Extradition Defense Lawyers in Madrid
If you have been arrested at Barajas or at the border on an Interpol red notice or a direct extradition request from a foreign State, the passive extradition procedure under Law 4/1985 is heard before the Central Investigating Courts and the Criminal Chamber of the National Court. The first 72 hours are decisive: the appearance with expert legal assistance, the decision on pre-trial detention, and the raising of grounds for refusal. The firm takes over the legal defense from the initial appearance, with analysis of dual criminality, statute of limitations and the safeguards under art. 3 ECHR. Offices at Goya 20, Madrid. 24-hour assistance.
Extradition defense lawyers in Madrid
We are extradition lawyers in Madrid and we defend those wanted by another country. We act from the moment of arrest at Barajas or at the border on an Interpol alert, in passive extradition proceedings before the National Court, and also in active extradition and in the European Arrest Warrant. These are the key points of the procedure and the defense:
Other areas of international criminal cooperation we handle in Madrid
The defense in extradition proceedings is coordinated with the other mechanisms of international judicial criminal cooperation and with urgent assistance from the moment of arrest.
Simplified surrender procedure between EU Member States (Framework Decision 2002/584 and Law 23/2014). Short deadlines, statutory grounds.
- Deadline of 60 + 30 days (art. 17 Law 23/2014)
- Statutory grounds for refusal (art. 32)
- Oral hearing before the National Court, short deadline
- National Court, Criminal Chamber
Immediate intervention at police stations, borders or airports from the moment of arrest on an Interpol red notice or a foreign judicial order.
- Assistance at Barajas Airport
- Police stations and police facilities
- First appearance before the Central Investigating Court
- Habeas corpus where applicable
A comprehensive view of judicial criminal cooperation: extraditions, the European Arrest Warrant and passive judicial assistance before the National Court.
- Applicable bilateral treaties
- EU Framework Decision 2002/584
- Passive judicial assistance under Law 23/2014
- Letters rogatory and European Arrest Warrants
Lawyers for passive extradition proceedings before the National Court
Stages of the passive extradition procedure
Passive extradition goes through four stages before the National Court:
- Arrest and appearance: the person sought is brought before the on-duty Central Investigating Court, which decides on their release or pre-trial detention.
- Judicial stage: the Criminal Chamber of the National Court decides, after the hearing, whether the surrender should proceed.
- Government stage: if the Chamber finds it should proceed, the Council of Ministers takes the final decision.
- Appeals: the Chamber’s ruling may be appealed before the Plenary of the Criminal Chamber.
Grounds for refusing an extradition
A large part of the defense involves establishing a ground for refusal. The most relevant are:
- Political or military offence.
- Statute of limitations on the offence or the sentence, under Spanish law or the law of the requesting State.
- Lack of double criminality: the act must constitute an offence in both countries.
- Death penalty or life imprisonment without review, unless sufficient guarantees are given.
- Risk of inhuman or degrading treatment in the requesting country.
- Spanish nationality of the person sought.
Lines of defense against an extradition
Our extradition lawyers build the defense on four fronts at once:
- Technical analysis of the request: the documentation submitted, the legal classification of the act and the applicable time limits.
- Substantive issues: the grounds for refusal set out in the law and the applicable treaty.
- Precautionary measures: challenging pre-trial detention with alternatives to prison.
- Government channel: humanitarian and political submissions to the Council of Ministers.
Difference between active and passive extradition
Extradition has two sides, and we handle both:
- Passive extradition: Spain receives a request from another State to surrender a person who is here. It is governed by Law 4/1985 and is heard by the National Court.
- Active extradition: Spain requests another country to surrender a person sought by a Spanish judge.
When the surrender takes place between European Union countries, both are replaced by the European Arrest Warrant (EAW). The most important rulings come from the Criminal Chamber of the National Court and the Supreme Court.
How we handle your extradition defense, from the moment of arrest at Barajas
From the call after an arrest on an Interpol red notice or a foreign judicial warrant to the final decision of the Council of Ministers (where applicable, following a final order from the National Court), we work every extradition case with the same method. We apply it equally to a surrender requested by an EU State under Framework Decision 2002/584 and to a classic extradition to a third State under Law 4/1985.
First contact
We deal with you directly and travel to the police station or the airport. The first appearance before the Central Investigating Court determines whether pre-trial detention is ordered, so we act from the very first minute.
Case analysis
We review the documentation from the requesting country and look for grounds for refusal: above all, lack of double criminality and the statute of limitations, which can even be considered by the court of its own motion.
Strategy and preparation
We design the strategy: the grounds for refusal, submissions on the risk of inhuman treatment, opposition to pre-trial detention and, if it comes to that, submissions to the Council of Ministers. We prepare every step together with you.
Defense in court
We defend you at the hearing before the Criminal Chamber of the National Court and lodge appeals where appropriate: before the Plenary of the Chamber, the Constitutional Court and the European Court of Human Rights.
24-hour assistance for detainees, every day of the year
We take the call, travel to the police station or Barajas Airport, and take on the defence from the very first minute. Madrid city, the Henares Corridor and the whole of Spain. The line is answered by a lawyer who is a partner at the firm, not by an external answering service.
Frequently asked questions about extraditions in Madrid
If your question isn’t here, write to us: we reply within 24 working hours and always in strict confidence.
I have been arrested at the border on an Interpol warrant. What happens next?
The Police immediately notify the on-duty Central Investigating Court, which decides on provisional release. The defence must intervene before the first appearance. The firm attends this type of arrest at Barajas Airport and other points of entry. We review your specific case at the first consultation.
Can I be extradited to a country that has no treaty with Spain?
Yes, under the principle of reciprocity. Law 4/1985 allows for this, although the assessment of grounds for refusal is stricter. We determine this in the initial review of the file.
How long does an extradition procedure take?
It depends on the country and the complexity of the case, but a passive extradition before the National Court usually takes several months to resolve, and can be extended by appeals to the Full Chamber or the Constitutional Court. The government stage before the Council of Ministers adds further time. We give you an estimated timeframe for your case at the first review.
Can I be released while the extradition is being decided?
Yes, pre-trial detention is not automatic. At the first appearance before the Central Investigating Court, a decision is made on your provisional release, and the defence can request alternatives to detention: bail, periodic reporting requirements or surrender of your passport. The sooner we intervene, the more scope there is to avoid detention.
I am Spanish, can I be extradited?
Spanish nationality is a ground for refusal: Spain can refuse to hand over one of its nationals and try them here for the same acts instead. It is not an absolute shield, but it is one of the strongest lines of defence in an extradition case. We assess this in your specific case.
Firm's office at Goya 20, Madrid
We receive clients right in the city centre, next to the Goya metro station. Consultations are held in person, by phone or by video call, always with dedicated attention to your matter and under strict professional confidentiality.
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial review or call the firm directly. We hold consultations in person at Goya 20, by phone and by video call, always with the confidentiality inherent to professional practice.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 am – 7:00 pm (24/7 assistance for detainees)
Why choose an extradition lawyer in Madrid from the very first minute
An extradition case is decided in the first 72 hours: the appearance before the Central Investigating Court, opposition to provisional detention and the written submission of grounds for refusal ahead of the hearing at the National Court. As extradition lawyers in Madrid, we take on your case from the very first phone call. We serve clients in Madrid city, the Henares Corridor and throughout Spain.
