When can Spain hand over a person to another country, and when can it refuse to do so?
In Spain, extradition is regulated by Law 4/1985 on Passive Extradition and by the international treaties signed by the Spanish State.
The decision is made by the National Court (Audiencia Nacional) after a judicial hearing, while the Council of Ministers issues the final ruling.
Main Principles:
- Extradition is only possible if the offence is punishable in both Spain and the requesting country (principle of double criminality).
- Extradition is not granted for political, military, or religious offences, nor if there is a risk of persecution, torture, or violation of human rights.
- If the person cooperates with the justice system of their home country (for example, by attending hearings online), this may be grounds for refusing extradition.
Within the EU, the European Arrest Warrant (EAW) applies — a simplified form of extradition. The process is fast — it can be resolved within up to 60 days. Decisions are made directly by courts, without government intervention.
Lapchynskyi Partners provides legal assistance in extradition proceedings, international arrest warrants, and matters involving cooperation between judicial authorities in Spain and the requesting country.
