HomeExtradition in Spain: The Audiencia Nacional, EAW Execution, and How to Challenge Surrender
Spain handles extradition through a specialist court — the Audiencia Nacional in Madrid — that has exclusive jurisdiction over international surrender cases. Whether the request arrives through a European Arrest Warrant from an EU state, a bilateral treaty with the US or Latin America, or an informal request supported by an INTERPOL Red Notice, the Audiencia Nacional is the judicial gatekeeping body whose decision shapes the outcome. Understanding its procedure and the available defence grounds is essential for anyone facing surrender from Spanish territory.
How Spain Handles Extradition Requests: Passive Law, Audiencia Nacional, and the Council of Ministers
Spain’s passive extradition procedure (where Spain is the requested state) is governed by the Passive Extradition Law of 21 March 1985 (Ley de Extradición Pasiva) for non-EU requests, and by Law 23/2014 on Mutual Recognition of Criminal Decisions in the EU for European Arrest Warrant cases. The Audiencia Nacional — based in Madrid — is the sole competent court for examining extradition requests in Spain.
For non-EU requests (including US requests under the US–Spain Extradition Treaty of 29 May 1970, as supplemented), the process has two stages. First, the Criminal Chamber of the Audiencia Nacional (Sala de lo Penal) holds a hearing and issues a binding opinion on whether legal conditions for extradition are met. If the Audiencia Nacional’s opinion is unfavourable, extradition is legally barred. If favourable, the Council of Ministers (Consejo de Ministros) makes the final political decision on whether to order surrender. The Ministry of Foreign Affairs coordinates the diplomatic aspects. Final executive decisions by the Council of Ministers can be challenged before the Supreme Court (Tribunal Supremo) on procedural grounds.
The dual criminality requirement under Spanish law means the conduct must be an offence under both Spanish law and the law of the requesting state, carrying a minimum sentence threshold. The INTERPOL Red Notice plays a specific role: Spanish authorities can issue a provisional arrest based on a Red Notice pending the formal extradition request, with the formal request expected to follow within a set period. If the formal request is not received in time, the person must be released. Challenging the underlying Red Notice through the CCF can remove the basis for further provisional arrest.
EAW Execution in Spain Compared with France and Italy
| Factor | Spain | France | Italy |
|---|---|---|---|
| Court handling EAW | Audiencia Nacional (Criminal Chamber) | Chambre de l’instruction (Court of Appeal) | Court of Appeal (Corte d’appello) |
| Citizen EAW refusal option | Limited (can choose to prosecute domestically) | Yes (for certain offence categories) | Yes (constitutional principle) |
| Political-offence bar | Yes (1985 Passive Law, Art. 4) | Yes (strong tradition) | Yes (Law 69/2005) |
| Council of Ministers / executive veto | Yes (non-EU requests) | Yes (Prime Minister decree) | Ministry of Justice (limited) |
| Typical EAW timeline | 60–90 days (uncontested) | 30–60 days (uncontested) | 30–90 days (uncontested) |
Spain’s role as a transit and residence hub for Latin American nationals makes it particularly significant in extradition cases involving Venezuelan, Colombian, and Mexican defendants — where both US and local Latin American requests may be in play simultaneously. Spain’s active extradition treaty network with Latin American states adds a layer of complexity absent in France or Italy. See the related analysis on extradition in France for a detailed comparison of the European judicial approach.
Risk Factors for Individuals in Spain Facing International Extradition
Provisional arrest at airports. Spain’s major international airports — Madrid Barajas and Barcelona El Prat — are active INTERPOL check points. An individual with an active Red Notice or a pending international arrest warrant may be detained at passport control even in transit, before any formal extradition request has been submitted. The window from provisional arrest to the required formal request is tight, and legal intervention must be immediate.
US extradition treaty with Spain. The US–Spain Extradition Treaty is an active bilateral agreement that covers a broad range of federal offences. Financial crime, narcotics, and cybercrime cases account for a significant proportion of US requests to Spain. The Audiencia Nacional has in the past surrendered both Spanish nationals and foreign nationals to the US, making Spain one of the more cooperative European extradition partners for US requests.
Latin America connection. Spain’s extradition treaties with multiple Latin American states mean individuals sought by, for example, Colombia or Venezuela may face surrender proceedings while in Spain. These cases frequently involve overlap between US and Latin American requests. The interaction between multiple simultaneous requests requires careful legal management from the outset.
Our Defence Strategy in Spanish Extradition Proceedings
Our team’s approach to cases in Spain focuses first on the Audiencia Nacional hearing: challenging dual criminality where the conduct does not map clearly to a Spanish offence, invoking the political-offence bar where applicable, and building ECHR-based arguments on prison conditions or fair trial risk in the requesting state.
Where a Red Notice has triggered provisional arrest, we simultaneously pursue a CCF challenge at INTERPOL. A successful CCF outcome — whether suspension or deletion of the Notice — strengthens the argument before the Audiencia Nacional and removes the risk of further INTERPOL-triggered encounters at Spanish ports.
Where the Council of Ministers stage is reached following a favourable judicial opinion, we work to present the political dimension of the case — including human rights concerns, diplomatic considerations, and proportionality — for the executive decision.
Facing extradition proceedings in Spain or a Red Notice encounter at a Spanish airport? Contact our extradition lawyers for urgent advice.
Frequently Asked Questions: Extradition in Spain
Which court handles extradition requests in Spain?
The Audiencia Nacional in Madrid has exclusive jurisdiction over extradition cases in Spain. Its Criminal Chamber (Sala de lo Penal) conducts the legal hearing on whether extradition should proceed. For EAW cases, the Audiencia Nacional applies Law 23/2014. For non-EU treaty cases, it applies the 1985 Passive Extradition Law.
Does Spain have an extradition treaty with the United States?
Yes. Spain and the United States are parties to the Extradition Treaty of 29 May 1970, supplemented by additional protocols. The treaty covers a broad range of offences including financial crime, narcotics, and cybercrime. Spain has extradited both Spanish and foreign nationals to the US under this treaty.
Can Spain refuse to extradite its own citizens?
Spain does not have a constitutional bar on extraditing nationals comparable to Germany or France. However, Spain may offer to prosecute its own nationals domestically rather than surrender them, particularly in EAW cases for certain offence categories. The Audiencia Nacional and the Council of Ministers both have roles in managing this option.
What are the political-offence exception grounds in Spain?
Article 4 of Spain’s 1985 Passive Extradition Law bars extradition for offences of a political nature. This has been applied in cases involving requests from Latin American states and in some historical cases involving Basque separatism. However, the exception does not apply to serious violent offences or acts of terrorism as defined in international conventions ratified by Spain.
Can I be arrested at a Spanish airport because of an INTERPOL Red Notice?
Yes. Spanish border police check INTERPOL databases, and an active Red Notice can trigger a provisional arrest at Madrid Barajas, Barcelona El Prat, or other Spanish entry points — including in transit. The formal extradition request must then be submitted within the period provided for in the applicable treaty or the person must be released. Challenging the Red Notice through the CCF before travel to or through Spain is the most effective preventive step.
