Criminal Extradition

Between European Union member states, classic extradition does not apply; instead, the European Arrest Warrant (EAW) operates, a mutual-recognition mechanism between judicial authorities that replaces the political decision with a judicial one and removes, for a list of offences, the dual-criminality check. In Spain the EAW is governed by Law 23/2014 on the mutual recognition of criminal judgments in the European Union, which transposes Framework Decision 2002/584/JHA. For that reason this page does not list bilateral treaties with EU countries: surrender between them is governed by the EAW.

The 1957 European Convention on Extradition, drawn up within the Council of Europe, is Spain’s principal multilateral extradition instrument. It allows the surrender of requested persons between the States Party and still operates with those outside the European Union —to which the EAW therefore does not apply— such as Switzerland, Norway, Iceland, Turkey or Israel, among others. Spain ratified it in 1982 and it is supplemented by its additional protocols, which have updated the regime over time (for example on fiscal offences or procedure).

Before the EAW, the European Union had adopted two conventions to speed up extradition between its member states: the one on simplified procedure (Brussels, 1995) and the one on extradition (Dublin, 1996). Both aimed to shorten deadlines and limit grounds for refusal. With the European Arrest Warrant becoming operational in 2004, they were largely displaced, though they retain residual or historical relevance in interpreting the system.

The Kingdom of Spain and the Argentine Republic signed in Buenos Aires, on 3 March 1987, a Treaty on Extradition and Judicial Assistance in criminal matters, ratified by Spain and published in the BOE (BOE-A-1990-16893). The treaty obliges both parties to mutually surrender persons sought by their judicial authorities for prosecution or for the enforcement of a custodial sentence or security measure, and it also governs mutual legal assistance in criminal matters. It entered into force on 15 July 1990, thirty days after the exchange of instruments of ratification in Madrid on 15 June 1990, and remains in force unless denounced by one of the parties.

The Kingdom of Spain and the Republic of Bolivia signed a bilateral Extradition Treaty in Madrid on 24 April 1990, whose Instrument of Ratification was published in the Spanish official gazette (BOE-A-1995-12733). The treaty requires each State to surrender to the other persons sought by its judicial authorities for offences punishable by deprivation of liberty of at least one year, and sets out the conditions, exceptions and procedure for extradition. It entered into force on 27 May 1995, following the exchange of instruments of ratification in La Paz. Mutual legal assistance in criminal matters between the two countries is governed by a separate bilateral convention.

The Extradition Treaty between the Kingdom of Spain and the Federative Republic of Brazil was signed in Brasilia on 2 February 1988 and published in the BOE through its instrument of ratification. It provides that both States reciprocally undertake to surrender persons subject to criminal proceedings or convicted by the judicial authorities of the other, for offences punishable by a custodial sentence exceeding one year. It entered into force on 30 June 1990 and is of indefinite duration, with either State able to denounce it through diplomatic channels. A later 2010 Santiago de Compostela accord (BOE-A-2017-4531) added a simplified extradition procedure among Argentina, Brazil, Spain and Portugal.

The Kingdom of Spain and the Republic of Chile concluded a Treaty on Extradition and Mutual Legal Assistance in Criminal Matters, signed in Santiago on 14 April 1992 and published in the BOE through its Instrument of Ratification. The treaty governs the surrender of persons sought for prosecution or for the enforcement of sentences (extradition) and also sets out a regime of mutual legal assistance in criminal matters, covering the taking of evidence, witness testimony and the transmission of documents. It entered into force on 21 January 1995, thirty days after the exchange of instruments of ratification.

The Extradition Convention between Spain and Colombia was signed in Bogotá on 23 July 1892 and published in the BOE. It establishes a reciprocal obligation to surrender persons accused or convicted of the extraditable offences it lists, so that neither country becomes a refuge for those evading justice. The instruments of ratification were exchanged in Bogotá on 17 June 1893. The Convention remains in force and was modernised by an amending Protocol signed in Madrid on 16 March 1999 (BOE-A-2005-15158), which revised several of its articles.

