Juvenile Criminal Liability in Spain: How the Law Works

🇪🇸 Read the original in Spanish

When a minor commits a crime in Spain, the legal system's response is not found in the standard Criminal Code, but in a specialised system that prioritises re-education and rehabilitation over pure punishment. For families, facing a criminal accusation against a minor child generates enormous anxiety and endless questions about the youth's future, their record, and the potential financial consequences. Understanding how juvenile criminal liability works within the Spanish legal framework is the first step to ensuring an effective legal defence and guaranteeing that all of the minor's procedural rights and safeguards are respected.

The Legal Framework: How is Juvenile Criminal Liability Regulated?

In Spain, the criminal liability of minors is not governed by the ordinary Criminal Code (approved by **Ley Orgánica 10/1995** [Organic Law 10/1995]), except for one fundamental issue: defining what conduct constitutes a crime. To determine if an act is criminal, we look to the Criminal Code; however, to enforce liability, the procedure, and the applicable measures, we must turn to specific legislation.

The reference regulatory framework is established by **Ley Orgánica 5/2000, de 12 de enero, reguladora de la Responsabilidad Penal de los Menores (LORPM) (Organic Law 5/2000, of January 12, regulating the Criminal Liability of Minors) and its implementing Regulation (approved by Real Decreto 1774/2004 [Royal Decree 1774/2004]). This special legislation applies exclusively to acts classified as crimes in the Criminal Code or in special criminal laws committed by individuals over 14 years of age and under 18 years** of age.

Age Brackets and Criminal Capacity in Spain

Spanish law establishes a very clear division based on the age of the minor at the exact moment the offense was committed:

• *Minors under 14 years old (Inimputables / Exempt from liability): Children who have not reached 14 years of age are exempt from criminal liability. No criminal sanction can be imposed on them, nor can judicial proceedings be initiated against them. If a child of this age commits a crime, the Fiscalía de Menores (Juvenile Prosecutor's Office) will refer the facts to the child protection services of the corresponding Comunidad Autónoma* (Autonomous Community) so they can adopt civil and educational protection measures.
• Minors between 14 and 15 years old: They fall within the scope of the LORPM. The juvenile criminal procedure is applied to them, but the measures that can be imposed are, generally, lighter and of shorter duration than those in the next bracket.
• Minors between 16 and 17 years old: The LORPM is applied to them with greater rigor regarding the duration of the measures, especially if they commit serious crimes or crimes involving violence.
• Adults over 18 years old: From the very day they turn 18 years old, the ordinary Criminal Code and the Ley de Enjuiciamiento Criminal (LECrim) (Criminal Procedure Act) apply fully before adult courts.

Corrective Measures: What Sanctions are Imposed on Minors?

Unlike the adult criminal process, where the penalty seeks retribution and general prevention, the juvenile process has an eminently educational and guidance-oriented nature. The "penalties" here are called "measures" and are adapted to the personal, family, and social circumstances of the minor.

The measures contemplated in Article 7 of the LORPM are classified into:

1. Custodial Measures (Medidas de internamiento)

This is the most severe measure and is reserved for the most serious crimes (such as homicides, sexual assaults, or robberies with extreme violence). It can be of three types:

• *Closed regime confinement (Internamiento en régimen cerrado):* The minor resides in the centre and carries out all their training and leisure activities inside it.
• *Semi-open regime confinement (Internamiento en régimen semiabierto):* The minor resides in the centre but can leave to carry out training, educational, or work activities outside of it.
• *Open regime confinement (Internamiento en régimen abierto):* The minor resides in the centre as their habitual residence but carries out all day-to-day activities in the community environment.

