Extradition is a complex legal process whereby one country requests another to surrender an individual accused or convicted of a criminal offense. This international procedure requires cooperation between states and is subject to strict legal frameworks. If you are asking yourself “what is the extradition process like?” or require professional advice in such a case, here is everything you need to know about this intricate procedure.

What Is Extradition and How Does It Operate in Spain?

‍In Spain, extradition is governed by a specific legal framework that enables cooperation with other countries for the surrender of alleged offenders. This procedure may be initiated either bilaterally, through extradition treaties, or within the framework of the European Union by means of the European Arrest Warrant (EAW).

The EAW is a mechanism that expedites the surrender of individuals among EU Member States. However, its implementation requires an in-depth understanding of both national and international law. If you are facing an extradition request in Spain, it is crucial to have the support of an experienced criminal defense lawyer who can guide you through each step of the process and safeguard your rights.

Grounds for Refusing Extradition: What Are Your Rights?

‍The European Arrest Warrant provides two categories of grounds for refusal of extradition:

1. Mandatory grounds:

• Prior pardon or acquittal.
• Prohibition against double jeopardy (non bis in idem).
• Minority of age of the accused.
• Statute of limitations under Spanish law.
• Formal defects in the request.
• Diplomatic or parliamentary immunity.

2. Optional grounds:

• Existence of pending proceedings in Spain.
• Spanish nationality or habitual residence with strong family or economic ties to Spain.
• Application of the principle of extraterritoriality.

Additionally, the Court of Justice of the European Union has recognized other grounds for refusing extradition, such as the risk that the requested person may be subjected to inhuman or degrading treatment, or the potential violation of their fundamental rights. These concerns are particularly relevant where the judicial or penitentiary system of the requesting state does not guarantee minimum standards of respect for human rights.

The Importance of Legal Counsel in Extradition Cases

‍Extradition proceedings are highly technical and demand a thorough knowledge of criminal law, international law, and human rights law. At our criminal defense practice, we have a team of lawyers specialized in extradition proceedings. Our objective is to ensure that all your rights are protected, from the initial review of the request to representation before the courts.

Moreover, we act strategically to explore all legal avenues that may lead to refusal of extradition, whether invoking mandatory or optional grounds, or risks to the physical or moral integrity of the requested person. In cases where statutory deadlines for surrender are not met, we will pursue your immediate release, always prioritizing your defense and well-being.

As expert criminal defense attorneys, Fukuro Legal advises and represents clients in connection with all categories of criminal offenses.