European arrest warrant: what happens if you are arrested in Spain?

A European arrest warrant can come up at a roadside check, when you check into a hotel or as you pass through the airport, sometimes over a matter you thought was long forgotten. It is a fast procedure involving decisions that cannot be undone, such as consenting to surrender. That is why it is advisable to have a lawyer specialising in European arrest warrants and extradition from the very first moment. We explain what happens, step by step.

What a European arrest warrant is

A European arrest and surrender warrant (orden europea de detención y entrega, OEDE) is a judicial decision issued in one European Union Member State for another State to arrest and surrender a requested person so that they can be tried or serve a custodial sentence or security measure (article 34 of Act 23/2014 on mutual recognition of judicial decisions in criminal matters in the European Union).

It is not a traditional extradition: the decision is taken by a judge, not by the Government, and the grounds for refusal are strictly listed. When the person’s whereabouts are unknown, the issuing judge can enter an alert in the Schengen Information System, which is equivalent in every respect to a European warrant (article 40). That is why an arrest can take place at any police check.

Requests from countries outside the Union, including the United Kingdom after Brexit, are not dealt with as European warrants but through other channels, such as extradition or specific agreements with that country.

What happens after the arrest

1. Arrest. It is carried out with the requirements and safeguards of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) (article 50.1): the right to remain silent, to a lawyer, to a free interpreter and to have your consulate and a relative informed. We summarise this in how long detention can last.
2. Being brought before the National High Court. Within a maximum of 72 hours you must be brought before the Central Investigating Judge; if you are a minor, from the age of 14, within 24 hours before the Central Juvenile Court (Juzgado Central de Menores) (article 50.2). Following Organic Act 1/2025 (Ley Orgánica 1/2025), these courts are integrated into the Central Court of First Instance (Tribunal Central de Instancia), whose Investigating Section handles European warrants.
3. Information. The judge informs you of the warrant and its content, of your right also to appoint a lawyer in the requesting State to advise your lawyer in Spain, and of the possibility of consenting to your surrender (article 50.3).
4. Hearing. It is held within a maximum of 72 hours from being brought before the judge, with the prosecutor, your lawyer and, if necessary, an interpreter (article 51.1). You are first asked whether you consent to surrender; if you are Spanish or resident in Spain, you are also asked whether you want to be returned to Spain to serve here any sentence imposed on you (article 51.2).
5. Personal situation. At the hearing or the full hearing, the judge decides whether you remain in pre-trial detention or are granted provisional release with precautionary measures to ensure that you remain available (article 53). That decision can be appealed before the Criminal Chamber (Sala de lo Penal) of the National High Court.

Time limits: 10 days with consent and 60 without

Should you consent to surrender or not?

Consent is irrevocable. The judge must be satisfied that you give it freely and in full knowledge of its consequences (article 51.3). If you consent and the judge finds no grounds for refusal, surrender is ordered by a decision that cannot be appealed (article 51.4). In the same record you may waive the speciality rule, which generally prevents you from being tried for acts other than those in the warrant.

Consenting may make sense if you want to resolve the matter in the other country as soon as possible and there are no solid grounds for opposing it. Not consenting leads to a full hearing at which grounds for refusing surrender or making it conditional can be argued and proven (article 51.5), and the final order can be appealed before the Criminal Chamber of the National High Court (article 51.8). It is a decision that should only be taken after reviewing the warrant with your lawyer.

Grounds for refusing surrender

The law distinguishes between mandatory and optional grounds. The judge must refuse surrender in the following cases, among others (articles 32 and 48.1):

• If there is already a final judgment for the same acts and enforcing it would breach the non bis in idem principle.
• If you have been pardoned in Spain for those acts and they could be prosecuted by the Spanish courts.
• If, because of your age, you cannot be held criminally responsible under Spanish law.

