Abogados Alicante

Extradition lawyer in Spain

At Pellicer&Heredia, we understand the complexity and delicacy involved in extradition proceedings. As an extradition lawyer in Spain, specializing in international extraditions, offers expert advice and solid legal representation to individuals facing extradition requests, whether for criminal or civil reasons.

Our team expert in extradition laws possesses extensive knowledge of the complex legal and diplomatic procedures necessary to protect your rights and struggle for the most favorable outcome. Whether you need defense against an extradition process or assistance in facilitating it fairly according to the law, Pellicer&Heredia provides unparalleled legal support, ensuring that every step is handled with utmost precision and care.

Pellicer&Heredia criminal lawyers for international extraditions

spanish lawyers Pellicer&Heredia
lawyers in spain

What does extradition mean in law?

Extradition is a formal legal process by which one state requests another to surrender a person to face trial or serve a sentence for crimes that are punishable in both countries. This procedure is based on international treaties or bilateral agreements between countries, and its goal is to ensure that a person does not escape justice by simply crossing national borders.

This procedure is carried out under strict norms that protect the human rights of the person. Extradition is only possible if the crime for which it is requested is legally recognized in both countries, a principle known as “double criminality.”

There are numerous safeguards in the process to ensure that extradition is not used for political, racial, religious, or persecution purposes. Therefore, a specialized extradition lawyer like us allows you to provide crucial legal advice on these processes, represent you as a defendant to protect your rights and ensure that international regulations and justice standards are respected.

Extradition treaties in Spain

Spain has extradition treaties with numerous countries around the world, ensuring international cooperation in the prosecution of serious crimes. These agreements allow Spain to request the extradition of persons accused or convicted of crimes, or for other countries to request from Spain the surrender of individuals under similar conditions.

Spain is part of several multilateral and bilateral treaties, such as the following:

  1. The European Convention on Extradition of 1957, which facilitates extradition among member states of the Council of Europe.
  2. Extradition agreement with the United Kingdom after Brexit, where Spain continues to maintain judicial cooperation in criminal matters between both countries. Published in the Official Journal of the European Union, dated April 30, 2021.
  3. As a member of the European Union, Spain participates in the European Arrest Warrant (EAW) system, which simplifies extradition procedures among EU member states, making the process faster and more efficient.
  4. Spain has bilateral extradition treaties with countries outside Europe, such as the United States, Canada, Australia, and Latin American countries like Argentina, Brazil, Mexico, and Chile.
  5. Spain also participates in various international conventions that have provisions relating to extradition, such as the United Nations Convention against Transnational Organized Crime and its protocols, which include a wide range of countries worldwide.

Each of these treaties and agreements establishes the legal bases, as well as the procedures and conditions under which extradition can be carried out, including guarantees to protect the rights of the extradited persons. These treaties include provisions about crimes that justify extradition, known as the principle of double criminality, and conditions under which a country may reject an extradition request, such as in cases where there is a risk of persecution.

Due to the complexity and heterogeneity of each treaty, it is important to have an experienced extradition lawyer in Spain knowledgeable about specific details that may vary depending on diplomatic relations and the domestic laws of the involved countries.

Lawyer experts in Spanish extradition proceeding

An Spanish extradition lawyer like those you can find at our firm Pellicer&Heredia plays a crucial role in representing individuals facing extradition processes. We possess a deep understanding of international laws and treaties, as well as relevant national legislation. Among our main functions and responsibilities as extradition criminal lawyers are:

  1. We provide advice on the extradition process, including the legal aspects and implications of being extradited to another country. Explaining the individual’s rights, possible defense strategies, and their legal consequences.
  2. We represent the client at all stages of the extradition proceeding. This may involve appearances before national courts, the preparation of legal documents, and defense in hearings.
  3. We prepare and submit appeals and other legal resources to challenge the extradition request.
  4. We can negotiate with local and international authorities to resolve the case without the need for extradition, or to improve the conditions under which it will be carried out.
  5. We advocate for the protection of the individual’s human rights, ensuring that they are not extradited to a country where they could face torture, degrading treatment, or where fair trials would not be guaranteed.
  6. We collaborate with lawyers and legal experts in other countries to obtain support and advice on local legislation and the best defense strategies in international extradition cases.
  7. We advise on the possible political repercussions of an extradition case and assist in asylum applications if the individual’s safety is at risk.

