
European Arrest Warrant (EAW) lawyers in Spain
Defense in Spain of individuals wanted by another European Union Member State through a European Arrest Warrant. Representation before the National Court, opposition to extradition, precautionary measures, appeals, and coordination of strategy with lawyers from the issuing State.
oede
National Court
Delivery
Resources
Judicial cooperation
Spain · European Union
Defense and international coordination
Defense and international coordination
Start point
When a European Arrest Warrant takes effect in Spain
A European Arrest Warrant (EAW) can immediately affect the freedom of the person sought and requires coordinating two different dimensions in a very short time: the surrender procedure in Spain and the existing case in the issuing State.
RRYP Global intervenes in EAW proceedings with a connection to Spain, both directly for the person sought and in coordination with lawyers who already lead the criminal defense in another Member State.
There is an OEDE but the arrest has not yet taken place
Knowing in advance about the existence of the order allows for an analysis of its content, the foreign cause, and the legal strategy before a possible arrest in Spain.
The person being claimed does not consent to the delivery
It must be analyzed whether there are grounds for refusal, conditions or other legally relevant circumstances for the decision that must be adopted in Spain.
There is a risk of pretrial detention.
The personal situation of the accused is decided during the procedure and may result in provisional imprisonment or provisional release subject to precautionary measures.
There is a parallel criminal defense system in another state.
The Spanish strategy may depend on information, rulings, and actions taken in the case in the issuing state. Coordination between both teams is essential.
A foreign law firm needs a lawyer in Spain.
RRYP Global can handle the Spanish aspect of the procedure and work as Spanish counsel alongside the team leading the defense in the issuing State.
Defense in Spain
Intervention in OEDE proceedings
The scope depends on the procedural moment, the content of the order, the position of the person sought, and the criminal case existing in the issuing State.
Assistance after arrest
Analysis of the OEDE, procedural situation, available documentation and preparation of the first actions before the National Court.
Opposition to the OEDE
Analysis of the causes of refusal, conditions, guarantees and other circumstances relevant to the decision on delivery.
Prison and precautionary measures
Defense of the defendant's position regarding provisional imprisonment, provisional release and measures aimed at ensuring his availability.
Test and additional information
Identification of information, documentation and issues from the issuing State that may be relevant to deciding on the delivery.
Resources and procedural incidents
Preparation of resources and procedural actions when appropriate against decisions adopted during the processing of the OEDE.
Coordination with the issuing State
I work jointly with foreign lawyers to connect the defense developed in Spain with the criminal case existing in the issuing jurisdiction.
Experience
Action in European delivery procedures
RRYP Global has been involved in OEDE proceedings that have required combining legal defense in Spain, appeals and legal coordination with professionals from other jurisdictions.
Cancellation of a delivery resolution and retroactive application of the proceedings
In a European Arrest Warrant proceeding, the defense challenged the decision ordering the surrender. The National Court upheld the challenge, annulled the decision, and ordered the case to be sent back for a new hearing.
View representative issue →Opposition and resources
Preparation of opposition, appeals and procedural actions related to the decision on delivery.
I work with foreign defense.
Coordination of the Spanish strategy with professionals involved in the criminal case of the issuing State.
Actions during the execution of the order
Intervention in procedural incidents and urgent actions arising during the processing of the OEDE in Spain.
Procedure in Spain
National Court, short deadlines and decisions on freedom
Law 23/2014 establishes that the European Arrest Warrant is processed and executed as a matter of urgency. The defense must adapt to a procedure in which certain decisions are made within particularly short timeframes.
01
Arrest and placement at the disposal of
When a person is arrested in Spain in execution of a European Arrest Warrant, they must be brought before the Central Investigating Judge of the National Court within the legally prescribed period.
02
Information and legal assistance
The person being prosecuted must be informed of the order, their rights, and the possibility of also appointing a lawyer in the issuing State to assist in the defense carried out in Spain.
03
Consent or objection
The hearing addresses whether the person sought consents to surrender. If they do not consent, the proceedings continue to determine whether the European Arrest Warrant is executed.
04
View and test
When there is no consent, the reasons for refusal or condition can be debated and, where appropriate, the means of proof admitted can be carried out.
05
Personal situation
During the procedure, a decision is made as to whether provisional imprisonment, provisional release, or other precautionary measures aimed at ensuring the availability of the accused are appropriate.
06
Resolution and resources
The decision regarding the delivery may open, depending on the circumstances and the decision adopted, the legally provided avenues for appeal.
Legal framework
Judicial cooperation in criminal matters within the European Union
The European Arrest Warrant (EAW) is not an ordinary extradition. It is an instrument of mutual recognition between judicial authorities of European Union member states, subject to its own legal framework.
Framework Decision 2002/584 / JAI
It establishes the European system of surrender between judicial authorities based on the principle of mutual recognition.
Consult standard →23 / 2014
In Spain, it regulates the mutual recognition of criminal judgments in the European Union and dedicates its Title II to the EAW.
See Law 23/2014 →National Court
The competent judicial authority to execute a European Arrest Warrant in Spain is the Central Investigating Judge of the National Court.
Defense and guarantees
The execution of a European Arrest Warrant requires analyzing the mutual recognition regime together with the rights and guarantees applicable to the specific case.