The Extradition Treaty between the Kingdom of Spain and the Republic of Costa Rica was signed in Madrid on 23 October 1997 and published in the Spanish Official Gazette (BOE) through the corresponding instrument of ratification. It governs the reciprocal surrender of persons sought for prosecution or for the enforcement of custodial sentences, setting out the extraditable offences and the mandatory and discretionary grounds for refusal. It entered into force on 30 July 1998, thirty days after both parties notified each other in writing of completion of their domestic requirements.

The extradition treaty between Spain and the Republic of Cuba was signed on 26 October 1905 and entered into force on 16 August 1906, after being published in the Gaceta de Madrid —the predecessor of the State Official Gazette (BOE)— on 1 August 1906. It is the oldest bilateral extradition treaty Spain still keeps and provides for the reciprocal surrender of persons sought by each country's courts, so that neither serves as a refuge from the other's criminal justice. It is listed as in force in the Spanish Foreign Ministry's Guide to Bilateral Treaties.

Spain and the Dominican Republic signed a Treaty on Extradition and Judicial Assistance in Criminal Matters in Madrid on 4 May 1981, published in the BOE through the Instrument of Ratification of 24 February 1984. The treaty governs the surrender of persons sought by the courts of either State and also establishes mechanisms for mutual judicial assistance in criminal matters, such as letters rogatory, witness testimony and the exchange of criminal records. It entered into force on 20 November 1984 and constitutes the bilateral framework applicable between the two States in extradition matters.

The Kingdom of Spain and the Republic of Ecuador signed the Extradition Treaty done in Madrid on 28 June 1989, whose instrument of ratification was published in the Spanish Official Gazette (BOE) on 31 December 1997 (BOE-A-1997-28054). The treaty governs the reciprocal surrender of persons judicially sought to stand trial or serve a sentence for offences that, under the law of both States, are punishable by deprivation of liberty of not less than one year. It sets out the conditions, exceptions and procedure for extradition, has indefinite duration, and may be terminated by either party through written diplomatic notification. It entered into force on the last day of the month following the exchange of instruments of ratification.

The Kingdom of Spain and the Republic of El Salvador concluded an extradition treaty, signed in Madrid on 10 March 1997 and published in the Spanish Official Gazette (BOE) through the corresponding instrument of ratification. The treaty governs the reciprocal surrender of persons sought for criminal prosecution or for the enforcement of a sentence, setting the extradition threshold at offences punishable by at least one year of imprisonment. It designates the Ministry of Justice in Spain and the Supreme Court of Justice in El Salvador as the competent authorities. The treaty entered into force on 4 February 1998 and is limited to extradition, without covering mutual legal assistance in criminal matters.

The Extradition Treaty between Spain and Guatemala was signed in Guatemala City on 7 November 1895 and published in the Gaceta de Madrid no. 161 of 10 June 1897 (pages 897 to 899), the historical predecessor of the current Boletín Oficial del Estado. It sets out the reciprocal undertaking of both States to surrender persons prosecuted or convicted as principals, accomplices or accessories for the offences listed in the treaty, such as homicide, rape, arson, theft and forgery. Its scope is limited to extradition and does not cover mutual legal assistance in criminal matters. It is supplemented by an Additional Protocol published in the Gaceta de Madrid no. 174 of 23 June 1897 (BOE-A-1897-3673) and remains the reference bilateral extradition treaty between the two countries.

The Extradition Treaty between the Kingdom of Spain and the Republic of Honduras was signed "ad referendum" in Tegucigalpa on 13 November 1999 and published in the Spanish Official Gazette (BOE-A-2002-10336). It governs the reciprocal surrender of persons sought by either State for criminal prosecution or for the enforcement of a sentence imposed by the competent authority of the requesting State. Its scope is limited to extradition and does not cover broader mutual legal assistance matters. The treaty entered into force on 24 May 2002 and remains the operative basis for extradition cooperation between the two countries.

The Kingdom of Spain and the United Mexican States are bound by the Treaty on Extradition and Mutual Assistance in Criminal Matters signed in Mexico City on 21 November 1978, whose instrument of ratification was published in the BOE. The treaty governs the surrender of persons sought by the courts of either country and, in its original form, also mutual assistance in criminal matters. It entered into force on 1 June 1980 and has been amended by two subsequent Protocols (1995 and 1999); the mutual legal assistance regime was later updated by the 2006 Treaty on Mutual Legal Assistance. It remains in force as the legal basis for extradition between Spain and Mexico.

