Criminal Defence Before the Audiencia Nacional in Madrid

The short answer

If you are accused before the Audiencia Nacional, you need a defence that knows this court and its cases from day one. It hears terrorism, organised crime, large-scale drug trafficking, serious economic crime and fraud, as well as extradition and European Arrest Warrant cases. Investigations are long, case files are vast and the evidence is technically demanding. What matters is that the defence starts early, masters the entire file and builds its strategy well ahead.

What is the Audiencia Nacional and which cases does it hear?

The Audiencia Nacional is a court based in Madrid with jurisdiction over the whole of Spain. Unlike provincial courts, it is not tied to a district but has jurisdiction over specific offences that are particularly serious or cross regional boundaries. Its Criminal Chamber (Sala de lo Penal) hears, in particular, terrorism; drug trafficking, fraud and forgery committed by organised groups with effects in several provinces; economic crime with serious consequences for the economy or for a large number of victims; currency counterfeiting; certain offences committed abroad that fall within Spanish jurisdiction; and extradition and European Arrest Warrant proceedings.

For foreign nationals this typically means cases of organised drug trafficking, often linked to the Costa del Sol, the Balearic Islands or Spanish ports, investment and call-centre fraud with victims in several countries, money laundering, and offences with a cross-border dimension. Arrests on international warrants also end up before the Audiencia Nacional.

Why a case before the Audiencia Nacional is different

The difference lies in scale and technique. Audiencia Nacional cases usually involve very large case files, many defendants, sophisticated investigative measures and considerable duration. Typical features include phone and communications interception, searches, forensic analysis of mobile phones and storage devices, financial and bank investigations, letters rogatory to other states and economic or technical expert reports.

Such a defence cannot be improvised. It requires a complete study of the file, command of the evidence and its possible defects, and a strategy that carries through the whole case rather than starting at trial. It is in these cases that the gap between an effective defence and an inadequate one is most visible.

The stages of the proceedings

Investigation (instrucción)

The Juzgados Centrales de Instrucción, the central investigating courts of the Audiencia Nacional, conduct the investigation. They order interception, searches and custody, question suspects and witnesses and commission expert reports. This is where the case against you is built, and where the defence must attack it.

Intermediate stage (fase intermedia)

Once the investigation closes, the court decides whether the case goes to trial. The prosecution and the defence file their written pleadings and propose their evidence. This stage shapes the trial.

Trial (juicio oral)

The trial takes place before the Criminal Chamber of the Audiencia Nacional or, for offences carrying lower penalties, before a Juzgado Central de lo Penal. The evidence is heard there and judgment is delivered.

Appeals

Judgments of the Criminal Chamber may be appealed to the Appeals Chamber (Sala de Apelación) of the Audiencia Nacional and then, subject to certain conditions, to the Supreme Court (Tribunal Supremo) by way of recurso de casación. Where fundamental rights are at stake, an amparo appeal to the Constitutional Court remains available.

Why the investigation stage decides the case

In Audiencia Nacional cases, much of the prosecution evidence is generated during the investigation. Phone interception, searches, extracted phone data, expert reports and statements form the foundation of the charge. Each of these measures is subject to strict legal requirements.

Interception ordered without sufficient grounds, a search warrant with defective reasoning or a broken chain of custody for seized data can render the evidence null and void (nulidad) and bring down the prosecution case. A defence that waits for trial arrives too late. The technical work of challenging the evidence begins during the investigation.

A foreign national before the Audiencia Nacional

For a defendant who does not speak Spanish, language is added to the complexity of the case. You are entitled to an interpreter and to the translation of essential documents. But an interpreter is no substitute for a confidential discussion with your own lawyer about strategy, risks and whether to make a statement. With us that discussion takes place directly in English, with no third party in between.

Many of these cases also have a link to the United Kingdom, Ireland or other countries, whether through letters rogatory, parallel investigations, evidence gathered abroad or accounts and assets at home. Where needed, we coordinate the defence in Spain with your lawyer abroad.

If you do not live in Spain, further questions arise. Is a European Arrest Warrant likely? Does a voluntary appearance make sense? Can a statement be given by videoconference? These questions must be answered before any arrest takes place.

Extradition and European Arrest Warrants before the Audiencia Nacional

The Audiencia Nacional is also the Spanish court for all extradition proceedings and for the execution of European Arrest Warrants. Anyone arrested in Spain on an international or European warrant is brought, within short time limits, before a central investigating judge in Madrid. These proceedings are at the core of our practice. See our dedicated page: Extradition and European Arrest Warrant lawyers in Spain.

A real case before the Audiencia Nacional

The quality of the defence can change the outcome even in difficult cases. In proceedings before the Third Section of the Criminal Chamber, the Audiencia Nacional ruled by Order No. 00307/2026 of 21 April 2026 that there were no grounds for the extradition to the United Arab Emirates of a man sought to serve an eight-year prison sentence there. The defence, led by David Fechenbach Marcos, established an essential breach of the right of defence. The man had been convicted without being summoned to trial, without appearing and without legal representation.

The case shows what counts before this court. Legal precision and relentless work on procedural safeguards.

If you are under investigation or have been summoned

• Contact a criminal defence lawyer who practises before the Audiencia Nacional as early as possible. Do not wait until the case has moved on.
• Make no statement on the facts until the file has been reviewed and the strategy agreed with your lawyer. That applies to the police as much as to the investigating judge.
• Give your lawyer every document relating to your situation, including those that seem unimportant to you.
• If arrest or pre-trial detention is a risk, prepare with your lawyer the evidence of your ties, such as residence, work, family and assets in Spain or at home.
• Stay in close and confidential contact with your lawyer throughout the proceedings.

Why Fechenbach Abogados

David Fechenbach Marcos is a criminal defence lawyer registered with the Madrid Bar Association (ICAM, no. 122770) and a member of the Alcalá de Henares Bar Association (ICAAH), where he serves as Treasurer of its Governing Board. He teaches procedural law as Profesor Asociado at the University of Alcalá. His practice focuses on complex criminal cases before the Audiencia Nacional, extradition and international judicial cooperation.

Fechenbach Abogados is based in Madrid, with offices in the Balearic Islands and Alicante, and acts throughout Spain. The firm works in English, Spanish, German and Polish. You speak directly to the lawyer handling your case, not to a translator.