Extradition Lawyer in Madrid: Audiencia Nacional and Local Procedure

Which Madrid court actually handles an extradition case?

“Audiencia Nacional” is broadly correct, but the 2025 reform changed the investigative body’s name. The Sección de Instrucción del Tribunal Central de Instancia in Madrid handles passive-extradition and EAW files under article 95 of the Organic Law on the Judiciary. The Audiencia Nacional’s Criminal Chamber decides the contested judicial stage of classic extradition. Older documents may still say “Juzgado Central de Instrucción”; confirm the current assigned section and case number with the registry.

The Fiscalía de la Audiencia Nacional is the prosecution office that participates before the National Court. Its institutional page helps confirm the office’s role, but it is not a substitute for checking the case file or hearing location. A person arrested elsewhere in Spain may enter the same central process; Barajas has no separate extradition court.

What happens in the first hours after an arrest in Madrid?

The applicable clock depends on the instrument and stage; this table is a practical action plan, not a promised hearing time.

The Constitution’s 72-hour police-detention limit is a safeguard, not a deadline for completing extradition. Article 17 requires release or judicial presentation within that maximum, understandable notice of the reasons and rights, and legal assistance. The EAW also has the specific timing rules in Law 23/2014.

Where is the person held, and how can family or foreign counsel reach them?

There is no verified single prison for all Madrid extradition detainees. Initial custody may be with the arresting police unit; later placement depends on the order. Ask the responsible authority or court registry to confirm the location, case number and authority controlling detention. Do not send sensitive documents to an airport desk or unverified email.

At the first appearance, classic-extradition law requires a lawyer and, if needed, an interpreter; the prosecutor is notified. An EAW hearing also includes the prosecutor, defence lawyer and any necessary interpreter. If the person does not understand Spanish, ask for an interpreter before substantive questions or signing anything.

Foreign counsel can coordinate documents with Spanish counsel but should not assume they can appear without meeting Spanish requirements. Family members can preserve identity and residence documents, medical information, evidence of family responsibilities and the requesting-state lawyer’s details. Ask Spanish counsel what can be filed and how.

What is decided at the first hearing?

Under article 12 of Law 4/1985, the person appears with counsel and, if needed, an interpreter; the judge asks whether they consent or oppose extradition. If they oppose it, the judge decides on release or continued detention, with or without bail or other conditions, before the file proceeds to the Audiencia Nacional’s Criminal Chamber. The order is due within 24 hours of the appearance. A recurso de reforma normally must be filed within three days after notification. Under article 14, the hearing is scheduled within 15 days after the instruction period; article 12 allows missing information to be requested, with no more than 30 days for supplementation.

An EAW hearing follows a different statute. The person is informed of the warrant, the option of appointing a lawyer in the issuing state to assist Spanish counsel, and the option to consent to surrender. Consent to surrender is irrevocable. It is distinct from waiving the speciality principle, which must be separately recorded if given. Obtain interpretation and legal advice before making either choice.

For an EAW, Law 23/2014 sets 10 days after the hearing for a decision following consent. If the person does not consent, the judge schedules a further hearing (vista) within a maximum of three days and must decide within 10 days after that hearing; the statute also sets a 60-day period from arrest for a final decision, extendable by 30 days for justified reasons. These are decision periods, not guaranteed transfer dates. Classic extradition has no single reliable total duration.

Which challenge route applies—and which court hears it?

First distinguish classic extradition from an EAW. Classic extradition to a non-EU state is governed by Law 4/1985 and the applicable treaty. The Audiencia Nacional’s Criminal Chamber decides by reasoned order within three days after the hearing. Under article 15, the only statutory challenge is a recurso de súplica to the Pleno of that chamber. Article 15 bars any judge who issued the challenged order from being designated rapporteur; it does not exclude those judges from the Pleno. It is not an appeal to the Madrid Provincial Court.

After the ordinary judicial route has been exhausted, a constitutional recurso de amparo may be considered for a properly framed fundamental-rights complaint. It is not a retrial and does not automatically suspend surrender. Detailed refusal grounds, interim measures and further remedies belong on the Spain extradition-challenges page.

Where the defence argues that the requesting state’s arrest document lacked judicial endorsement, Spanish Constitutional Court judgments STC 17/2024 and STC 51/2024 show that the objection is not automatically decisive. The court must examine the applicable treaty, the issuing authority’s legal competence and whether the supporting documents allow a reasoned assessment of necessity and proportionality. Counsel should check the exact treaty and file; the result cannot be inferred from the issuing authority’s title alone.

For an EAW, a non-consensual surrender decision may be appealed directly to the Sala de lo Penal de la Audiencia Nacional under article 51(8) of Law 23/2014. The appeal follows the Criminal Procedure Act; article 766 ordinarily gives a five-day period following notification of the challenged order. Counsel should calculate the deadline from the day after actual notification under the applicable counting rules. Separately, decisions on provisional detention or release are appealable under article 53(4) on the same terms; that is a challenge to custody, not to the surrender decision. By contrast, article 51(4) expressly provides that an order authorising surrender after consent is not appealable. Do not transfer the classic-extradition recurso de súplica to an EAW case. See Extradition from Spain, the Spain extradition-challenges page and the European Arrest Warrant guide.

What should the family prepare before contacting a lawyer in Madrid?

• The detained person’s full name, date of birth, citizenships, passport details and any spelling variants used in foreign records.
• The exact arrest time and place, the police unit if known, the detention location and any document or case number received.
• A photograph or copy of the arrest notice, EAW, Red Notice information or formal extradition papers, if lawfully available.
• Any court order, summons, hearing notice or deadline, including the date and method of notification.
• Contact details for foreign counsel and the requesting-state authority, plus certified translations of key documents where available.
• Evidence relevant to identity, residence, family ties, health, sentence status or alleged procedural defects. Keep originals safe and provide copies unless counsel asks otherwise.
• The person’s preferred language and any immediate medical or accessibility need.

The Community of Madrid publishes the legal-aid application route and the Madrid Bar Association’s role. A detained person should request a lawyer immediately; eligibility for publicly funded representation is assessed separately. Immediate duty-lawyer assistance and a later legal-aid decision are related but distinct.

Hypothetical example: a transfer from Barajas to the central court

Hypothetically, a traveller is arrested at Barajas after an alert. The alert alone does not establish whether this is an EAW, urgent classic extradition or an immigration measure. Identify the instrument and arrest time, request counsel and an interpreter, and confirm the assigned central section. For an EAW involving an adult, track the 72-hour presentation and initial-hearing periods; the statutory presentation period for a person aged 14–17 is 24 hours. For urgent classic extradition, check the 24-hour presentation rule, the first 40-day formal-request period and the possible additional 40 days for the authorities’ decision. The clocks are not interchangeable.

How this Madrid page differs from other local routes

Madrid is the national seat of the central investigative court and Audiencia Nacional. A Barajas arrest therefore leads to the central national procedure, not an airport court; arrests elsewhere may enter the same route. The Barcelona arrest guide covers a different local arrest-and-transfer scenario.

This page covers Madrid’s court and access workflow, not the full national procedure or detailed refusal grounds.

For a case-specific assessment, the site’s team can coordinate cross-border defence with local counsel. To request an initial case review, use the contact page.