When a businessman, a member of an influential family, or anyone involved in international business receives notification of a European Arrest Warrant (EAW), concern is immediate. A European Arrest Warrant is a judicial tool created by the European Union to enable one country to request the arrest and surrender of a person in another member state quickly, without the lengthy political procedures of traditional extradition. In practice, it works like an express extradition: the police identify the wanted person and bring them before the National Court to decide on their surrender.
When can a European arrest warrant be issued?
The EAW is only activated in serious cases. A European judge may issue it when:
- A serious crime is being investigated. and the person must be tried in the requesting country. The list includes terrorism, drug trafficking, economic crimes, corruption, homicide, and human trafficking. For these crimes, there is no requirement to review the principle of double criminality, which speeds up the procedure.
- There is a final conviction. and the convicted person must serve their sentence in the country that handed down the sentence. In most cases, the sentence must be more than one year in prison.
In short, the European arrest warrant is reserved for crimes of a certain seriousness and allows a citizen to be handed over to another EU member state to be tried or serve a sentence without delay.
What happens if you are arrested in Spain under a European arrest warrant?
The National Court is the competent body for processing all European arrest warrants in Spain. The procedure is characterized by its speed:
- Arrest and appearance before a judge within a maximum of 72 hours. If the person is a minor, the period is reduced to 24 hours. At the first hearing, the judge informs them of the reason for their arrest and the existence of the European arrest warrant and asks them if they accept the surrender.
- Summary proceedings. If the person does not voluntarily consent, a process begins in which the formal validity of the EAW, the equivalence of crimes, and the guarantees of the requesting country are analyzed. The law sets a general deadline of 60 days for resolution, extended to 10 days if there is consent.
- Decision without government intervention. Unlike extradition with third countries, surrender under a European arrest warrant is decided exclusively by the judge; there is no political filter.
Throughout the entire procedure, your rights must be respected: the right to information, the right to a lawyer, the right to an interpreter, and the right to remain silent. Specialized defense is essential to detect defects in the OEDE and to argue grounds for denial.
Recent statistics: the reality of European arrest warrants in figures
According to the European Commission's report on the use of European arrest warrants in 2022, 7,346 people were arrested under European arrest warrants. and 8,098 surrender procedures were initiated in the Member States. Approximately 67.87% of arrests resulted in effective surrender. In addition, 5,125 European arrest warrants led to successful surrenders as issuing states, and 4,540 persons were effectively surrendered as executing states.
These figures show the seriousness of the mechanism.: most arrests result in extradition. However, they also highlight the importance of having a technical defense. At Venfort Abogados, we analyze every detail and look for formal or substantive defects that allow us to stop extradition when it violates our client's rights.
Why choose Venfort Lawyers?
- Proven experience. With over 20 years of experience in international criminal defense, our attorneys have represented businesspeople, senior officials, and wealthy families in Euro-warrant proceedings and before Interpol. Led by Dr. Alan Aldana, a renowned expert in international criminal law, we have succeeded in suspending or overturning numerous surrender orders thanks to solid strategies and precise arguments.
- Personalized and discreet service. We know that a European arrest warrant affects your reputation and freedom. We listen to your side of the story, evaluate the evidence, and explain your options in clear language. We maintain absolute confidentiality.
- Comprehensive defense before Interpol. Our experts also challenge and achieve the cancellation of red alerts and other notifications to the CCF, preventing the international dissemination of unjustified data and alerts. We have obtained the withdrawal of red alerts when we demonstrated that the person was not actually wanted or that the order violated Interpol's rules.[5].
- International network of contacts. We coordinate with lawyers in other countries to obtain documentation, evidence, and guarantees, and we collaborate with experts who verify violations of fundamental rights in the claimant country.
Conclusion: your freedom deserves the best defense
The European Arrest Warrant is an effective mechanism for combating crime in the EU, but it can be used disproportionately. If you receive a notification or are arrested by an OEDE, don't wait. The tight deadlines—72 hours to appear before a judge and 60 days to decide—mean you have to act immediately. Experience shows that two out of three arrests end in surrender[2]. With specialized legal assistance, it is possible to reverse this trend.
At Venfort Lawyers, we offer high-level criminal defense., with personalized strategies and a track record of favorable outcomes. We are available 24 hours a day to evaluate your case and accompany you every step of the way. Call us today and entrust your freedom to a team that specializes in European arrest warrants and defense against Interpol..
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[5] About Red Notices
