When someone is arrested in Spain at the request of another country, two legal procedures can be triggered: extradition or the European Arrest Warrant (EAW).
Both procedures carry serious criminal consequences and require specialised legal defence from the outset.
Below, I explain the key differences, how the process works, your rights, and what defence options are available if you or a loved one are facing this situation.
What is the difference between extradition and a European Arrest Warrant?
Extradition: applies when the requesting country is outside the European Union (e.g. the United States, Morocco, Venezuela).
European Arrest Warrant (EAW): a fast-track surrender procedure between EU Member States such as France, Germany, or Italy.
Is an EAW the same as a European Arrest Warrant?
Yes. “European Arrest Warrant” is the official legal term. “EAW” is its acronym, while “Euroorden” is a more informal term used by the media and public in Spain. All refer to the same legal instrument for fast-track surrender between EU countries.
Who decides if you will be surrendered?
In both procedures, the Spanish National Court (Audiencia Nacional) assesses the legality of the request and whether there are grounds for refusal.
In extradition cases, the surrender must also be approved by the Spanish Government.
In EAW cases, only the judiciary is involved – political authorities do not intervene.
What are the grounds for opposing the request?
🔹 Extradition: broader grounds for opposition may include:
- The act is not a crime under Spanish law (double criminality).
- The person has already been tried for the same facts (non bis in idem).
- Lack of guarantees for a fair trial in the requesting country.
- Risk of death penalty, torture, or inhuman treatment.
- The request is politically motivated.
🔹 EAW: grounds for refusal are far more limited:
- The person has already been tried for the same offence.
- Formal errors in the warrant or failure to meet legal requirements.
- Real risk of inhuman or degrading treatment, especially in some European prisons (must be proven with solid evidence).
- Limited exceptions for humanitarian reasons or if the person is a minor.
⚠️ In general, extradition allows more room for legal opposition than an EAW. That’s why the defence strategy must be adapted to each specific case.
How long does each procedure take?
Extradition: can take several months or even over a year, particularly if appeals are filed.
EAW: must be resolved within 60 days and can be executed in just 10 days if uncontested.
A 30-day extension may be granted for justified reasons.
Can the process be appealed or suspended?
Yes. In both cases, it is possible to:
- Appeal the court’s decision to authorise the surrender.
- Request a suspension of the surrender while appeals are pending.
In some situations, the procedure may also be suspended due to serious medical conditions or if there is a pending criminal case in Spain.
Can I be placed in pre-trial detention?
Yes. Pre-trial detention is almost automatic in extradition and EAW cases due to the high flight risk involved.
However, it is possible to request release under precautionary measures, such as bail, regular court appearances, or surrender of passport. You must prove strong ties to Spain, health concerns, or family responsibilities.
What is the step-by-step process?
Typical stages in extradition and EAW cases:
- Arrest of the wanted person in Spain.
- Transfer to the National Court (Audiencia Nacional).
- Appointment of a defence lawyer and translation of the warrant if needed.
- Hearing before the judge: the person may accept or contest the surrender.
- Court decision (plus government approval in extraditions).
- Appeal and possible suspension, if applicable.
- Execution or rejection of the surrender depending on the final ruling.
What rights do I have during the procedure?
From the very first moment, you are entitled to:
- A defence lawyer.
- An interpreter if you do not understand Spanish.
- Be informed of the reason for your arrest and the content of the warrant.
- Challenge the surrender and submit evidence.
- Maintain contact with your family and consular assistance if you are a foreign national.
How can I help you?
I offer urgent, expert international criminal defence in extradition and EAW cases, covering the entire Spanish territory. My approach includes:
- Immediate assistance from the moment of arrest.
- Technical review of the warrant and identification of opposition grounds.
- Preparation of appeals, arguments and evidence.
- Constant communication with the detainee’s family.
- In-depth knowledge of the European judicial system gained through years of work within the EU.
Are you facing extradition or a European Arrest Warrant?
In these cases, every hour counts. The sooner you act, the more chances you have to stop or influence the outcome of the surrender.
Miriam Rosales – Criminal Defence Lawyer
📍 We operate nationwide in Spain, 24/7, 365 days a year.
📞 Urgent contact: +34 633 933 547