Why foreigners get caught out
A person arrested on an EAW is often unsure what they are accused of in the other country and may agree to be surrendered without knowing the consequences. Others are held in custody when they could have been released with conditions. Coordinating with a lawyer in the requesting country from the first hours makes a real difference.
When you are arrested in Spain on a European arrest warrant
Arrest and rights
The person is arrested by the Spanish police, informed of the warrant and of their rights, including a lawyer, an interpreter and contact with their consulate. See your rights when arrested in Spain.
The hearing before the National Court
Within 72 hours, the person is brought before a central investigating judge of the National Court. The judge explains the warrant, asks whether they consent to surrender and decides whether to keep them in custody or release them with conditions, such as surrendering their passport and reporting regularly.
Consent or opposition
Consenting speeds up surrender. Opposing allows the defence to argue grounds for refusal or to ask for guarantees, such as the return of a Spanish national or resident to serve any sentence in Spain.
Grounds for refusing surrender
- The person has already been tried for the same facts (double jeopardy).
- The offence is time-barred under Spanish law, in the cases where Spain has jurisdiction.
- The warrant does not meet the formal requirements or the facts are not a crime in Spain, when double criminality is required.
- The person was convicted in absence without the procedural guarantees required.
- Spanish nationals or residents may ask to serve the sentence in Spain.
When Spain issues the warrant
If you leave Spain while a criminal case is pending and do not respond to court summonses, the judge can declare you in default (rebeldía) and issue a search and arrest warrant and, if you are in another EU country, an EAW. Often this can be avoided, or an existing warrant withdrawn, by appearing voluntarily through a lawyer. See leaving Spain during a criminal case.
Non-EU countries: extradition
With countries outside the EU, including the United Kingdom since Brexit, surrender is governed by extradition treaties or the EU-UK Trade and Cooperation Agreement, with their own procedures and deadlines.
A practical example
A German national was arrested at Palma airport on an EAW for an old fraud case. We contacted his German lawyer and showed that the case had been settled with the victim. The judge released him with conditions and the German court withdrew the warrant within weeks. More information on the firm's main website: European arrest warrants and extradition (in Spanish).
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about European arrest warrants
Which court decides on a European arrest warrant in Spain?
The National Court (Audiencia Nacional) in Madrid, through its central investigating courts.
Can I be released while the warrant is decided?
Yes. The judge can release you with conditions such as surrendering your passport and reporting regularly.
How long does the surrender procedure take?
About ten days if you consent and up to sixty days if you oppose, which can be extended.
Can I avoid a Spanish warrant if I have already left Spain?
Often, by appearing voluntarily in the case through a lawyer and giving an address for notifications.