Arrested in Marbella on an Extradition Request or Red Notice: First Steps and Which Court Decides

Which court takes over after an arrest in Marbella?

Police may arrest someone at a hotel, home or street in Marbella, then hold the person while the central judicial authority is contacted. The local police stage is not the extradition decision: the request is not decided by a Marbella court just because the arrest happened there.

Following the 2025 judicial reorganisation, the current national first-instance body is the Tribunal Central de Instancia, Sección de Instrucción in Madrid. Article 95 of the Ley Orgánica del Poder Judicial gives it nationwide jurisdiction over EAW execution and passive-extradition proceedings. Some older provisions, including Article 8 of Law 4/1985 and Article 50 of Law 23/2014, still use the former name “Juzgado Central de Instrucción”. The updated institutional name does not make the Marbella court responsible for deciding the extradition case. For an EAW involving a minor aged 14 or older, Article 50 of Law 23/2014 requires presentation within 24 hours to the central juvenile authority; under the current structure, juvenile matters are handled by the Tribunal Central de Instancia, Sección de Menores, not the ordinary Sección de Instrucción.

For a non-EU request, the central Section of Instruction manages the judicial stage and the Audiencia Nacional’s Sala de lo Penal decides whether extradition is permissible; Article 65(4) applies regardless of where the person lives or was arrested. An EAW from another EU state follows Law 23/2014. See the Spain extradition guide for the national procedure and the remedies guide for refusal grounds and the fuller appeal route.

What should happen in the first 48 hours?

The timeline below is a practical action plan, not a promise that each step will occur at a particular hour. The legal clocks differ according to the instrument used, and the exact custody record matters.

Under the domestic rule in Article 8(2) of Law 4/1985, provisional detention must be lifted if the formal extradition request has not been properly submitted within 40 days. This period concerns provisional arrest pending the formal request, not the whole case. The treaty that actually governs the request must be checked before calculating the deadline.

Is a Red Notice the same as an arrest warrant?

No. INTERPOL describes a Red Notice as a request to locate and provisionally arrest a wanted person pending extradition, surrender or similar legal action; it is not itself an international arrest warrant. Each country applies its own law when deciding what action can be taken. In Spain, officers must identify the legal basis for custody and the judicial instrument or request supporting it. A notice, a national warrant, an EAW and a formal extradition request are not interchangeable documents.

Ask counsel to identify the requesting state, the type of instrument, the judicial decision behind it and whether the person is correctly identified. Check name spellings, date of birth, nationality and passport details. Preserve evidence of any mismatch; a public INTERPOL page may not show every notice or the full file.

Where does Marbella’s local court fit?

The judicial district centred on Marbella includes Marbella, Benahavís, Istán and Ojén. Its current local criminal-court structure includes the Sección de Instrucción del Tribunal de Instancia de Marbella. If the person is still in police custody in Marbella and a Spanish judge has not yet ordered detention, this local instruction section may be relevant to an urgent challenge to the legality of custody. It does not decide the extradition request.

Article 2 of Spain’s Habeas Corpus Act assigns the application first to the judge for the place where the person is actually held, then—if that place is unknown—to the place of arrest, and finally to the place where the person was last known to be. The remedy is for detention not yet ordered judicially in Spain; it is not a substitute for an appeal against a judicial detention order. In its judgment in amparo appeal 2951-2025, dated 10 March 2026, the Spanish Constitutional Court reaffirmed that a court must not reject a properly filed habeas-corpus request on its merits without conducting the procedure and hearing the detainee. If a Spanish judge has already ordered remand, counsel should identify the correct challenge to that order instead. Málaga-Costa del Sol Airport is in Málaga, not Marbella, so confirm the actual place of custody before identifying the local judge; the family’s hotel location is irrelevant.

What rights and consular steps matter immediately?

Foreign nationals should tell the police if they want their consulate informed and ask to communicate with consular staff. Article 36 of the Vienna Convention on Consular Relations addresses consular notification and communication; consular assistance does not cancel a warrant or decide the extradition case.

The first hearing is not a trial of the foreign accusation. The immediate issues are identity, the instrument being executed, the legal authority for detention, access to counsel and interpretation, and compliance with the correct deadline. Counsel should review the actual order and supporting papers, not rely on a verbal summary.

What should the family send to the lawyer now?

• Full legal name, date of birth, nationality, passport details and alternate spellings used in foreign records.
• Exact arrest time and place, police unit or station if known, reference number, and latest confirmed custody location.
• Copies of the arrest notice, warrant, court order, INTERPOL communication or papers handed to the person. Do not alter originals.
• Contacts for the consulate, family and any lawyer in the requesting state; foreign counsel can help obtain case papers and coordinate with Spanish counsel.
• Documents confirming identity or explaining an urgent medical, disability, language or safeguarding need.

Send facts, not speculation. Tell counsel about other warrants, asylum or protection matters, Spanish proceedings, or a possible mistaken identity. These details affect what to check first but do not automatically stop surrender.

How can detention be challenged without confusing the remedies?

If the person remains in police custody and detention may be unlawful, ask counsel whether habeas corpus is available before the judge for the actual place of custody. It is limited to detention not yet ordered judicially in Spain and does not decide the extradition request. If a Spanish judge has already ordered detention, the appropriate challenge depends on the instrument and the exact order; habeas corpus is not a substitute for that remedy. See the separate Spain remedies guide for refusal grounds, appeal routes and deadlines.

A hypothetical Marbella example

Hypothetical: a visitor in a Marbella hotel is stopped by Policía Nacional and told that a German court issued an EAW. The visitor should request a lawyer and interpreter, obtain the order and avoid irrevocable consent until counsel explains its effect. The EAW file proceeds through the central judicial authority in Madrid. If the visitor is still in police custody and no Spanish judge has ordered detention, counsel can assess whether a local habeas-corpus application is appropriate based on the actual custody location. Once a judge has ordered remand, the defence must use the applicable challenge to that order; if the arrest occurred at Málaga airport, counsel must first confirm where the person is actually held.

This page provides general information, not advice on an individual case. The site’s team coordinates cross-border defence with local counsel. To request an initial review, use the contact form.