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Enforcement of Foreign Judgments

Recognition and enforcement of foreign criminal judgments.

A sentence, a seizure order, or a criminal judgment issued in another country can be enforced in Spain—and a Spanish judgment, abroad. This is a technical area of international judicial cooperation where what is at stake is very specific: the execution of the sentence, the fate of assets, or the transfer of the sentenced person to their country.

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What foreign judgments can be enforced in Spain?

The EU mutual recognition framework and international conventions allow the enforcement in Spain of, among others: criminal sentences involving deprivation of liberty (with transfer of the sentenced person to their country of origin to serve there), seizure and confiscation orders, pecuniary sanctions, protection orders, and probation or alternative measures orders. Conversely, a Spanish judgment can be transmitted for enforcement in another State.

Transfer of sentenced persons

One of the most relevant scenarios for foreign clients: a person sentenced in Spain may request to serve the sentence in their country of residence, and vice versa. This is a decision with specific requirements and deadlines, and with significant effects on the conditions of execution and the prison benefits applicable according to the State of enforcement.

How we act

We analyze whether the judgment meets the recognition requirements, monitor grounds for refusal—double criminality, fundamental rights, ne bis in idem—and process or oppose the transmission as best suits the client. We coordinate with counsel in the other State to ensure enforcement is aligned with the best possible position.

Common mistakes to avoid

  • Assuming that a foreign sentence is enforced automatically without review of safeguards.
  • Failing to request in a timely manner the transfer to serve the sentence in the country of residence.
  • Ignoring that conditions of execution and benefits vary according to the State of enforcement.

Why choose us

01

Dual-system perspective.

We are familiar with both Spanish procedure and that of the country where the judgment was issued or will be enforced.

02.

European network.

We coordinate with law firms in Germany, Switzerland, Austria, and the United Kingdom for cross-border enforcement.

03.

Focus on foreign clients.

Transfer to serve a sentence in the country of residence is one of our specialties.

(24h Emergency)

Index

Frequently asked questions

What is asked first.

Can a sentence issued in another country be enforced in Spain?

Yes, through EU mutual recognition mechanisms and international conventions, provided the requirements are met and no ground for refusal exists.

Can I serve in my country a sentence imposed in Spain?

In many cases yes, through the transfer of sentenced persons. It has specific requirements and deadlines and should be requested in a timely manner.

Can a foreign seizure or confiscation order be enforced in Spain?

Yes. Seizure, confiscation, and pecuniary sanction orders are among those that can be recognized and enforced.

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