Transnational Criminal Proceedings
Specialized criminal defense in transnational proceedings: European Arrest Warrant (EAW), letters rogatory, international asset recovery and jurisdictional conflicts.
The New Transnational Scenario
Globalization of economic, digital and organized crime has consolidated a dense network of penal judicial cooperation. Spain is one of the states with greatest volume of cooperation both active and passive. We defend clients in proceedings crossing jurisdictions: EAW between EU states, extraditions with third countries, bidirectional letters rogatory, international asset recovery and positive jurisdictional conflicts.
European Arrest Warrant
The EAW (Framework Decision 2002/584/JHA, transposed by Law 23/2014) is the most effective cooperation mechanism: operates by mutual recognition and drastically limits grounds for refusal. Periods: 60 days from detention to decide, extendable 30 days. Defense: obligatory grounds for refusal (res judicata, amnesty, prescription) and optional (territoriality, double criminality for non-listed offenses) are the defense backbone.
Letters Rogatory and MLA
Letters rogatory are the classic cooperation channel: Spanish judge requests procedural acts abroad (interrogations, document collection, seizure) and vice versa. Operate through Council of Europe Convention 1959 and its 2001 Protocol, EU Convention 2000 on judicial assistance in criminal matters, bilateral treaties (MLAT) with countries like US, Mexico or Morocco.
Cross-Border Asset Recovery
EU Regulation 2018/1805 on freezing and forfeiture facilitates execution of Spanish orders in other EU states in very brief timeframes (48h for freezing). Outside EU, World Bank's STAR Conventions and bilateral cooperation operate.
Jurisdictional Conflicts
When several states claim jurisdiction over the same facts, positive conflict may arise. Defense may invoke ne bis in idem principle guaranteed by Art. 50 EU Charter and Schengen Convention Arts. 54-58 to avoid double prosecution.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| EAW surrender | Maximum total period 90 days from detention. Sentence executed in issuing state. |
| Traditional extradition | Longer procedure (6-18 months) with dual phase: judicial and governmental. |
| Cross-border forfeiture | Execution of forfeiture order in another EU state in few weeks under Reg. 2018/1805. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Initial jurisdictional audit
Mapping of which states may claim and which offers best client scenario.
Refusal ground articulation
Early identification and procedural articulation of each available refusal ground.
Multi-counsel coordinated defense
Teamwork with local counsel in each jurisdiction to ensure strategic coherence.
Coordinated plea negotiation
When appropriate, pacted plea with primary jurisdiction to neutralize others.
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
Why Choose Us?
Need a criminal defense lawyer for this type of offense? Here's how we work:
Do you need specialised legal assistance?
The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.