The validity of an extradition cannot be determined in the abstract. The specific order, the purpose of the request, the crime, the foreign judgment, the situation of the person sought, the procedural circumstances, and any applicable grounds for refusal or conditions must all be analyzed.
Spanish counsel
Coordination with lawyers of the issuing State
A European Arrest Warrant necessarily connects two jurisdictions. RRYP Global can assume the defense in Spain while maintaining direct coordination with the team involved in the foreign case.
Defense before the National Court
RRYP directs the strategy and actions related to the execution procedure of the OEDE in Spain.
Information on the criminal case
The foreign lawyer can provide the procedural context and the actions taken in the jurisdiction that issued the order.
A coordinated strategy
Both teams can work on the same timeline, documentation, and strategy to avoid disconnected decisions between the two jurisdictions.
Team
RRYP Global
Legal direction, litigation, international coordination, client relations and operational management of the procedure.
Method
How do we approach an OEDE?
The procedure requires quickly identifying what is happening in Spain, what is happening in the issuing State, and what decisions need to be made in each jurisdiction.
Immediate situation
Detention, release, judicial body, deadlines and status of the OEDE.
Legal analysis
Order, purpose, foreign cause, guarantees and relevant circumstances.
Procedural strategy
Consent or objection, personal situation, evidence, allegations and resources.
international coordination
Communication with foreign counsel, documentation, procedural information and joint strategy.
European Arrest Warrant
Frequently asked questions about OEDE in Spain
The timeframes and consequences of an OEDE make it advisable to analyze the specific procedure from its earliest stages.
What is a European Arrest Warrant?
It is a judicial decision issued by a member state of the European Union to request another member state to arrest and hand over a person for the purpose of prosecuting criminal charges or for the execution of certain sentences or measures involving deprivation of liberty.
Who decides on an EPD when the person is in Spain?
The judicial authority competent to execute a European Arrest Warrant in Spain is, in general, the Central Investigating Judge of the National Court. Specific regulations apply when the person sought is a minor.
How long does an OEDE take in Spain?
Law 23/2014 establishes an expedited procedure and sets different deadlines depending on whether or not there is consent to the extradition and on the circumstances of the case. Therefore, the timeline must be analyzed from the moment the arrest or the existence of the warrant is known.
Can a person object to the delivery?
Yes, it is possible to refuse delivery. In that case, it must be analyzed whether there are grounds for refusal, conditions, or other legally relevant circumstances in accordance with the applicable regulations.
Does the person being sought have to remain in prison?
Not necessarily. During the proceedings, the court may order provisional detention or provisional release with the precautionary measures that are necessary and proportionate according to the circumstances of the case.
Are OEDE and extradition the same thing?
No. The European Arrest Warrant (EAW) is a mechanism for judicial cooperation between European Union member states based on mutual recognition. Extradition is governed by a different legal framework.
Do I need a lawyer in Spain if I already have a lawyer in the country that issued the EAW?
Defending an enforcement proceeding in Spain requires legal representation in Spain. Furthermore, the European Arrest Warrant (EAW) regime itself provides for coordination with a lawyer in the issuing state, whose role may be to assist in the defense conducted in the executing state.
Can RRYP work directly with my foreign lawyer?
Yes. RRYP Global can handle the Spanish aspect of the procedure and coordinate directly with the lawyer or firm representing the client in the State that issued the EAW.
Can a delivery decision be appealed?
The appeals process depends on the decision made and the procedural stage. When there is no consent to surrender, Law 23/2014 provides for an appeal against the decision issued after the hearing, under the legally prescribed terms.
Does RRYP Global intervene in OEDE throughout Spain?
Yes. Although the execution of the European Arrest Warrant falls under the jurisdiction of the National Court, the arrest of the wanted person can take place anywhere in Spain. RRYP Global handles cases with connections to various Spanish cities and jurisdictions.
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 order, the criminal case, the issuing State, the procedural status of the person sought, the applicable guarantees and the circumstances of the specific procedure.
Legal framework of reference: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and surrender procedures between Member States; Law 23/2014 of 20 November on the mutual recognition of criminal judgments in the European Union; and other European, constitutional and procedural regulations applicable to the specific case.
Initial legal assessment
An EOD can demand immediate action
350 € First legal meeting · VAT includedWhen there is an EAW, the initial assessment allows for defining the procedural situation, the issuing State, the purpose of the claim, and the actions that may be necessary in Spain.
If there is an arrest, an upcoming court appearance, or any other circumstance that requires immediate action, this must be expressly indicated when contacting the firm.
- State issuing the OEDE
- Current situation of the defendant
- Place of detention, if any
- Date of arrest
- Foreign crime or cause
- Purpose of the claim
- Available resolutions
- Lawyer in the issuing State
- Next known appearance
- Existing precautionary measures
The first meeting does not imply automatic acceptance of the engagement. If RRYP Global can take on the defense, the scope of intervention, fees, and urgent actions are defined before the engagement begins.
Raise the issue
Related matters
When the criminal claim is part of a larger international problem
A European Arrest Warrant (EAW) can connect with criminal proceedings, assets, investigations, and judicial actions taking place simultaneously in more than one state.
When a European Arrest Warrant exists, the defense in Spain and the criminal case in the issuing State should not proceed as two disconnected procedures.