European criminal defence · Serving the sentence
Serving the sentence in Spain: transfer from another EU country
More and more families live this: he is serving a sentence in another European Union country — Italy, France, Germany, anywhere — and the family is here, travelling thousands of kilometres for a one-hour visit. What almost nobody has told them: the sentence can be transferred. There is a European procedure for a prisoner to finish serving his sentence in Spain, close to his own. I handle it from start to finish.
There is a procedure — and it is not extradition
Within the European Union, the transfer of sentenced persons works by mutual recognition (Framework Decision 2008/909/JHA; in Spain, Law 23/2014). The country where the sentence was handed down issues a certificate and sends it to Spain; here the Central Criminal Judge recognises it and, once recognised, the person enters a Spanish prison to serve what remains. Guilt is not reviewed and the trial is not repeated: the enforcement is transferred, not the case.
The key: rehabilitation must be proven
The transfer is not automatic. The question that decides the file is whether serving in Spain helps the social rehabilitation of the sentenced person — and that is proven: residence in Spain, family here, work or means of living, years of life in the country. If the person is a Spanish national, the path is more direct. If they are a foreign resident in Spain — the most frequent case —, their consent and Spain's agreement are needed, and there the roots dossier is everything: it is not enough to ask, it must be built.
That dossier — certificates, residence records, documented family life — is the heart of the procedure, and it is built with the same method I apply every day in my prison-law files: prove the ties, document them and defend them.
What the prisoner gains — and what does not change
From admission in Spain, enforcement is governed by Spanish prison law: classification and grades, leave permits, visiting rules and conditional release are decided here, under the rules here (prison law). The sentence itself can never be aggravated by the transfer — if the foreign sentence is incompatible with our system, it is adapted, never upwards. And for the family the change is life itself: from an international trip per visit to a visit in their own region — everything I explain in the guide for the prisoner's family becomes reachable.
How long it takes and why it must be pushed
The theoretical deadline for the executing State to decide is 90 days from receiving the certificate. Real practice, with two administrations involved, is measured in months — and the difference between a file that moves and one that sleeps in a drawer is usually that someone chases it: petitions, reminders, contact with both authorities. That follow-up is part of the service, as is keeping the family informed at every stage.
How a transfer is handled
I am a lawyer admitted in Spain, acting throughout its territory, and I hold the European lawyer's card, which allows me to intervene and visit my client in prisons of other EU countries. For acts before the authority of the sentencing country I work in coordination with local lawyers. The procedure can start from either side — the sentenced person can request it from prison and the family can drive it from Spain — and the first consultation can be by video call, in English, directly with me. This service is part of my European criminal defence.
Frequently asked questions
Can the family start the transfer from Spain?
Yes. Although formally the request is processed in the sentencing country, in practice the file is often started by the family from here: with me the roots dossier is prepared, the local lawyer is contacted and the request is filed. The prisoner will have to consent to the transfer where his case requires it — and it is almost always what he wants most.
My relative is not Spanish, only a resident. Can he come?
He can, but his case needs more work: his consent is needed and Spain must agree, and Spain agrees when the roots are real and proven — family, residence, means of living here. It is exactly the kind of file that has to be prepared well, not simply filed.
Can his sentence be increased on arrival in Spain?
No. The transfer can never aggravate the sentence. If the foreign sentence does not fit the Spanish system, it is adapted downwards, never upwards. And once here, leave permits, grades and conditional release are governed by Spanish law.
How long does a transfer take?
The legal deadline for the decision is 90 days from when Spain receives the certificate, but the complete file — preparation, issuing of the certificate in the sentencing country, physical transfer — is measured in months. The earlier it starts and the harder it is chased, the sooner it arrives.
What if the country is not in the European Union?
There is a route there too: the 1983 Strasbourg Convention on the Transfer of Sentenced Persons, in force for Spain with dozens of countries. The procedure is different and usually slower, but the principle is the same: serving close to home. Ask me about the specific country.
Is your relative serving a sentence outside Spain? Call me: 618 529 393 — or tell me on WhatsApp and I will tell you clearly whether his transfer is viable.