Extradition Spain Dominican Republic

Extradition between Spain and the Dominican Republic: what to do in the event of an arrest, request or Interpol Red Notice

By Dr. Alan Aldana · Practicing lawyer in Spain and Venezuela · Founding partner and Managing Partner of VENFORT Abogados

Knowing that there is a criminal investigation, an arrest warrant, an Interpol alert, or an extradition request can generate an immediate reaction of uncertainty. However, extradition is not decided automatically: it is subject to a treaty, a judicial process, and guarantees that must be examined on a case-by-case basis.

In these situations, the first decisions are especially important. A hasty statement, an international trip, or an strategy adopted without knowing the details of the case can affect the defense for months.

There is a bilateral extradition treaty between Spain and the Dominican Republic that remains in effect. This is in addition to the recent reform of Dominican criminal and procedural law. This guide explains, in a practical way, what must be checked and what are the main points of defense.

Quick response: what you need to know about extradition between Spain and the Dominican Republic

  • The Treaty on Extradition and Judicial Assistance in Criminal Matters between Spain and the Dominican Republic remains in force. It was signed in Madrid on May 4, 1981 and entered into force on November 20, 1984.
  • An INTERPOL Red Notice is not, by itself, an international arrest warrant. It is a request for location and provisional detention whose execution depends on the laws of each country.
  • Temporary detention has time limits. If the formal request for extradition does not arrive within the timeframe stipulated by the treaty, the person cannot remain detained indefinitely awaiting the requesting State.
  • Extradition does not determine guilt. The Spanish procedure analyzes whether the requested delivery meets legal and conventional requirements.
  • Allegations of political persecution, lack of guarantees or violation of rights must be proven on an individual basis. General statements about a country are often insufficient.

What to do during the first few hours if there is a risk of extradition

If a person has been arrested in Spain or has reasonable grounds to believe that they may be claimed by the Dominican Republic, it is advisable to adopt an organized strategy from the outset.

1. Not declaring without legal assistance

Before giving testimony, it is necessary to know which authority requests the detention, what the judicial title supporting it is and what facts are attributed to it.

An improvised explanation can introduce contradictions or information that later becomes difficult to correct.

2. Determine what measure actually exists

It's not the same:

  • a Red Notice from INTERPOL;
  • a police dissemination;
  • a judicial order of detention;
  • an application for provisional detention for extradition purposes; or
  • a formal request for extradition.

Each figure has different effects and requires a different response.

If the problem begins with an international alert, VENFORT has a specific practice for handling it. Defending against INTERPOL Red Notices and procedures before the File Review Committee.

3. Gather the documentation before building the defense

It must be collected, among other documents:

  • known judicial decisions;
  • arrest warrants;
  • background of the procedure;
  • identity and residence documents;
  • family and professional ties;
  • relevant corporate information;
  • medical documentation, when applicable; and
  • any element that allows for the crediting of a possible persecution, discrimination or specific violation of rights.

In extradition, strong arguments are usually built on documents, dates, and verifiable facts.

Is the extradition treaty between Spain and the Dominican Republic still in effect?

Yes.

The Treaty on Extradition and Judicial Assistance in Criminal Matters between Spain and the Dominican Republic It remains in force and constitutes the main reference for a bilateral request for delivery.

Spain published its Instrument of Ratification in the Official State Gazette From November 14, 1984. The Dominican Republic Ministry of Foreign Affairs continues to identify the treaty as in force and there are recent decisions in which it has been applied.

In Spain, the framework is complemented by Article 13.3 of the Spanish Constitution and, as a supplementary measure, by Law 4/1985 on Passive Extradition.

How an extradition in Spain requested by the Dominican Republic works

Although each case may have its own specificities, the procedure usually involves several stages.

Detention and referral to judicial authorities

When an arrest is made for extradition purposes, the person must be placed at the disposal of the Central Investigation Court of the National Audience.

In this phase, the issue of provisional imprisonment and other precautionary measures can be discussed.

Receipt of the formal request

The Dominican Republic must submit the extradition request through the established channels and accompany it with the documentation required by the treaty.

The defense must verify not only that the documentation exists, but also that it sufficiently describes the facts, identifies the judicial title, and allows for determining why the person is being sued.

Government intervention and judicial phase

After the appropriate proceedings have been carried out, the case is referred to the Criminal Chamber of the National Court.

There, a hearing is held with the intervention of the Public Prosecutor’s Office and the defense. The Chamber decides by reasoned decision whether the requirements for the delivery are met.

