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In a recent favorable ruling, Fukuro Legal successfully obtained the provisional release of two of our clients, who were remanded in custody after being extradited to Spanish authorities pursuant to a European Arrest Warrant (EAW) to be investigated in Spain for alleged fraud and participation in a criminal organization.
These two foreign nationals, under investigation for their alleged involvement in an international pyramid scheme, were initially placed in pre-trial detention without bail—a decision we deemed disproportionate and unfounded. We conveyed this to the Criminal Chamber of the Spanish National Court, which reviewed and upheld the appeal filed by our legal team, thereby overturning the prior pre-trial detention order.
In our appeal, we emphasized the importance of applying precautionary measures that respect fundamental rights and are tailored to the specific circumstances of each case, rather than adopting generalized resolutions that fail to account for the personal and social contexts of the accused.
Our clients were detained as part of an investigation into an alleged criminal organization involved in pyramid scheme fraud, with charges including fraud (Article 248.1 of the Spanish Penal Code) and membership in a criminal organization (Article 570 of the Spanish Penal Code). Despite the seriousness of the charges, the court concluded—after considering our appeal—that there was insufficient evidence to justify the custodial measure, and that our clients' personal circumstances did not present a real risk to the judicial process.
Our defense arguments were grounded in the absence of flight risk, lack of potential evidence tampering, and the active cooperation of our clients with authorities. We demonstrated that pre-trial detention had been imposed solely due to delays in extradition, a situation attributable to the judicial system of their home country and not the conduct of the accused. Additionally, considering our clients’ strong ties to the Netherlands, their home country, we proposed that they comply with court obligations there, including appearing as required, without needing to remain in Spain during the investigation.
The Appeals Chamber of the Spanish National Court adopted our approach and ruled that our clients’ provisional release be accompanied by less restrictive precautionary measures than pre-trial detention, including the surrender of their passports, an obligation to report any changes of address, and a prohibition on leaving the Netherlands, their country of origin.
These measures allow our clients to continue their personal lives in their home country while the judicial process in Spain is ongoing.
This case underscores the critical importance of technical and specialized legal defense in complex cross-border proceedings. In situations such as these, where multiple jurisdictions are involved and numerous individuals are under investigation, it is essential to conduct a personalized analysis of each suspect’s circumstances to prevent judicial decisions that infringe on fundamental rights.
At Fukuro Legal, we work to ensure that judicial resolutions always adhere to the principles of proportionality, necessity, and respect for human rights.
This success highlights our steadfast belief that pre-trial detention should always be an exceptional and subsidiary measure, never an automatic or generalized decision.
You can read more about this case in the full publication on Lawyerpress here
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