The Extradition Treaty between the Kingdom of Spain and the Republic of Nicaragua was signed "ad referendum" in Managua on 12 November 1997 and published in the BOE through the corresponding instrument of ratification. It governs the reciprocal surrender of persons sought for prosecution or for the enforcement of a sentence, treating as extraditable those offences punishable in both States by a custodial penalty with a maximum duration of not less than one year. It entered into force on 5 October 2000, thirty days after the last notification confirming completion of each Party's internal requirements. This is a bilateral treaty focused on extradition, without provisions on mutual legal assistance in criminal matters.

The Kingdom of Spain and the Republic of Panama signed an Extradition Treaty, done in Panama on 10 November 1997 and published in the Spanish official gazette (BOE-A-1998-20926). The treaty requires both parties to surrender, upon request, persons sought for prosecution or to serve a sentence for extraditable offences. It governs extradition only and does not cover mutual legal assistance in criminal matters. It entered into force on 6 September 1998.

The Kingdom of Spain and the Republic of Paraguay signed an Extradition Treaty in Asunción on 27 July 1998, published in the Spanish official gazette (BOE) through the corresponding instrument of ratification (BOE-A-2001-7287). The treaty governs the mutual surrender of persons sought for prosecution or for the enforcement of a sentence imposed by the competent authorities of each State. Its scope is limited to extradition and does not cover mutual legal assistance. It entered into force on 23 February 2001 and remains in force.

The Instrument of Ratification of the Extradition Treaty between the Kingdom of Spain and the Republic of Peru, signed in Madrid on 28 June 1989, is a bilateral treaty governing the reciprocal surrender of persons sought by the judicial authorities of one Party to face prosecution for an offence or to serve a custodial sentence. It sets out the extraditable offences, the grounds for refusal, the safeguards afforded to the requested person and the procedure the two States must follow. It was published in the BOE under reference BOE-A-1994-1662 and entered into force on 31 January 1994, following the exchange of instruments of ratification in Lima on 17 December 1993. Its scope is limited to extradition and does not cover other forms of mutual legal assistance.

The Extradition Treaty between the Kingdom of Spain and the Oriental Republic of Uruguay was signed in Madrid on 28 February 1996 and published in the BOE through the corresponding instrument of ratification. It governs the reciprocal surrender of persons sought by the judicial authorities of one party who are found in the territory of the other, whether for prosecution of an offence or for the enforcement of a custodial sentence. It entered into force on 19 April 1997, thirty days after the exchange of the instruments of ratification in Montevideo, and replaced the earlier 1885 Extradition Treaty signed in Montevideo on 23 November 1885.

The Extradition Treaty between the Kingdom of Spain and the Republic of Venezuela was signed in Caracas on 4 January 1989 and published in Spain's Official State Gazette (BOE). It governs the reciprocal surrender of persons sought by the judicial authorities of either party for prosecution or for the enforcement of a sentence or security measure. Its scope is limited to extradition, including the handover of objects and documents connected to a request. The treaty entered into force on 30 September 1990 and remains the applicable bilateral instrument between the two States.

The Extradition Treaty between Spain and Canada was signed in Madrid on 31 May 1989 and published in the Spanish Official Gazette (BOE-A-1990-19374). It sets out the reciprocal obligation to surrender persons sought by the other party for prosecution or for the enforcement of a sentence, in respect of offences punishable in both States by deprivation of liberty of at least one year. The treaty entered into force on 10 August 1990 and governs extradition, with only ancillary evidentiary assistance provided within its terms.

The Extradition Treaty between Spain and the United States of America was signed in Madrid on 29 May 1970 and entered into force on 16 June 1971, when the instruments of ratification were exchanged in Washington. It governs the reciprocal surrender of persons sought by either party for criminal prosecution or to serve a sentence, setting out the extraditable offences, grounds for refusal, and the applicable procedure. The bilateral framework was rounded out by three Supplementary Treaties (signed on 25 January 1975, 9 February 1988, and 12 March 1996) and is complemented by the EU-US Extradition Agreement of 25 June 2003, whose bilateral implementing instrument was later published in the BOE. The framework remains in force and is the legal basis for extradition between the two States.

