Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Extradition is the legal process by which a person located in Maspalomas may be surrendered to another country to face criminal charges or serve a sentence. In Spain, extradition is governed by the national constitution, international treaties, and domestic statutes. The Canary Islands, including Maspalomas, follow the same national framework as mainland Spain.
Key elements include whether the request is active or passive, the existence of a treaty or European framework, and whether the offense is extraditable under Spanish law. In practice, foreign authorities submit formal requests to Spain, which are reviewed by Spanish courts before a decision is made. If extradition is approved, the person may be transferred to the requesting country under appropriate safeguards.
Additionally, Spain participates in the European Arrest Warrant system for EU member states, which can streamline cross-border arrests and extraditions within Europe. Local police in Maspalomas may detain a person pending court review, after which the Audiencia Nacional or other competent courts issue a final ruling. The process is designed to protect procedural rights, including access to legal counsel and the right to challenge the request.
Sources: Constitución Española - Article 55; Ley 16/2003, de Cooperación Jurídica Internacional en materia penal; canarias.gob.es - canary Islands government information on judicial cooperation. BOE, Ministerio de Justicia, Gobierno de Canarias
In Maspalomas, extradition matters involve complex legal standards and procedural timelines. A qualified lawyer can assess arguments for or against extradition and protect your rights throughout the process.
A lawyer with extradition experience can review the evidence, identify treaty-based defenses, advise on the applicability of the European Arrest Warrant rules, and help safeguard your fundamental rights under Spanish and international law.
The following laws and frameworks shape extradition in Maspalomas and across Spain. They determine when extradition is permissible, the rights of the person, and the court procedures involved.
Constitución Española (Constitution of Spain) - 1978 establishes the general framework for international cooperation and extradition, including the processes and limits for extraditing Spanish nationals and foreigners. It provides the constitutional basis for surrender decisions and the protection of due process.
Ley 16/2003, de Cooperación Jurídica Internacional en materia penal - 28 de mayo de 2003 governs international judicial cooperation in criminal matters, including extradition and mutual legal assistance. The law outlines which offenses are extraditable, the procedures for requests, and the rights of individuals subject to extradition proceedings.
Ley Orgánica del Poder Judicial (Organic Law) - 1985 governs the structure and authority of the Spanish judiciary, including which courts handle extradition matters and how appeals are processed. It underpins jurisdiction for extradition cases in Spain, including the Audiencia Nacional and regional courts within the Canary Islands.
Sources: Constitución Española; Ley 16/2003; Poder Judicial information on jurisdiction and extradition processes. BOE, Ministerio de Justicia, Poder Judicial
Extradition is the surrender of a person to another country for prosecution or punishment. It begins with a formal request from the foreign state, which Spain reviews for compliance with law and treaty obligations.
Timelines vary by case, but decisions typically take several months. Complex cases or EU-wide matters may extend longer due to court reviews and possible appeals.
The European Arrest Warrant allows EU member states to request arrests for extradition within the EU. In Maspalomas, a Warrant triggers a court review under the European framework and Spanish law.
Yes. A lawyer can guard procedural rights, review evidence, present defenses, and negotiate conditions that affect detention, travel, and timing.
You have the right to be informed of the charges, access to legal counsel, and an opportunity to challenge the extradition request and its bases in court.
Yes. Extradition can be refused if the offense is political in nature or if there are compelling humanitarian concerns. Each case must be reviewed by the court.
In some cases, contesting extradition is beneficial. A lawyer can assess whether grounds exist to challenge the request or negotiate conditions to minimize risk.
Yes. It is important to consult a lawyer before making decisions. They can advise on staying within the law while protecting your rights during proceedings.
Conditional surrender may be possible in some cases, depending on the requests and court decisions. A lawyer can explain options and potential consequences.
Gather identification, travel history, any prior court decisions, arrest warrants, and relevant communications from authorities. Your lawyer will help assemble a complete dossier.
Double criminality means the alleged offense must be criminal in both Spain and the requesting country for extradition to be justified. Your lawyer will evaluate whether this requirement is met.
Defenses can include lack of jurisdiction, improper notice, political offense, double criminality, or procedural irregularities in the extradition request. Specialist counsel is essential to tailor defenses to the case.
Lawzana helps you find the best lawyers and law firms in Maspalomas through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Extradition, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Maspalomas, Spain — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