At Pellicer&Heredia, as a lawyer of international extraditions in Spain, we offer specialized legal services that are vital for anyone facing an extradition process, ensuring that their rights are respected within the complex network of national and international laws.

Our role as extradition criminal lawyer in Spain

At Pellicer&Heredia, we face a wide variety of cases related to the extradition of people, mainly we can classify them in:

Active extradition

Active extradition refers to the process by which the Spanish State, through its legal and judicial institutions, formally requests another country to surrender a person who is on its territory and who is required in Spain to be prosecuted for a crime or to serve a sentence imposed by the Spanish courts.

As criminal lawyers in Spanish extraditions, we can get involved in two ways:

1. On one hand, representing the Spanish government in its request to extradite a person who is in another country to be judged or serve a sentence in Spain. These extradition requests to other countries involve:

  • Gathering and presenting evidence to demonstrate that the person is the alleged perpetrator of the crime and that this crime is punishable in both countries.
  • Drafting and submitting the formal extradition request to the authorities of the requested country.
  • Representing the Spanish government in hearings and legal proceedings related to the extradition request.
  • Negotiating with the authorities of the requested country the conditions of the extradition, such as the custody of the individual during transfer and guarantees of a fair trial.

2. Another form of active extradition we face is advising victims of crimes that are in another country and wish to request the extradition of the perpetrator of the crime to Spain. This involves us in:

  • Informing the victim about their rights and options regarding extradition.
  • Helping the victim gather evidence and submit the extradition request.
  • Representing the victim in hearings and legal procedure related to the extradition request.

Passive extradition

Passive extradition involves handling the request received from another country for the delivery of a person who is in Spanish territory, requested to be prosecuted or to serve a sentence for crimes committed outside of Spain. In this mode, we can work:

3. As experts in passive extradition cases, defending and representing individuals who are in Spain and are the subject of an extradition request from another country. Among our tasks involves:

  • Analyzing the extradition request and determining if the legal requirements for extradition are met.
  • Presenting legal arguments against extradition, such as the violation of the individual’s human rights or the lack of sufficient evidence.
  • Representing the client in hearings and legal proceedings related to the extradition request.
  • Negotiating with Spanish authorities and the requesting country the conditions of the extradition or alternatives to extradition, such as the transfer of the criminal case.

4. On the other hand, we also advise individuals at risk of extradition, who are in Spain and may be subject to an extradition request in the future. This involves:

  • Informing the individual about their risk of extradition and the measures they can take to reduce it according to law.
  • Helping to prepare an action plan according to law in case they are the subject of an extradition request.
  • Representing the individual in negotiations with Spanish authorities or the country that might request their extradition.

Pellicer&Heredia extradition lawyers in Alicante

At Pellicer&Heredia, as an extradition proceedings lawyer, we deeply understand the challenges and complexity inherent in these cases. Our experience and specialization position us as one of the best law firms in legal representation in extradition cases, where the fundamental rights and freedom of our clients are at stake. We are committed to providing meticulous and strategic defense, combining an exhaustive knowledge of international and national laws with solid experience in negotiating between jurisdictions.

Our team is committed to protecting your rights at every stage of the extradition process. From assessing the validity of the extradition request and presenting robust arguments against extradition in cases of possible injustices or violations of human rights, to handling all aspects of litigation and appeal. At Pellicer&Heredia, we strive to achieve the best possible resolution for our clients, ensuring that they are informed and supported at all times.

With the law firm Pellicer&Heredia, you will have a defense in extradition to protect your freedom and your rights with maximum rigor and personalized attention.

Contact us today