Arrested in Madrid: the capital and the Audiencia Nacional
Madrid is where every surrender case in Spain ends up. The Audiencia Nacional decides all European Arrest Warrants and all extradition requests for the whole country, so a person arrested anywhere in Spain on a warrant is transferred here. Alongside that runs the ordinary caseload of a capital of three million people.
What actually happens here
- Surrender proceedings. The Audiencia Nacional hears them all, which means the lawyer conducting them must appear in Madrid — often a different lawyer from the one handling the underlying case. The position is in the guide on arrest warrants in Spain.
- Barajas airport, one of the busiest in Europe: customs, luggage, and arrests on alerts relating to other countries, including in transit.
- Nightlife in Malasaña, Chueca and La Latina: fights, and complaints filed by both parties.
- Theft accusations around Sol, Gran Vía and on the metro, frequently resting on a single identification.
- Financial and corporate proceedings, given the concentration of headquarters and the national jurisdiction over major economic cases.
- Public order around demonstrations, which in the capital are frequent.
Spain is among the countries that act on an Interpol alert by arresting rather than enquiring, and Madrid is where the consequences are then decided. Anyone who believes an alert may exist should establish the position before travelling, as set out in the guide on Red Notices.
The Spanish clock, in short
Police detention in Madrid cannot exceed 72 hours, counted continuously from the moment of the arrest, and there is no extension outside terrorism cases. The judge then releases you, releases you on conditions with or without bail, or orders pre-trial custody. The full framework is in the guide for Spain.
Frequently asked questions
Why would my case move to Madrid?
Because the Audiencia Nacional decides every European Arrest Warrant and extradition request in Spain, wherever the arrest happened.
Will Spain arrest me on a Red Notice?
Spain is among the most active enforcers in Europe and generally detains on an alert, before any formal request has been examined.
How long can they hold me?
Seventy-two hours at most, counted continuously, with habeas corpus available immediately if that is exceeded.
Is bail available?
Yes. The investigating judge may release you conditionally against a deposit, usually with passport surrender and reporting.
If this is happening now
With a name and the place of the arrest in Madrid, the position can be established quickly. First contact is free and covered by professional privilege, at any hour.