The Extradition Treaty between Spain and Australia was signed in Madrid on 22 April 1987 and published in the BOE on 27 April 1988. It is a bilateral treaty under which both States undertake to surrender to each other persons accused or convicted of offences, for prosecution or for the enforcement of a sentence in the requesting State. As a general rule, extradition is available for conduct punishable in both States by a deprivation of liberty of at least one year in maximum duration or by a more severe penalty. The treaty entered into force on 5 May 1988 and remains in force.

The Extradition Treaty between the Kingdom of Spain and the People's Republic of China was signed in Madrid on 14 November 2005 and entered into force on 4 April 2007. It obliges both parties to surrender to each other persons found in their territory who are sought for prosecution or to serve a custodial sentence. The treaty sets the conditions for extradition (offences punishable by more than one year of imprisonment, or remaining sentences exceeding six months), the grounds for refusal (political offences, risk of discrimination, nationals of the requested State), the rule of speciality, and the procedures for provisional arrest, transit and the handover of assets.

The Extradition Treaty between the Kingdom of Spain and the Republic of India was signed in Madrid on 20 June 2002 and published in the BOE on 27 March 2003. It governs the reciprocal surrender of persons accused or convicted of extraditable offences who are found in the territory of the other Party, setting out the conditions, exceptions and procedure for extradition. In addition, its Article 27 provides for reciprocal mutual legal assistance in criminal matters concerning the offences for which extradition is requested. The treaty has been in force since 31 March 2003.

The Extradition Treaty between the Kingdom of Spain and the Republic of Kazakhstan was signed in Madrid on 21 November 2012 and published in Spain's Official State Gazette (BOE). It obliges each Party to surrender to the other persons found in its territory who are sought for prosecution or for the enforcement of a sentence for an extraditable offence. The designated central authorities are the Ministry of Justice for Spain and the General Prosecutor's Office for Kazakhstan. The treaty has been in force since 1 August 2013.

The Extradition Treaty between the Kingdom of Spain and the Republic of the Philippines was signed in Manila on 2 March 2004 and published in the Spanish official gazette (BOE) under instrument BOE-A-2014-5048. It governs the mutual surrender of persons sought for prosecution or for the enforcement of a sentence, requiring that the conduct be punishable in both States by deprivation of liberty of at least one year. It sets out grounds for refusal, provisional arrest, simplified extradition and the handing over of property. The treaty entered into force on 24 April 2014.

The Extradition Treaty between the Kingdom of Spain and the Republic of Korea (South Korea) was signed in Seoul on 17 January 1994 and published in the Spanish official gazette (BOE) as ratification instrument BOE-A-1995-3017. It governs the reciprocal surrender of persons sought by the authorities of one party for prosecution or to serve a sentence. The treaty was drawn up in Spanish, Korean and English and entered into force on 15 February 1995, remaining in effect as the bilateral extradition framework between the two States.

The extradition treaty between the Kingdom of Spain and the Socialist Republic of Vietnam was signed in Madrid on 1 October 2014 and published in the BOE as a ratification instrument (BOE-A-2017-3646) on 3 April 2017. It governs the mutual surrender of persons for prosecution or for the enforcement of a sentence for extraditable offences, requiring dual criminality and minimum penalty thresholds (more than one year of imprisonment for prosecution cases and at least six months remaining for enforcement cases). The treaty also sets out mandatory and discretionary grounds for refusal, provisional arrest, transit and the transfer of evidence. It entered into force on 1 May 2017 and remains in force.

Spain and the People's Democratic Republic of Algeria are bound by the Convention on Extradition, signed in Algiers on 12 December 2006 and published in the Spanish Official Gazette through its instrument of ratification (BOE-A-2008-12652). The convention governs extradition between the two States, establishing the obligation to surrender persons found in their territory who are sought by the other Party for prosecution or to serve a sentence. The text comprises twenty-one articles and entered into force on 8 August 2008, thirty days after the exchange of the instruments of ratification.

The Extradition Convention between the Kingdom of Spain and the Republic of Cabo Verde was signed "ad referendum" in Madrid on 20 March 2007 and published in the BOE on 16 September 2009. It governs the reciprocal surrender of persons sought by one Party for criminal prosecution or for the enforcement of sentences or security measures, setting out extraditable offences, grounds for refusal and the applicable procedure. Under its Article 21, it entered into force on 1 August 2008 and remains in force as a bilateral instrument between the two States.

