Spain is among the most active European states in the field of international legal cooperation. Every year, hundreds of people find themselves facing the threat of extradition — often without understanding what is happening or what rights they have. This guide is based on 20 years of practice and hundreds of real cases.
Spain does not extradite automatically — there is a mandatory judicial procedure
Many people assume that once an extradition request arrives, extradition is inevitable. That is not the case. In Spain, every extradition request goes through the Audiencia Nacional — the National Court — and only the court makes the final decision.
The government cannot hand a person over without judicial authorisation. A detained person has the right to a full legal defence, the right to appeal the decision, and the right to demand a review of the lawfulness of the detention.
There are three different extradition mechanisms — and each works differently
Confusion between types of requests is one of the main causes of poor decisions in the first hours. It's important to understand the difference:
INTERPOL / Red Notice: Is not itself an arrest warrant. Spain may detain someone based on it, but must carry out its own independent assessment. A Red Notice can be challenged and withdrawn through INTERPOL's CCF.
Bilateral treaty: Applies with non-EU countries (Russia, Ukraine, Kazakhstan, etc.). The procedure is longer, and there are more grounds for refusal.
The first 72 hours are the most important in the whole case
At the moment of detention, the court schedules a first hearing within 72 hours. This hearing decides the precautionary measure: pre-trial detention pending the court's decision, or release on bail or under other conditions.
A lawyer who does not specialise in extradition may miss the chance to secure release at this very stage. This can mean months in pre-trial detention while the case is being examined.
Spain has clear grounds for refusing extradition
Spanish courts are required to refuse extradition when certain circumstances are present. These are not exceptions — they are legal norms that are applied regularly:
An experienced lawyer identifies the applicable grounds from the very first consultation — in most cases, they exist.
Timeframes for the procedure: from a few months to several years
This is important to understand both from a defence strategy perspective and for personal planning.
Traditional extradition: The procedure can last 12–36 months across all instances. During this period, the court sets the precautionary measure.
The length of the process is not only a source of stress but also time to strengthen the defence position: gathering evidence, building new grounds, and working in parallel with the requesting country.
Your assets and family are also at risk — and they can be protected
Alongside the criminal case, requests to freeze assets, seize accounts, or restrict access to property are common. Where there are EU-citizen children involved, questions of custody and residence also arise.
A professional extradition defence includes preventive measures for assets and family matters — these cannot be left for later.
Choosing your lawyer may be the most important decision in the entire case
Extradition is a narrow specialisation at the intersection of Spanish law, international law, and diplomatic practice. A general criminal defence lawyer, even a very good one, does not have the necessary expertise.
When choosing a lawyer, ask three questions:
2. Do you have experience with requests from [specific country]?
3. How do you handle parallel requests through INTERPOL?
Olexander Predytkevych has specialised exclusively in international cases and extradition since 2005. 20+ years, 847 cases, 99% success rate.
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