Extradition lawyer Spain
Pellicer&Heredia: criminal lawyers specialising in international extraditions
At Pellicer&Heredia, we understand the complexity and sensitivity of extradition proceedings. Our extradition law firm offers expert advice and robust legal representation to individuals facing extradition requests, whether for criminal or civil reasons.
Our team of extradition lawyers has extensive knowledge of the complex legal and diplomatic procedures involved in protecting your rights and fighting for the most favourable outcome. Whether you need defence against extradition or assistance in facilitating it fairly and in accordance with the law, Pellicer & Heredia provides you with unparalleled legal support, ensuring that every step is handled with the utmost precision and care. Translated with DeepL.com (free version)
Do you require legal defence in extradition proceedings?
You are just one step away from having access to lawyers who specialise in extradition and international judicial cooperation. Tell us about your situation and one of our solicitors will contact you to offer immediate, confidential and personalised legal advice, protecting your rights throughout the process.
What is extradition?
Extradition is a legal procedure whereby one State requests another to surrender a person to stand trial or serve a sentence for crimes recognised in both countries, in accordance with international treaties. This process is governed by strict legal and human rights guarantees, such as the principle of double criminality, and has safeguards in place to prevent abuse or undue persecution. Having a solicitor who specialises in extradition is key to protecting the rights of the person concerned and ensuring compliance with international regulations.
Extradition treaties affecting Spain
Spain has an extensive network of extradition treaties that enable international judicial cooperation in criminal matters. These agreements, both bilateral and multilateral, regulate the surrender of persons accused or convicted of crimes, ensuring respect for fundamental rights.
- European Convention on Extradition (1957): Facilitates extradition between Council of Europe member states under a common legal framework.
- Extradition agreement between Spain and the United Kingdom (post-Brexit): It maintains criminal judicial cooperation between both countries after Brexit, in force since April 2021.
- European Arrest Warrant (EAW): European Union mechanism that replaces traditional extradition, speeding up the transfer of persons between Member States.
- Bilateral treaties with non-European countries: Spain has extradition agreements with countries such as the United States, Canada, Australia and various Latin American states.
- United Nations international agreements: Spain participates in international treaties that include provisions on extradition, such as the Convention against Transnational Organised Crime.
Our role as extradition criminal solicitors
Active extradition
Active extradition occurs when Spain requests another State to surrender a person to be tried or serve a sentence in Spanish territory. In these cases, lawyers are involved in preparing and processing the request, providing evidence, representing clients in international proceedings and advising victims who request the extradition of the perpetrator to Spain.
Passive extradition
Passive extradition occurs when Spain receives a request from another country to hand over a person who is in its territory. The solicitor’s work focuses on defending the person sought, analysing the legality of the request, protecting their fundamental rights and, where appropriate, negotiating legal alternatives or preparing for a possible risk of extradition.
Law firm specialising in extraditions
We have a deep understanding of international laws and treaties, as well as relevant national legislation. Our main duties and responsibilities as extradition criminal lawyers include:
Comprehensive advice on extradition
We explain the extradition process, the rights of the person concerned, the available defence strategies and the legal consequences of each scenario.
Legal representation at all stages
We defend our clients before courts and competent authorities during all stages of the extradition process.
Filing of appeals and motions
We prepare and submit legal remedies to challenge extradition requests that do not meet legal requirements.
Negotiation with national and international authorities
We negotiate alternatives to extradition or better surrender conditions, where the legal framework allows.
Protection of human rights
We ensure that no extraditions take place that violate fundamental rights, such as the risk of torture or lack of procedural guarantees.
Coordination with international solicitors
We collaborate with law firms and legal experts in other countries to devise effective defence strategies in international proceedings.
Asylum and international protection
We advise on political or personal risks arising from extradition and process applications for asylum or international protection.
Preventive extradition risk analysis
We assess risk situations before a formal request is made and design preventive legal plans to protect the client.
