International Criminal Law Lawyer in Madrid
An Interpol red notice at Barajas, a European Arrest Warrant or a foreign country requesting your extradition are decided within the first 72 hours. Don’t go into the first court appearance without a defence. We answer the phone ourselves, at any hour.
Defence against extraditions and European Arrest Warrants
When a foreign authority requests your surrender, you are not facing an ordinary criminal proceeding: there are short deadlines, documentation in another language and a window for defence that closes quickly. We are criminal defense lawyers in Madrid, specialists in international criminal law, and we take on your defence from the moment of arrest: we study the request, raise every ground for refusal the case allows, and fight so that you are not surrendered or, if you are, that it happens with proper guarantees. We handle that international dimension in every case.
International criminal law proceedings we handle in Madrid
These are the three fronts we act on as soon as a foreign authority locates you in Spain.
When a country outside the European Union requests your surrender through the passive extradition procedure. We oppose it before the Criminal Chamber of the National Court and pursue the matter all the way to the Council of Ministers.
When a European Union member state issues a European Arrest Warrant (EAW) against you. We work on the statutory grounds for refusal and the guarantee of enforcement in Spain.
Interpol red notice and judicial assistance
Arrests over a red notice at the border, letters rogatory and criminal requests that another State wants enforced in Spain. We assist you from the first minute and challenge the basis of the request.
24-hour assistance for arrests, summonses and urgent detentions
Tel. 681 256 507 · [email protected]
What we do when you're arrested over an Interpol red notice
If you are arrested at Barajas or at any police station over an Interpol red notice or a warrant issued from abroad, what you do in the first hours shapes the whole case. Here is what we do with you from the moment you call:
We answer your call.
We identify where you are being held, which country is seeking you and why, and we activate your defence at that moment.
We give you the first instructions.
You have the right to remain silent and not to sign anything until you have spoken to your lawyer. We explain this to you before any procedure takes place.
We go to the police station or to Barajas in person.
A partner travels to the police station or to Barajas Airport, whether in Madrid city or the Henares Corridor.
We speak to you privately.
In the private interview, before you make any statement, we prepare your position with you for the on-duty Central Investigating Court.
We assist you during questioning.
We assist you during questioning by the Police and in court, and we request alternative measures to pre-trial detention.
We provide assistance to detainees ourselves, 24 hours a day, every day of the year. Madrid, Barajas and throughout Spain.
Passive extradition lawyer in Madrid
Passive extradition (when another country requests that you be handed over) plays out on two levels, and knowing how to work both is what makes the difference:
- Judicial level. The Criminal Chamber of the National Court decides whether the requirements for surrender are met: this is where we argue dual criminality (that the act is also a crime in Spain), limitation periods and the risk to your rights.
- Governmental level. Even if the court rules in favour of surrender, the Council of Ministers has the final say, and humanitarian grounds can be raised.
Lawyer for the European Arrest Warrant (EAW)
The European Arrest Warrant (EAW) replaced extradition between European Union countries with a faster system. Being simpler doesn’t mean there’s no defence: thinking otherwise comes at a high price. The grounds for refusal are limited, but they are real, and we work on them:
- Limitation period. If the offence or the sentence has become time-barred, the surrender falls through.
- Non bis in idem. You cannot be tried twice for the same offence.
- The guarantee of serving the sentence in Spain. If you are Spanish or live here, instead of leaving the country you could serve any sentence close to your surroundings.
And all within very tight deadlines, of around 60 days.
Grounds for refusing extradition and the European Arrest Warrant
No two claims are the same, but the opposition is almost always built on the same pillars:
- Dual criminality. That the act is a crime in both countries.
- Limitation period and non bis in idem. That the matter is not time-barred or already tried.
- The risk to human rights. As protected by the European Convention on Human Rights.
- The political nature of the offence or the right to asylum.
- Defects in the request itself.
We also build precautionary measures on these grounds: we fight for provisional release with alternatives to custody so that you don’t have to go through the proceedings behind bars.
