extradition to Spain

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The extradition from Germany to Spain (Kingdom of Spain, incl. Balearic Islands and Canary Islands) on the basis of a European arrest warrant is possible. German citizens can also be extradited to Spain for prosecution on the basis of a European arrest warrant.

European arrest warrant from Spain

In Spain, the European arrest warrant is issued by the examining magistrate during the preliminary investigation, but after the charge has been brought it is issued by the court hearing the main case. An arrest warrant can already be issued during a preliminary investigation if an accused person does not comply with a summons for questioning. The European arrest warrant requires a penalty of at least 12 months. As long as the person persecuted is not arrested, Spanish law does not allow the arrest warrant to be suspended. After arrest or transfer, an investigating judge decides whether the arrest warrant should be maintained. The national and European arrest warrants may be challenged before the court which issued them. There is also an arrest complaint to the next higher court.

In Spain, too, the accused may remain silent during the trial without having to fear negative consequences. The accused have the right to the assistance of a defence lawyer. The accused or his defence counsel has no right to be present in the investigation proceedings.

OLG Karlsruhe (decision of 7.9.2016) on extradition to Spain: No special circumstances that could give rise to a suspicion examination in the extradition proceedings; significance of the asylum application of the persecuted person in Germany; assertion of a return surrender reservation.

OLG Köln, Beschl. v. 07.10.2011: A renewed decision in the same case led to the annulment of the earlier decision and to the declaration of the inadmissibility of the extradition to Spain, because circumstances occurred after the decision which are suitable to justify another decision on the admissibility. The Senate's decision of 23.03.2007 was revoked by the decision of the Regional Court of Madrid of 26.05.2011, because the Spanish judiciary regards the sentence as executed with effect from 11.05.2001 and therefore extradition for execution is no longer admissible.

OLG Hamm Decree of 29.12.2004: If criminal proceedings are instituted against the person being prosecuted for the same act as the extradition proceedings within the scope of this Act (para. 1 no. 1) or if proceedings that have already been initiated have been discontinued (para. 1 no. 2), it is at the discretion of the granting authority pursuant to § 83 b para. 1 no. 1 and no. 2 IRG to refuse to grant extradition.

If the German investigation procedure cannot be continued at present solely because the Spanish authorities have not yet provided all the evidence, for example the seized DNA material, this does not preclude the granting of extradition to Spain.

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