What it is
A mechanism by which one European Union country requests the surrender of a person from another, for prosecution or to serve a sentence.
What makes it distinctive is that the procedure does not re-examine the case on its merits. The court here checks the grounds and conditions for surrender, not whether the person is guilty.
So the defence is directed at specific matters, not at explaining what happened.
The deadlines are short
This procedure moves faster than ordinary criminal proceedings. So a lawyer is needed in the first hours, not after a few days.
If someone close to you has been detained under such a warrant, call immediately. See detention and measures.
Consent to surrender
A detained person may consent to surrender, which speeds the procedure up. Sometimes that is sensible, and sometimes it is not.
Consent once given is usually not easily withdrawn and can limit the ability to raise objections later.
So it is not given on the spot under pressure, but after speaking to a lawyer. A few hours to think costs less than a hasty decision.
What gets examined
The form and content of the warrant. Dual criminality, where it is required. Expired limitation. Whether the person has already been tried for the same act. Health and humanitarian considerations. Guarantees from the issuing state in certain cases.
Having a child or a seriously ill relative can also matter and is raised expressly.
If you are a Bulgarian citizen
There are particular rules on surrendering a state’s own nationals, including the possibility of serving a sentence here. That is raised at the start, not at the end.
If you learn you are wanted before being detained
That is the best possible moment. Call before you travel.
What I will need
Everything received on detention. Which country is seeking you, and for what. Details of address, family and employment. Medical records if any. Information about the proceedings in the other country, if you know anything about them.
This page provides general information and does not constitute legal advice on any specific case. Rights and deadlines depend on the facts and the applicable law.