Extradition procedures cause unprecedented challenges on a personal level. The expert team of lawyers at Guerra Bermúdez Abogados is aware of this and are here to guide and advise in the field of extradition processes.

Let us ask ourselves what is extradition? Extradition, in the first place, is a procedure that aims for a State to place a person at the disposal of another State, either for the latter to be in charge of their prosecution or of compliance with the sentence imposed, in the event of that has already been convicted.

Second, extradition is a tool that allows a State to detain and hand over a person who is in its territory to another State that requires it, in order to be subjected to a judicial process or to serve a custodial sentence. .

Third, extradition has a legal and political nature, because it involves solidarity in the criminal sphere and the usefulness, benefit or convenience of carrying out certain acts of the State.

Or in other words, extradition is the request that one State makes to another requesting the surrender of a person who committed or is believed to have committed a criminal act, in order to serve his sentence or be tried.

If you are looking for an expert attorney in extraditions, count on Guerra Bermúdez Abogados. We are specialists in Active Extradition, Passive Extradition and Euro-Order.

At Guerra Bermúdez Abogados we guarantee a personalized, professional treatment and a first class service thanks to our commitment to the client and our experience.


We can study and analyze extradition from two points of view:

– La extradición activa

It occurs in the cases in which it is the Spanish State that requests another State to surrender a person who is in any of the following circumstances:

  1. Spaniards who have committed a crime in Spain and have fled to another State.
  2. Spanish citizens who act against Spain in a foreign State and take refuge in a third State.
  3. Foreigners who must be tried in Spain and are in a third party other than their own.
    On the other hand, the extradition will proceed:

First. In the cases provided for in the Treaties in force with the State in whose territory the claimed person is located.

Second. Likewise, in the event that there is no Treaty, if the extradition is considered appropriate in application of the legislation of the State in which the person whose extradition is requested is located.

In the event that neither of the two previous cases occurs, the extradition will depend on the application of the principle of reciprocity and collaboration established by the States involved.

– Passive extradition

The main rule is that the extradition of Spaniards is not granted, nor of foreigners when the jurisdiction is of a Spanish Court.

For Spain to agree to the extradition request made by another State, the following principles must be met:

a) Extradition may only be accessed on the basis of a Law or a Treaty (principle of legality).

b) The fact that motivates the extradition must be punishable both in Spain and in the State that requires the person (principle of double criminality). Therefore, in the cases in which the accused crime is not classified in the criminal legislation of the requesting State as in the Spanish Penal Code, the requested extradition will not proceed.

c) Extradition will be granted only if the person is tried and convicted for the crime for which the extradition order has been issued (principle of specialty).

Yes, extradition procedures are complex and require an expert extradition team. At Guerra Bermúdez Abogados, in our department of extraditions and international processes we have the most complete team of lawyers who are experts in extraditions to legally represent and advise on extradition matters to national and foreign citizens requested by any International Judicial Court.

In line with the needs of our clients, we have an extensive network of contacts with top-level law firms, which allows us to offer legal advice, among others, in Argentina, Brazil, Chile, China, Colombia, Ecuador, the United States, Mexico, Morocco. , Pakistan, Peru, Dominican Republic, Russia, Ukraine and Uruguay.

At Guerra Bermúdez Abogados we have specialists in Criminal Law, International Criminal Law and Extraditions who can help you, if you need help you can contact us by filling out our contact form or by calling 91 308 86 41