Pellicer&Heredia extradition lawyers in Spain
At Pellicer&Heredia, as solicitors specialising in extradition proceedings, we deeply understand the challenges and inherent complexity involved. Our experience and expertise position us as one of the best law firms for legal representation in extradition cases, where our clients' fundamental rights and freedom are at stake. We are dedicated to providing a meticulous and strategic defence, combining a thorough knowledge of international and national laws with solid experience in inter-jurisdictional negotiation.
Our team is committed to protecting your rights at every stage of the extradition process. From assessing the validity of the extradition request and presenting robust arguments against extradition in cases of potential injustice or human rights violations, to handling all aspects of litigation and appeal. At Pellicer & Heredia, we strive to obtain the best possible outcome for our clients, ensuring that they are informed and supported at all times.
Questions about defence in international extradition cases
Which countries have extradition agreements with Spain?
Spain has bilateral treaties and multilateral agreements on extradition with numerous countries around the world. Below is a list grouped by geographical region:
- European countries: Spain has extradition agreements with practically all European countries, including the United Kingdom. This is particularly the case through the European Convention on Extradition and the European Arrest Warrant (EAW), applicable between European Union countries.
- Central and South America: where treaties have been signed with most Latin American countries, such as Argentina, Mexico, Colombia, Chile, Peru, Venezuela, Ecuador, Brazil, Bolivia, Uruguay, Paraguay, Panama, Costa Rica, and the Dominican Republic, among others.
- African countries: Spain has agreements with certain countries, such as Morocco, Algeria, Egypt, Tunisia, South Africa, and Cape Verde.
- Asia and the Middle East: Spain also cooperates on extradition matters with countries such as China, India, Japan, Israel, Turkey, Lebanon, the Philippines, South Korea, Saudi Arabia and Pakistan.
- Rest of the world: there are also treaties with key countries such as the United States, Australia, Canada, and New Zealand.
How long does an extradition process take?
The duration of an extradition process can vary considerably depending on the specific case, but in general terms, the time frame usually ranges from several months to over a year. The factors that influence the total length of the procedure are:
- Case complexity: If there are several charges, multiple jurisdictions, or incomplete documentation, the process is prolonged.
- Requesting country: The type of agreement in place between Spain and the country requesting extradition (bilateral, European, multilateral) determines the speed of the procedure.
- Legal remedies sought: The filing of appeals or constitutional protection remedies before the Constitutional Court may significantly extend the duration.
- Collaboration between states: The smoother the judicial cooperation between the countries involved, the faster the process tends to move forward.
Can an international extradition order be avoided?
Yes, in certain cases it is possible to avoid extradition if it can be proven that the surrender would violate fundamental rights, such as the risk of torture or the lack of judicial guarantees in the requesting country.
Each situation requires individual analysis. One of our extradition solicitors can study the case and present the necessary legal arguments to oppose the surrender.
In what cases can extradition be refused?
An international extradition order may be denied if certain legal circumstances apply. Among the most common are the statute of limitations for the crime, the absence of double jeopardy (the act is not a crime in both countries), or the political motivation behind the request.
It may also be refused if the defendant is a Spanish national, if they have already been tried for the same offences in Spain or another country (principle of non bis in idem), or if the documentation submitted is incomplete or incorrect. The legal defence must assess all these elements in order to effectively oppose the surrender.
What happens if the person being sued has dual nationality?
In this case, one of the countries may refuse to extradite her if she is a national of that country, as many states—including Spain—do not extradite their own citizens. In that case, they may offer to have her serve her sentence in their territory instead of handing her over.
However, the decision will depend on the applicable treaty and the circumstances of the case. Dual nationality does not automatically guarantee that extradition will be denied, so it is essential to seek specialised legal advice.
What should I do if I receive an extradition notice?
If you receive an order to be extradited to another country, the most important thing is to act quickly. Do not try to deal with the process on your own or sign anything without advice. Extradition is a complex procedure with very strict deadlines and serious consequences if not handled correctly from the outset.
At Pellicer Heredia, we have criminal lawyers who are experts in international law and extradition proceedings. Contact us as soon as possible so that we can study your case, protect your rights and design an effective legal strategy from the outset.