And the judge may refuse it in the following situations, among others (articles 32.3, 48.2 and 49):

• If you are being prosecuted in Spain for the same acts, or it was decided in Spain not to prosecute them or to close the case.
• If the acts were committed wholly or largely in Spain, or outside the issuing State and Spanish law would not allow them to be prosecuted.
• If you were finally tried for those acts in a country outside the Union.
• If the warrant arises from a trial held in your absence without the safeguards required by law, such as the right to a retrial.

Double criminality: does it also have to be a crime in Spain?

It depends on the offence. For the 32 categories listed in article 20.1 (including drug trafficking, fraud, money laundering, cybercrime, organised or armed robbery and intentional homicide), if they are punishable in the issuing State by a maximum penalty of at least three years, surrender is ordered without checking whether they are also a crime in Spain (article 47.1).

In other cases, if the maximum penalty is at least twelve months, or the sentence to be served is at least four months, surrender may be made conditional on the acts also being an offence under Spanish law (article 47.2).

If you are Spanish or live in Spain

• If the warrant seeks to have you serve a sentence, the judge may refuse surrender and have you serve it in Spain, unless you agree to serve it in the issuing State (article 48.2.b).
• If the warrant is for you to be tried, your surrender may be made conditional on your being returned to Spain to serve any sentence imposed here (article 55.2).

These safeguards also protect foreign nationals who are settled residents in Spain, something very common on the Costa Blanca. That is why it is important to prove your roots in Spain properly from the hearing onwards.

European arrest warrants in Alicante

Many citizens of other EU countries live in the province of Alicante, and a large proportion of arrests under European warrants take place at police checks, when registering at accommodation or at Alicante-Elche airport, which lies within the municipality of Elche. If it happens to you there, you may also be interested in what to do if you are arrested at Alicante-Elche airport.

Even if the arrest takes place here, the decision is taken by the National High Court, based in Madrid. Our firm acts from the very first moment at the police station, reviews the warrant, gathers the documentation on your roots in Spain and coordinates with a lawyer in the issuing country where appropriate. Our team will assist you in your language, and if you also have other criminal matters in Spain, we handle them through our criminal lawyer for foreign nationals service.

Need help with a similar case? Celeste Pérez Bleda is a criminal lawyer in Alicante and will review your situation with no obligation.

Frequently asked questions

Can I refuse to be surrendered?

You can refuse to consent to surrender, in which case the judge holds a full hearing at which your lawyer can argue and prove grounds for refusal or ask for conditions. But not consenting does not prevent surrender: the judge will order it if there is no legal ground to refuse it. The order can be appealed before the Criminal Chamber of the National High Court.

Will I be released while the decision is pending?

It is possible. At the hearing or the full hearing, the judge decides between pre-trial detention and provisional release with measures such as reporting to the court, surrender of your passport or a ban on leaving Spain (article 53 of Act 23/2014). Your roots in Spain, a stable address, employment and family here carry a lot of weight, so it is best to have that documentation ready.

What happens if I am Spanish and another European country requests me?

Being Spanish does not prevent surrender, but it gives you safeguards. If the warrant is for serving a sentence, the judge may refuse it and have you serve it in Spain, unless you agree to serve it there. If it is for you to be tried, surrender may be made conditional on your returning to Spain to serve any sentence imposed. The same applies to those who live in Spain.

How long does surrender take?

If you consent, the judge must decide within ten days of the hearing. If you do not consent, the final decision must be taken within a maximum of sixty days from the arrest, which may be extended by thirty days for justified reasons. Once ordered, surrender takes place within the following ten days, unless exceptional circumstances or serious humanitarian reasons delay it.

Can I have a lawyer of my choice or will a duty lawyer be appointed?

You can appoint the lawyer of your choice from the moment of arrest; if you do not, a duty lawyer will be assigned to you. You also have the right to appoint a lawyer in the requesting country to assist your lawyer in Spain with information and advice on the original case (article 50.3 of Act 23/2014).

If a relative has been arrested under a European warrant, every hour counts: the hearing is held within a very few days and consent cannot be undone. We help you find out where they are, review the warrant and prepare their defence. You will find all the information on our defence in extradition and European arrest warrant cases page, and you can message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away. Our team will assist you in English.