An extradition request rarely gives prior notice. It can materialize as an arrest at an airport, a summons from the Central Investigating Court, or a police visit to a residence. And in the first 24 to 72 hours, decisions are made—sometimes without realizing it—that condition the entire subsequent procedure.
This guide is written for the non-lawyer reader: for the business owner, manager, or family member who needs to understand, in simple language, what is happening and what they should do immediately. It does not replace professional advice; its goal is to prevent irreversible mistakes in the first few days.
A reassuring fact before we begin: in Spain, extradition is a guaranteed procedure, governed by Law 4/1985 on Passive Extradition and by the applicable treaties, with judicial oversight by the National Court and, ultimately, by the Constitutional Court. No one is extradited overnight. There is time to mount a defense; what there is no time for is to waste time.
Step 1: Remain silent and ask for a specialized lawyer. Nothing else.
If you are arrested, you have the right to remain silent and to legal counsel. Use them. Spontaneous explanations—»this is a misunderstanding,» «I can clarify this»—end up in the file and rarely help.
An important nuance: extradition is a specialty. An excellent criminal lawyer without experience in international cooperation could overlook the specific mechanisms of this procedure (the applicable treaty, the extradition ground, the pathway INTERPOL). Explicitly ask for experience in extraditions before the National Court.
Step 2: Do not sign any consent without understanding its consequences.
In the initial appearances, you will be asked if indulge Extradition. There is a simplified procedure that speeds up the process if you agree to it. There may be cases where this is advisable, but it is a decision irrevocable in practice and with enormous consequences: he gives up on the merits of his case.
Simple rule: never agree to anything in that first phase without having analyzed it with your lawyer, with the documentation in front of you, and without pressure.
Step 3: Play the preliminary injunction hearing well.
After arrest, you will be brought before the Central Investigating Court, usually in less than 24 hours. There, it will be decided whether to await proceedings in provisional detention o released under conditions (passport withdrawal, travel ban from Spain, periodic appearances, bail).
What weighs most in his favor is the demonstrable tiesstable residence, family, economic activity, absence of escape attempts. If your lawyer arrives at that hearing with prepared proof of ties, your options for release improve substantially. This is why, in the face of any prior indication of risk, advance preparation is invaluable.
Step 4: Reconstruct the events in writing, including dates and documents.
Your memory is the main source of defense, and it degrades quickly under stress. From day one, develop a written chronology: What happened, when, who intervened, what documents exist. Gather contracts, emails, resolutions, payment receipts, country entry and exit stamps.
Two practical tips:
- Sort the documents by date and number them. A well-organized file is much more useful.
- Do not destroy or «clean» anything. In addition to being a potential crime, it usually backfires.
Our downloadable template for documenting events will guide you through this exercise.
Step 5: Find out what's behind it: treaty? INTERPOL alert? what title?
All effective self-defense starts with three questions:
- What instrument is applied? A bilateral treaty, a multilateral agreement, or—if no treaty exists—Law 4/1985, subject to reciprocity. Each framework has different safeguards and time limits.
- Is there a Red Notice or other INTERPOL alert? If there is one, a second parallel defense path is opened before the File Control Commission (FCC), which can lead to the removal of the alert.
- What is the extradition title? In other words, what court decision from the requesting country supports the request: a valid arrest warrant? A final judgment? A document from the prosecutor’s office? Spanish constitutional case law requires a rigorous examination of this point, and many defense cases have been won precisely on this basis.
Step 6: Think of all jurisdictions at once, not just Spain.
An extradition request rarely comes alone. There may be frozen assets in one country, ongoing proceedings in another, and immigration alerts in a third. The decisions you make in Spain have repercussions in other areas, and vice versa.
Common mistakes in this phase include: traveling to high-risk countries while the proceedings are ongoing; making sudden asset transfers that are later interpreted as concealment; or hiring separate lawyers in each country without a common strategic direction. An effective international defense is a single strategy executed across multiple jurisdictions, not several unconnected strategies.
Step 7: Protect your reputation and your environment—methodically and discreetly.
The temptation to «come forward and explain oneself» publicly is understandable but almost always counterproductive. Every statement can be used in the proceedings. Reputation management must be aligned with the legal strategy: what is said, who says it, and when.
At the same time, organize the basics of your environment: delegate powers so that the company and family can operate if your mobility is limited, establish orderly banking communications to avoid panicked account closures, and create a single communication channel with your legal team.
What You Need to Know About the Upcoming Procedure
In a nutshell, the Spanish procedure consists of three stages: one governance phase initial in which the Government decides to grant the request; a judicial phase before the Central Investigating Court and the Criminal Chamber of the National High Court, where the requirements and guarantees are examined (this is where the technical battle is fought: double criminality, political offense, risk of inhuman treatment, non bis in idem, defects in the title); and one final decision of the Government, which can deny delivery even if the courts have declared it valid. Appeals against judicial decisions can be made to the Plenary, and in matters of fundamental rights, an appeal for protection can be brought before the Constitutional Court.
Frequently asked questions
- Can you deliver me immediately after arrest? No. Delivery only comes at the end of a procedure with phases and resources. The initial decisions primarily affect your personal situation (prison or freedom) and the strength of your future defense.
- Does being Spanish prevent extradition? Nationality is a relevant ground for refusal, but its assessment is not automatic, and if extradition is denied, Spain can try you for the same acts. It is a strategic factor, not a safe conduct.
- How long does the procedure take? Usually between several months and over a year, depending on complexity and resources. The initial phase is measured in hours and days; the judicial phase, in months.
- What happens with the INTERPOL alert if I win the extradition? They are different routes: the denial of extradition in Spain does not automatically erase the alert, which can remain active in other countries. It is advisable to challenge it before the CCF in parallel.
- Can I prepare something if there isn't a request yet, but I'm afraid one will come? Yes, and it's the most effective: exposure diagnosis, alert verification, grounding documentation, and action protocol in case of arrest. Preventive defense is always cheaper—in every sense—than reactive defense.
Conclusion
Faced with an extradition request, the worst enemy is improvisation, and the best ally is method: silence, specialization, well-prepared precautionary measures, documented facts, diagnosis of the applicable instrument, multijurisdictional vision, and serene reputation management. Everything else is built on these foundations.
At VENFORT Abogados, we support our clients from the very first minute of an arrest—or, preferably, before it occurs—coordinating the defense from Madrid and Caracas with allied firms in Europe, America, Africa, the Middle East, and Asia. You can inquire about our Immediate action checklist and the Template for documenting facts, or schedule a confidential initial diagnostic call.
Founding partner and Director of the International Criminal Law Department at VENFORT Lawyers. Lawyer accredited before the International Criminal Court, with over twenty years of practice in extraditions, INTERPOL proceedings, economic criminal law, and international sanctions, assists entrepreneurs, executives, institutions, and families with interests in Europe and the Americas.
