The European Arrest Warrant allows any judicial authority to request the surrender of a person to another Member State, for the next criminal proceedings or for the enforcement of a sentence. It also allows the surrender of a person when it has received such a request from the judicial authority of another Member State.
The European Order constitutes a unified judicial title for the Member poland telegram States of the European Union.
The competent authority to issue a European Arrest Warrant is the judge or court , and to execute it is the Central Examining Magistrate of the National Court.
The Spanish judicial authorities may only issue an EAW:
For the exercise of criminal actions when the requirements provided for in Law 23/2014 are met, together with those provided for in the LECrim to agree to the preventive detention of the defendant.
In the case of a minor, the provisions of Law 23/2014 plus the regulations of Organic Law 5/2000 apply to agree to the precautionary confinement of a minor.
To enforce the sentence of the defendant when the requirements set out in Law 23/2014 are met and the substitution or suspension of the custodial sentence is not possible.
The difference with the extradition process is basically in the procedure. The European Arrest Warrant is based on a much faster and more dynamic procedure, with fewer phases than in the case of the extradition process. In fact, the time limits in the European Arrest Warrant are much shorter, a maximum period of 60 days is established for the delivery of the detained person to the country in which the EAW was issued from the date of arrest. It is not of a mixed nature either, only the judicial authorities intervene.
Example of a European Arrest Warrant
The most talked about and well-known case in our country is the case of Puigdemont's European arrest warrant. The main crime listed in the EAW issued to Belgium is rebellion. The key to the detainee being extradited to the requested country, in this case Spain, is that the court that reviews the European arrest warrant receives finds that the alleged facts are also classified as a crime under the regulations of its country.
The European arrest warrant must be executed without fail, except:
that the alleged crime is covered by an amnesty in the country where the accused is located
the requested person is already being tried by another country
be considered a minor.
That was not the case with Puigdemont. However, the processing of the European Arrest Warrant was suspended if the crime charged does not exist in the other country and is not included in the list of crimes that do not require double criminalization. This is what happens in the case of rebellion or sedition, which are not included in the Belgian penal code and, therefore, if Brussels were to refuse, Spain would have to look for an equivalent crime that does exist in this country.
Example of extradition process
Some extradition cases are found between Switzerland and Spain. Although Switzerland is not a member of the European Union, it has an extradition agreement with Spain. It has already been applied on several occasions, especially in cases of terrorism .
Another case worth mentioning is that of Anna Gabriel, a former CUP deputy, accused of rebellion, sedition and embezzlement, taking refuge in a European country, in this case one outside the European Union, Switzerland. The Supreme Court requested the extradition of the former deputy. First, it decided to issue an international arrest warrant, which the Swiss justice system had to resolve, in accordance with the convention. Later, the extradition was requested.