Law Firm specialized in International Law
The European Arrest Warrant is a judicial decision issued by a Member State of the European Union whose purpose is the arrest and surrender by another Member State of a person who is sought for the purpose of prosecution or for the purpose of serving a sentence.
The European Arrest Warrant and Surrender ir regulated by:
Framework Decision of the Council of the European Union on the European arrest warrant and the surrender procedures between Member States of 13 June 2002.
Law 3/2003, of 14 March, complementary to the Law on the European Arrest Warrant and Surrender.
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Offences that make up the categories of the European Arrest Warrant and Surrender:
– Belonging to a criminal organization.
– Trafficking in human beings.
– Sexual exploitation of children and child pornography.
– Illicit trafficking in narcotic drugs and psychotropic substances.
– Illicit trafficking in arms, ammunition and explosives.
– Fraud, including that affecting the financial interests of the European Communities according to Convention 26.07.1995 on the protection of the European Communities’ financial interests (BOE 180/2003 of 29 July 2003).
– Laundering of the proceeds of crime.
– Counterfeiting of currency, including counterfeiting of the euro.
– High-tech crime, in particular computer crime.
– Crimes against the environment, including illicit trafficking in protected animal species and protected plant species and varieties.
– Aid for illegal entry and residence.
– Voluntary manslaughter and grievous bodily harm.
– Illicit trafficking in human organs and tissues.
– Kidnapping, illegal detention and hostage-taking.
– Racism and xenophobia.
– Organized or armed robbery.
– Illicit trafficking in cultural property, including antiquities and works of art.
– Blackmail and extortion of funds.
– Infringement of industrial property rights and counterfeiting of goods.
– Forgery of administrative documents and trafficking in false documents.
– Forgery of means of payment.
– Illicit trafficking in hormonal substances and other growth factors.
– Illicit trafficking in radioactive materials or nuclear substances.
– Voluntary fire.
– Trafficking in stolen vehicles.
– Offences within the jurisdiction of the International Criminal Court.
– Abduction of aircraft and ships.
Competent authorities for the issuance and execution of the European Arrest Warrant in Spain:
For the broadcast:
The Judge or Court that hears the case in which the order should be issued.
The Central Investigating Courts, which are in charge of the initial processing of the procedure, adoption of the decision on the delivery if the person claimed is aware and the Public Prosecutor does not warn of the causes of denial or conditioning of the delivery.
The Criminal Chamber of the National Court is competent to make the decision on surrender if the requested person is not aware of the surrender or if there are some objections from the Public Prosecutor’s Office.
We accompany you at each stage of the procedure, looking for practical solutions and legal bases to achieve the best possible result.
This is a very precise and agile procedure, based on maximum cooperation and trust between the states of the European Union.
that’s why you have to act fast and be well advised.