What is extradition?

Extradition is a legal procedure that allows a state to request or grant the surrender of a person accused or convicted of a crime committed 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 , and we offer comprehensive legal defense and advice in all procedures related to extradition , both in its active aspect (when Spain requests the surrender) and passive aspect (when another country requests it from Spain).

Advice in cases of active and passive extradition

Our firm analyzes each case with precision to determine whether the extradition request complies with legal requirements and current 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 who is in Spanish territory.

In both cases, our lawyers offer specialized technical defense focused on protecting the rights of the defendant and preventing unfair deliveries or deliveries lacking judicial guarantees.

Comprehensive service in extradition criminal proceedings

At Nieto Enríquez Criminal Lawyers we offer a complete defense and advice service in extradition cases , guaranteeing the protection of the client’s rights in all phases of the process.

• Comprehensive advice: We provide guidance to both those being sought ( passive extradition ) and those requesting extradition ( active extradition ).
• Specialized legal defense: We protect the rights of the individual through a legal strategy adapted to each case.
• Procedure management: We handle all legal procedures, from reviewing the application to filing the corresponding appeals.
• Legal basis and treaties: We apply in-depth knowledge of the Passive Extradition Law , International Criminal Law and current international treaties.
• Reasons for refusal: We identified reasons to oppose the surrender, such as prescription , lack of double criminality or absence of guarantees of a fair trial .

With a technical and human approach, we offer effective international criminal defense in complex extradition proceedings.

Legal basis of the extradition criminal process in Spain

The extradition process in Spain is regulated by the Passive Extradition Law , 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 under which extradition may be denied for reasons of criminal law or human rights violations.

Our criminal lawyers are experts in national regulations and International Criminal Law , enabling us to provide a strong defense against any extradition request.

Reasons for denying extradition

In many cases, it is possible to oppose extradition on legitimate grounds. Among the most frequent grounds are:

• Lack of double criminality (when the act is not a crime in both countries).
• Statute of limitations for the crime or prior fulfillment of the sentence.
• Political motivations or risk of ideological persecution.
• Lack of guarantees of a fair trial .
• Risk of torture or inhuman treatment in the requesting country.

At Nieto Enríquez Criminal Lawyers, we analyze each application in detail to detect irregularities and effectively defend the client’s interests .

Defense strategy in the face of extradition proceedings

Each extradition case requires a personalized legal strategy , based on a thorough review of the case file, coordination with courts and competent authorities, and the presentation of arguments and evidence in defense of the accused.
Our firm acts quickly and accurately to ensure respect for fundamental rights at all stages of the process.

Extradition is one of the most sensitive procedures in international criminal law. At Nieto Enríquez Criminal Lawyers , we provide our clients with an expert extradition team capable of acting swiftly, rigorously, and effectively before national and international courts.

Frequently asked questions about the extradition process

What is the difference between active and passive extradition?

Active extradition occurs when Spain requests the surrender of a person. Passive extradition occurs when another country requests the surrender of someone who is in Spain.

What crimes can lead to extradition?

Almost all serious crimes, such as homicide, drug trafficking, fraud or terrorism, can lead to an extradition request, provided there is dual criminality and a treaty in force between the two countries.

Can an extradition order be appealed?

Yes. Our criminal lawyers can appeal the decision to higher courts , including the Constitutional Court or the European Court of Human Rights.

What happens if an extradition is denied?

If the court or the Spanish Government denies extradition , the person cannot be handed over to the requesting State, and their freedom or the fulfillment of sentences within the national territory is maintained.

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 firm with experience in this area can effectively defend the rights of the person sought .