Extradition is a legal procedure that allows one state to request or grant the surrender of a person accused or convicted of committing a crime in another country. In practical terms, it is a mechanism of international judicial cooperation that ensures no one can evade justice by taking refuge outside the territory where the crime was committed.
At Nieto Enríquez criminal lawyers, criminal lawyers in Barcelona, we are specialists in international criminal law, offering comprehensive defense and legal advice in all extradition proceedings — both active extradition (when Spain requests the surrender of an individual) and passive extradition (when another country requests the surrender of a person located in Spain).
Advice on active and passive extradition cases
Our firm carefully analyzes each case to determine whether the extradition request meets legal requirements and the applicable international treaties.
- Active extradition: when Spain requests the surrender of a person wanted by Spanish justice.
- Passive extradition: when another country requests the surrender of a person located in Spanish territory.
In both situations, our lawyers provide specialized technical defense aimed at protecting the rights of the requested person and preventing unfair or unjustified extraditions that lack judicial guarantees.
Comprehensive service in extradition proceedings
At Nieto Enríquez criminal lawyers, we offer complete defense and advisory services in extradition cases, ensuring the protection of our clients’ rights throughout every stage of the process.
- Comprehensive legal advice: we assist both the requested individuals (passive extradition) and those seeking surrender (active extradition).
- Specialized technical defense: we protect the individual’s rights through a tailored legal strategy.
- Procedure management: we handle all legal steps, from reviewing the request to filing the appropriate appeals.
- Legal basis and treaties: we apply in-depth knowledge of the Passive Extradition Act, international criminal law, and the relevant international treaties.
- Grounds for refusal: we identify legal grounds to oppose extradition, such as statute of limitations, lack of double criminality, or absence of fair trial guarantees.
With both technical and human focus, we provide effective international criminal defense in complex extradition proceedings.
Legal basis of the extradition process in Spain
The extradition process in Spain is regulated by the Passive Extradition Act, as well as by bilateral and multilateral treaties signed with various countries. These instruments establish the conditions, limits, and guarantees of the process, including the circumstances in which surrender may be refused for reasons of criminal law or violations of human rights.
Our criminal lawyers are well-versed in both national regulations and international criminal law, allowing us to offer a solid defense against any extradition request.
Grounds for refusing extradition
In many cases, it is possible to oppose extradition by invoking legitimate grounds. The most common reasons include:
- Lack of double criminality (the act is not considered a crime in both countries).
- Statute of limitations or prior completion of the sentence.
- Political motivations or risk of ideological persecution.
- Lack of fair trial guarantees.
- Risk of torture or inhuman treatment in the requesting country.
At Nieto Enríquez criminal lawyers, we thoroughly examine each request to detect irregularities and effectively defend our clients’ interests.
Defense strategy in extradition proceedings
Each extradition case requires a personalized legal strategy, based on a thorough review of the case file, coordination with courts and authorities, and the presentation of legal arguments and evidence in defense of the requested person.
Our firm acts swiftly and precisely to ensure that fundamental rights are respected at every stage of the process.
Extradition is one of the most delicate procedures within international criminal law. At Nieto Enríquez criminal lawyers, we provide our clients with a team of experts in extradition cases, capable of acting quickly, rigorously, and effectively before both national and international courts.
Frequently asked questions about extradition
What is the difference between active and passive extradition?
Active extradition occurs when Spain requests the surrender of a person. Passive extradition takes place when another country requests the surrender of a person located in Spain.
What crimes can lead to extradition?
Almost all serious crimes, such as homicide, drug trafficking, fraud, or terrorism, can give rise to an extradition request, provided there is double criminality and a valid treaty between the two countries.
Can an extradition order be appealed?
Yes. Our criminal lawyers can appeal the decision before higher courts, including the Constitutional Court or the European Court of Human Rights.
What happens if extradition is denied?
If the Spanish court or government denies extradition, the person cannot be surrendered to the requesting state and retains their freedom or serves any sentence within Spain.
Why is it important to have a specialized criminal lawyer?
Because extradition is a complex process that requires specific knowledge of international criminal law, treaties, and constitutional guarantees. Only a law firm with proven experience in this field can effectively defend the rights of the requested person.
Abogada Penalista – Socia fundadora del despacho NIETO ENRIQUEZ Abogados Penalistas. Lidera un equipo de abogados especializados en Derecho Penal y Compliance. Cuenta con amplia experiencia en la dirección jurídica de todo tipo de asuntos penales y en la elaboración de programas de prevención de delitos e imparte formaciones a directivos y empleados en esta materia.