The judicial decision may be subject to the legal remedies provided for.

Governmental decision on the delivery

Spanish passive extradition combines a judicial phase with a subsequent intervention by the government in the terms established by law.

For that reason, the defense must understand the case as a complete procedure and not merely as the holding of a hearing before the National Court.

To learn about the firm's approach to these types of proceedings, please consult the page Extradition lawyers in Spain and defense before the National Court.

Extradition for money laundering and economic crimes

One of the first analyses consists of determining whether the facts for which the extradition is requested constitute a crime in both Spain and the Dominican Republic.

It is the beginning of dual criminality.

The examination should not be limited to the name that the requesting State gives to the crime. What is relevant is to study the described facts and verify their legal correspondence in both legal systems.

This issue may be especially important in investigations involving:

  • Money laundering;
  • corruption;
  • unfair administration;
  • appropriation or diversion of funds;
  • fraud;
  • societary crimes; and
  • other economic behaviors.

The Auto 89/2022 of the National Court shows the importance of this analysis. In that case, extradition was admitted for certain crimes, but asset laundering was excluded because the factual description did not justify the required correspondence for that specific crime.

Consequently, a technically accurate defense can argue the delivery regarding one or more offenses even if it cannot exclude the entire request.

Political persecution and extradition: what must be proven

The treaty explicitly addresses this issue.

Its Article 4.2 allows the rejection of extradition when there are reasonable grounds to believe that an application made for a common crime actually seeks to punish a person for their political opinions, race, religion or nationality.

The difficulty lies in the test.

Spanish courts usually require elements that connect the general situation of the country with the specific reality of the person claimed.

Therefore, a claim of political persecution must be built upon, when there are grounds for it, through elements such as:

  • history of harassment;
  • related judicial or administrative decisions;
  • public statements by authorities;
  • verifiable chronologies;
  • parallel procedures;
  • actions against family members, partners or persons associated with the company;
  • relevant international reports; and
  • any evidence that allows establishing an individual link between the criminal claim and the alleged prosecutorial purpose.

A defense of this nature does not gain strength by being more extensive, but by better demonstrating that link.

Risk to fundamental rights and conditions of detention

Spanish courts can also examine whether the delivery would result in a violation of fundamental rights.

But, again, the defense must individualize the risk.

It is not usually sufficient to state that there are general problems in the penitentiary or judicial system of the requesting State. It must be explained why those circumstances actually affect, concretely and predictably, the person whose extradition is requested.

The treaty also contains specific provisions regarding certain penalties and the circumstances in which guarantees must be required from the requesting State.

When this reason for opposition is relevant, medical, penitentiary, judicial or international documentation must be incorporated from an early stage.

What has changed recently in the criminal legislation of the Dominican Republic

Dominican legislation has undergone significant changes that may impact on the defense strategy and the interpretation of the origin procedure.

New Code of Criminal Procedure

The Law No. 97-25, The new Criminal Procedure Code was promulgated on December 7, 2025 and published on December 8, 2025.

The reform regulates, among other matters, international legal cooperation and mechanisms related to extradition.

Therefore, when a Dominican request arrives in Spain, it is important to determine which procedural rule governs the original procedure and when that procedure began.

New Criminal Code

The Law No. 74-25 He established the new Criminal Code of the Dominican Republic, which was subsequently modified by the Law No. 44-26.

The new penal framework came into general effect in August 2026.

However, there is a precision especially relevant to entrepreneurs, managers and advisors: Articles 8, 9, 10 and 11, relating to the criminal liability of legal persons, have a delayed entry into force until the date of their entry into force. November 5, 2026.

Therefore, as of September 30, 2026, those provisions should not yet be presented as fully effective regulations.

The date of the events, the applicable law, and the transitional regime may be decisive in assessing correctly an extradition request related to economic or corporate crimes.

Why extradition should be defended in both countries

An extradition is a transnational procedure.

In Spain, the decision is made as to whether the extradition should take place. In the Dominican Republic, the criminal process that gave rise to the claim is located: there are the investigation, the judicial order, the actions of the prosecutor’s office, and the appeals that may affect the title of prosecution.

Defending only one of those fronts can prevent the analysis of essential information from the other.

Therefore, in complex matters, the strategy must coordinate at least four levels:

  1. the defense before the National Court;
  2. the defense in the criminal proceedings of origin;
  3. the status of any alert or record held by INTERPOL; and
  4. the patrimonial, banking and reputational consequences that may arise from the claim.

