Extradition in Spain is the legal process where convicted, or suspected criminals are forced to surrender to another country. These individuals have been accused of a crime in another nation and therefore must be sent back to that country for trial. According to Spanish law, extradition can only occur if the crime committed is a serious offence that is considered a crime in Spain as well, and the punishment carries a prison sentence of at least one year. Treaties between countries govern this extradition process.
If you or a loved one are facing extradition from Spain, contact Lusa Legal today. We have the knowledge and expertise to give you the legal representation you require.
What is European Arrest Warrant?
In 2002, the European Union was faced with the threat of terrorism. In response to this, they hurriedly created the European Arrest Warrant (EAW) in an attempt to create a fast-tracked procedure that would allow them the ability to better deal with serious cross-border crimes. While this act has made dealing with international terrorists a more manageable process, it also means that you require legal representation much faster as well. The faster your lawyer is able to provide you with their services, the better the outcomes of the extradition hearing.
What is the extradition process in Spain like?
In order for extradition to occur, the accused must be brought before the Audiencia Nacional (The Spanish National Court). Here there will be a complete review of the case to ensure there is sufficient evidence to support the decision of extradition. The extradition will be either approved or denied. If approved, all accused have the opportunity to work with their legal team to appeal the extradition decision. This appeal will be presented in front of the Criminal Chamber in Spain.
Interpol may become involved in some extradition cases by issuing a provisional arrest. In these circumstances, the Spanish authorities will decide if there is enough evidence to make these arrests and ensure that all aspects of the extradition proceedings Spain requirements have been met.
Prior to the completion of the extradition process to the requesting nation, the courts will look into the accused’s personal situation and will be given all relevant information about the extradition process. If the accused wishes, they can provide their full consent to be extradited and forgo the usual and lengthy legal proceedings. Otherwise, their legal team will play a crucial role in handling the extradition process.
How legal representation can help with extradition defence in Spain?
Legal representation can help with the following activities as they relate to issues of extradition:
- Legal representation in front of a judge at the Audiencia Nacional (The Spanish National Court).
- Organizing visits for family members to the accused being detained.
- Assisting with banking issues while the accused is detained.
- Presenting appeals.
- Recovering personal possessions.
- Contacting embassies and consulates.
- Working with lawyers and other legal bodies in the nation requesting extradition to create a well-defined defence.
While extradition may seem like a guaranteed process, there have been many circumstances where the extradition procedure in Spain has denied extradition requests by other nations. Sound legal counsel from a Spanish lawyer is crucial. A judge has the right to decide if extradition is warranted, and can choose to rule against this request if there is a lack of evidence or if the proper conditions for extradition are not met.
Deportation from Spain can also be postponed if the accused is waiting to stand trial for an unrelated crime in Spain or if they are already serving a jail sentence in a Spanish jail.
The key to avoiding deportation from Spain is by having an experienced extradition lawyer Spain. The proper legal representation could mean the difference between proving your case and being forced into the hands of another state. While treaties do govern the extradition process, there are many ways that an expert in Spanish law, like those at Lusa Legal, can help. Contact us today, and allow us to represent you.