The Extradition Agreement between the Kingdom of Spain and the Hashemite Kingdom of Jordan was signed in Madrid on 5 June 2025 and published in the Spanish Official Gazette (BOE No. 81, 2 April 2026, BOE-A-2026-7438). It sets out the bilateral framework for the reciprocal surrender of requested persons for prosecution or to serve a sentence, requiring dual criminality and minimum penalty thresholds, and it governs the grounds for refusal and the extradition procedure. It entered into force on 17 May 2026, after the 60-day period following the final diplomatic notification.

The Extradition Convention between the Kingdom of Spain and the Islamic Republic of Mauritania was signed "ad referendum" in Madrid on 12 September 2006 and published in BOE No. 267 of 8 November 2006. It governs the reciprocal surrender of persons sought for prosecution or to serve a sentence, setting out extraditable offences, grounds for refusal (such as political offences or the requested person's nationality), the request procedure, and the principles of speciality and transit. It was applied provisionally from the date of signature and entered into force definitively on 1 September 2025. It forms part of a set of bilateral judicial-cooperation conventions concluded by both States on the same date.

The Kingdom of Spain and the Kingdom of Morocco are bound by the Extradition Convention signed in Rabat on 24 June 2009, the full text of which was published in the BOE (BOE-A-2009-15671). The Convention governs the reciprocal surrender of persons sought by the judicial authorities of the other Party for prosecution or for the enforcement of a sentence, requiring dual criminality and setting out mandatory and discretionary grounds for refusal, such as the non-extradition of nationals or of persons sought for political offences. It was applied provisionally from the date of signature and entered into force definitively on 1 September 2012, replacing the earlier Extradition Convention signed in Madrid on 30 May 1997.

The extradition treaty between the Kingdom of Spain and the United Arab Emirates was signed in Madrid on 24 November 2009 and published in the BOE through its instrument of ratification. The Parties undertake to grant each other the extradition of persons sought for prosecution or for the enforcement of a sentence for extraditable offences, with each State's Ministry of Justice acting as the central authority. The treaty entered into force on 14 November 2010, thirty days after the exchange of the instruments of ratification. It governs extradition only; mutual legal assistance in criminal matters and the transfer of sentenced persons are covered by separate bilateral treaties signed on the same date.

Spain has no treaty signed directly with Montenegro, but the two States are bound through the Convention on Judicial Assistance in Criminal Matters and Extradition concluded with the then Socialist Federal Republic of Yugoslavia, done in Belgrade on 8 July 1980 and published in the BOE by Instrument of Ratification dated 25 March 1982. The convention governs both extradition and mutual legal assistance in criminal matters between the parties. Montenegro, as a State that emerged from the former Yugoslavia, remains bound by this instrument, which the Spanish Ministry of Foreign Affairs maintains as the applicable bilateral treaty. As it is not an EU member, the European Arrest Warrant does not apply to it.

Spain has no extradition treaty signed directly with Serbia, but it is bound to it through the Convention on Judicial Assistance in Criminal Matters and Extradition concluded with the Socialist Federal Republic of Yugoslavia, done in Belgrade on 8 July 1980 and published in the BOE by Instrument of Ratification dated 25 March 1982. The convention governs both extradition and mutual legal assistance in criminal matters between the two States, and it entered into force on 1 May 1982. Serbia, as the continuator State of the former Yugoslavia, remains bound by this instrument, which the Spanish Ministry of Foreign Affairs maintains as the applicable bilateral treaty.

Spain and the United Kingdom of Great Britain and Northern Ireland signed an Extradition Treaty in London on 22 July 1985, whose instrument of ratification was published in the BOE in 1986. However, according to the Spanish Foreign Ministry's Guide to Bilateral Treaties, that treaty never came to apply to the metropolitan United Kingdom —which is covered by the 1957 European Convention on Extradition— but was extended by exchange of notes to certain territories for whose international relations the United Kingdom is responsible. While the UK belonged to the EU, surrender was governed by the European Arrest Warrant and, after Brexit, it is channelled through the 2020 EU-UK Trade and Cooperation Agreement.