VENFORT directs international criminal defense strategies from Madrid and Caracas and works with lawyers and firms specializing in the jurisdictions involved in each case.

INTERPOL and extradition are not the same thing

A common confusion consists of treating a Red Notice from INTERPOL and an extradition request as if they were the same procedure.

They are not.

INTERPOL facilitates international police cooperation. A Red Notice can be used to locate a person and request their provisional detention, but extradition requires a separate legal procedure in the state where that person is located.

Therefore, there can be two defenses at the same time:

  • one before the Spanish judicial authorities in connection with extradition; and
  • Another in front of Commission for the Control of INTERPOL's Files, When appropriate, request access, rectification or deletion of data.

The Constitution of INTERPOL prohibits the Organization from conducting activities or interventions of a political, military, religious, or racial nature.

When an alert presents problems of this nature, the defense must substantiate them through documentation and technical arguments.

This information can be expanded in the VENFORT guide on INTERPOL lawyers, Red Notices and procedures before the File Review Commission.

What can the defense do in an extradition procedure?

There is no single formula. The strategy depends on the case.

Among the issues that should normally be reviewed are:

  • the existence and validity of the judicial title;
  • the documentation provided by the requesting State;
  • the precise description of the facts;
  • the double incrimination;
  • the prescription;
  • the principle of specialisation;
  • the applicable penalty;
  • the eventual political nature of the persecution;
  • the individual risk to fundamental rights;
  • personal and humanitarian circumstances;
  • the existence of asylum procedures, where appropriate; and
  • the situation of any Red Notice or dissemination by INTERPOL.

In parallel, it may be necessary to act in the requesting country to discuss the detention order, obtain documentation, or promote resources that affect the very basis of the request.

The purpose of well-coordinated international defense is not to circumvent the legitimate action of justice, but to ensure that any extradition decision respects the treaty, the law, and fundamental rights.

Frequently asked questions about extradition Spain–Dominican Republic

Is the extradition treaty between Spain and the Dominican Republic still in effect?

Yes. The bilateral treaty entered into force on November 20, 1984, and continues to be the conventional framework applicable between both States.

Can Spain arrest me for an INTERPOL Red Notice issued at the request of the Dominican Republic?

A provisional arrest may be made, but a Red Notice does not in itself constitute an international arrest warrant. The actions of the Spanish authorities are governed by Spanish law and by the rules applicable to the extradition procedure.

Does an extradition mean that Spain considers the person claimed guilty?

No. Extradition is not the trial of guilt regarding the facts under investigation. The National Court examines whether the legal requirements for authorizing the requested extradition are met.

Can an extradition for money laundering be discussed?

Yes. It must be examined whether the alleged facts meet, among other requirements, the principle of double incrimination. The examination is carried out based on the material content of the facts and not solely on the name used to describe them.

Can political persecution be claimed?

Yes, when there is evidence that supports the claim that the criminal complaint is intended to conceal a purpose prohibited by the treaty. The allegation must be individualized and documented.

Can extradition defense and an INTERPOL procedure be processed at the same time?

Yes. They are different procedures and, in certain cases, it is advisable to coordinate them to avoid incompatible or incomplete strategies.

Early defense increases the margin of maneuver

In an international extradition, time matters.

The sooner the documentation, the origin of the claim and the situation before INTERPOL are known, the more chances there are to order the evidence, coordinate the lawyers from the different jurisdictions and avoid hasty decisions.

If you, a family member, or an executive of your company is facing an extradition request, a provisional arrest, or an international alert, you can consult the areas of Defense in extradition cases in Spain y Defending against INTERPOL's Red Notices from VENFORT Abogados.

About the author

Dr. Alan Aldana He is a founding partner and Managing Partner of VENFORT Lawyers, He is a practicing lawyer in Spain and Venezuela and an accredited professional before the International Criminal Court.

He has more than twenty years of experience in international criminal law, extradition, procedures before INTERPOL, and transnational economic crimes.

He is a member of the Defence Extradition Lawyers Forum, an international organization that brings together lawyers specializing in the defense of persons sought for extradition; of European Criminal Bar Association, European association of lawyers specializing in criminal defense; and of Fair Trials Legal Experts Advisory Panel, European red for professionals dedicated to protecting the right to a fair trial.

He is a member of the Illustrious College of the Bar of Madrid. The number of co-authors is deliberately omitted because it is not necessary for the informational purpose of the article.

Legal notice: this article is for informational purposes only and does not constitute legal advice. Each case requires an individual examination of its facts, documentation, and the jurisdictions involved.

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