Law on Passive Extradition of 21 March 1985 | Criminal Procedure Act of 14 September 1882
Extradition Lawyers in Spain
Procedure for Passive Extradition | Procedure for Active Extradition
Spanish Law and the Principle Phases of Extradition Procedures | We specialize in Extraditions
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...The extradition request for the fugitive, and the arrest warrant issued by the relevant Central Court are forwarded by the police to the Ministry of Justice. The extradition documentation should have reached the Spanish Authorities within forty days of the fugitive's detention. Otherwise, the Judicial Authority will order the release of the fugitive.... We are Extradition Lawyers in Spain
PASSIVE EXTRADITION | Spanish Law on Extradition Procedures
Law on Passive Extradition of 21 March 1985 | The Best Extradition Lawyers in Spain
The procedure for passive extradition in Spain comprises three principle phases:
1. First Phase (Administrative)
In this first administrative phase the documentation for extradition should be followed in the following instances:
■Embassy of the requesting State
Presentation of the extradition request to the Ministry of Foreign Affairs. Certain countries are able to transmit documentation on extradition direct to the Ministry of Justice, such as, for example, those who have ratified the Second Additional Protocol to the European Convention on Extradition.
■Ministry of Foreign Affairs forwards the extradition request to the Ministry of Justice
■Ministry of Justice
The extradition request for the fugitive, and the arrest warrant issued by the relevant Central Court are forwarded by the police to the Ministry of Justice. The extradition documentation should have reached the Spanish Authorities within forty days of the fugitive’s detention. Otherwise, the Judicial Authority will order the release of the fugitive.
■Council of Ministers decides whether to proceed with or suspend the extradition procedure
2. Second Phase (Judicial)
If the Council of Ministers decides to proceed with the request for extradition, the latter will move into the judicial phase. The stages are as follows:
■Central Office of the National Court
A second period of forty days is fixed upon the receipt of the documents, to enable the Court to obtain the authority of the Council of Ministers to proceed with the extradition. The extradition documentation and a translation will normally be attached to this authority. There are two possibilities here:
a) If the fugitive agrees to be extradited, a confirmation document will be sent to the Ministry of Justice, which will also trigger the third phase (administrative).
b) If the fugitive does not agree to being extradited, his/her case will be referred to the Criminal Chamber of the National Court.
■Criminal Chamber of the National Court
There are two alternatives at this stage:
1. Final decision, which will allow the case to proceed to the third (administrative) phase;
2. Lodging of an appeal (a single, ordinary appeal) which will be considered by the Criminal Chamber in plenary session.
■Criminal Chamber in plenary session
Pronouncement of the final decision which will trigger the third (administrative) phase.
We specialize in Extradition Procedures | Extradition Lawyers in Spain
3. Third Phase (Administrative)
■Ministry of Justice
If the Ministry decides to proceed with the extradition, the case shall be referred for final consideration by the Council of Ministers.
■Council of Ministers
Agreement to refuse extradition or to surrender the fugitive.
4. Possible procedural issues
■ The lack of an essential document or necessary information (for example, to ensure dual criminality) can be supplied on request
■ In cases where the extradition request is based on sentences passed in absentia, and in relation to certain countries, some difficulties have arisen when the Spanish judicial authorities have requested guarantees on the fugitive being offered a new trial, in accordance with Article 2, paragraph 3 of the Law on Passive Extradition.
■ At the same time, guarantees are sought for the non-implementation of sentences which are contained in the Criminal Law of certain countries, and which are not covered by Spanish law, such as life sentences, enforced manual labour, or sentences which are in excess of the maximum 30 years set out in Spanish law. Moreover, the Spanish judicial authorities, before surrendering the fugitive to the requesting State, can request remand or other prison sentences.
ACTIVE EXTRADITION | Spanish Law on Extradition Procedures
Criminal Procedure Act of 14 September 1882 | Consult with Extradition Lawyers in Spain
During the procedure followed by the Ministry of Justice on extradition documentation, the relevant judicial authority should issue an international arrest warrant which should be transmitted through Interpol. When the fugitive is arrested, Interpol will inform the judicial authority which made the extradition request.
The principle stages to be followed in terms of required documentation in extradition cases are as follows:
■National or High Court of Justice
The High Court of Justice with jurisdiction, or the Magistrates’ Court prepares the documentation which will normally include the sentence to be imposed, the grounds for arrest or arrest warrant, where applicable, rogatory letters, the charge from the Public Prosecutor’s Department and the relevant legal statutes.
■Spanish Ministry of Justice
The documentation received is verified by the Mutual Legal Assistance Division. Where necessary, the relevant legal statutes which had not been sent before, or essential documents which are to be brought before the court are added. This documentation should be translated into the language of the requested country, in accordance with that country’s law, or the relevant treaty.
■Council of Ministers
Authority to proceed with the active extradition procedure. This authority will be sent to the Department of Consular Affairs, together with the above-mentioned documentation and translations, as well as to the judicial authorities making the request and Interpol.
■Ministry of Foreign Affairs
The Department of Consular Affairs will send the request to the relevant authorities.