24-hour assistance for arrests, summonses and urgent custody proceedings
Tel. 681 256 507 · [email protected]
Extradition for drug trafficking and financial crimes
Almost all extraditions and European Arrest Warrants reaching the National Court relate to a handful of offences:
- Drug trafficking. The most frequent, along with other offences against public health, almost always with a cross-border structure behind them.
- Financial crimes. Fraud, misappropriation or money laundering committed across several countries, the field of economic criminal law where we work the most.
Whatever the offence stated in the claim, our role is not to judge the merits, that is for the requesting country to decide, but to argue whether the surrender is appropriate under Spanish law and the relevant treaties.
Defence before the National Court and throughout Spain
Almost all international cooperation criminal proceedings destined for Spain are handled in Madrid, before the Central Investigating Courts and the Criminal Chamber of the National Court; the appeal for reconsideration goes to the Plenary and, in classic extraditions, the final decision rests with the Council of Ministers. As criminal defense lawyers in Madrid we work daily with these bodies, but arrest can happen anywhere: we travel to Barajas or to whichever police station you are held at, and we take on the case even if you live outside Spain.
Privately appointed criminal defense lawyer versus court-appointed counsel
In an extradition or European Arrest Warrant procedure, court-appointed assistance covers the formalities, but rarely prepares the case for refusal with the time it requires. Choosing your criminal defense lawyer through private appointment means that the same firm studying your file is the one who answers your calls, explains each step and attends the hearing with you. In our firm there is no paralegal in between and no different lawyer every day: we handle your case ourselves, from start to finish.
How we handle an international cooperation procedure
We apply the same method in a classic extradition with Morocco as in a European Arrest Warrant from an EU Member State. The legal framework changes; our rigour does not.
First contact
We attend to you directly, even from abroad, and activate the defense. The first 72 hours set the position for the entire case.
Case analysis
We review the documentation from the requesting country, the classification under the Spanish Criminal Code (CP), the grounds for refusal and the deadlines under the treaty or European instrument.
Strategy and preparation
We prepare precautionary measures, submissions for the hearing and, where applicable, the guarantee of compliance in Spain and coordination with the lawyer in the country of origin.
Defense at the hearing
We defend you before the Criminal Chamber, file an appeal for reconsideration before the Plenary and, in classic extraditions, make submissions before the Council of Ministers.
Frequently asked questions about extradition and the European Arrest Warrant
What is the difference between extradition and a European Arrest Warrant?
Passive extradition applies with countries outside the European Union: it allows for government oversight and more scope to refuse surrender on political or humanitarian grounds. The European Arrest Warrant operates between Member States, with a simplified procedure, deadlines of 60 plus 30 days, and strictly defined grounds for refusal.
How long does an international cooperation procedure take?
The European Arrest Warrant has short deadlines: 60 days from arrest, extendable by a further 30. Ordinary passive extradition takes longer: the judicial phase can last months, after which the government phase begins. We will set out the specifics once we have studied your file.
Can I be handed over to a country where I would not receive a fair trial?
Not automatically. The European Convention on Human Rights prohibits surrender if there is a risk of inhuman or degrading treatment, or if a fair criminal trial cannot be guaranteed. The defense must provide evidence regarding the judicial system of the country requesting you.
I have been arrested at Barajas over an Interpol red notice, what should I do?
Request assistance from an international criminal defense lawyer as soon as possible and do not make a statement until they arrive. The Police are required to bring you before the on-duty Central Court of Instruction, and the first appearance, within 72 hours, is decisive. Call us on 681 256 507.
Can you handle my defense if I live outside Spain?
Yes. Many of our clients live outside Spain, and coordinating with a local lawyer in the requesting or issuing State is part of how we work. At the initial assessment we will confirm whether your case falls within that kind of coordination.
Visit our law firm in Madrid
Estudio Jurídico Cervantes & Gª-Escribano
Book an initial assessment or call us directly. We see clients at Goya 20, by phone and by video conference, with the confidentiality inherent to the legal profession.
- 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 (assistance to detainees 24/7)
Call your international criminal defense lawyer in Madrid
An Interpol Red Notice, a European Arrest Warrant or an ongoing extradition are won or lost in the first moves. The sooner you call us, the more room we have to prepare your defense. We assist you directly, in Madrid and throughout Spain.