2. Non-Custodial Measures (Medidas de medio abierto)

These measures do not deprive the minor of their freedom of movement and are carried out in their usual environment:

• *Supervised probation (Libertad vigilada):* An educator monitors the minor's attendance at school or work, as well as their behaviour patterns.
• *Community service (Prestación de servicios en beneficio de la comunidad):* The minor performs unpaid activities of social interest. This requires the minor's consent.
• *Socio-educational tasks (Tareas socioeducativas):* The obligation to attend training workshops, road safety programmes, conflict resolution classes, etc.
• *Outpatient treatment (Tratamiento ambulatorio):* For minors with addictions to psychotropic substances or with mental health anomalies.
• *Weekend detention (Permanencia de fin de semana): The minor must remain at their home or in a socio-educational centre from Friday afternoon until Sunday night (maximum of 36 hours* per weekend).

Civil Liability: Who Pays for the Damages?

A critical aspect that worries parents is the reparation of the financial damage caused by the minor. Article 61.3 of the LORPM establishes a very clear rule of joint and several liability:

When the person responsible for the acts committed is a minor under 18 years of age, their parents, tutors, foster parents, or legal or de facto guardians, in this order, will be jointly and severally liable with them for the damages and losses caused.

This means that, if the minor does not have their own assets to pay the compensation imposed by the judge, the parents or legal guardians must pay the full amount of the civil liability with their own personal assets. The law only allows this parental liability to be moderated if they prove that they did not encourage the minor's conduct through negligence or lack of vigilance, which in judicial practice is extremely difficult to prove.

The Judicial Procedure Step-by-Step

The juvenile criminal process in Spain has its own structure that differs from the common criminal process. Below are the essential practical steps:

``` [Complaint or Arrest] ──> [Investigation by Prosecutor] ──> [Technical Team Report] ──> [Hearing Phase (Trial)] ──> [Ruling and Execution] ```

Step 1: Arrest or Summons of the Minor

If a minor is caught committing a crime, they can be arrested by the Fuerzas y Cuerpos de Seguridad del Estado (State Security Forces and Bodies). The arrest of a minor must be notified immediately to their parents or guardians and to the Ministerio Fiscal (Public Prosecutor's Office). The minor must be held in specific custody facilities separated from adults, and the maximum period of police detention is 24 hours (compared to 72 hours for adults). During this time, they must be assisted by a lawyer.

Step 2: Investigation by the Fiscalía de Menores

Unlike the adult procedure, where an investigating judge (Juez de Instrucción) leads the inquiry, in the juvenile procedure, *the investigation (instrucción) is directed exclusively by the Ministerio Fiscal (Fiscalía de Menores)*. The Prosecutor will carry out the necessary proceedings to verify the facts and the minor's involvement.

Step 3: Intervention of the Technical Team (Equipo Técnico)

This is a crucial step exclusive to the juvenile system. A multidisciplinary team (psychologists, educators, and social workers) evaluates the minor's psychological, educational, and family situation. They will issue a non-binding report for the Judge and the Prosecutor, recommending the most appropriate educational measure for the youth or, if applicable, the advisability of shelving the case if the conflict can be resolved through mediation.

Step 4: The Hearing Phase (The Trial)

If the Prosecutor considers that there is sufficient evidence, they will present an accusation statement (escrito de alegaciones). The Hearing (Audiencia) will be held before the Juez de Menores (Juvenile Judge). This hearing is private (to protect the minor's privacy). The Prosecutor, the minor's defence lawyer, the minor themselves, their parents or guardians, and members of the Technical Team (if necessary) will participate.

Step 5: Ruling and Execution of Measures

The Juvenile Judge will issue a reasoned ruling (sentencia) imposing the corresponding measure or acquitting the minor. One of the great advantages of this system is its flexibility: the measures imposed can be suspended, modified, or terminated early by the Juvenile Judge if the minor shows positive progress, following a report from the Technical Team.

Practical Examples with Real Figures

To illustrate how criminal and civil liability work together, we analyse two common scenarios:

Example 1: Property Damage and Civil Liability of the Parents

Hugo, aged 15, sprays graffiti and destroys the communal furniture in the entrance hall of a residential building, causing damages expertly assessed at 2,400 €.

• Criminal route: Since he is 15 years old, the LORPM applies. Having no prior record, the Juvenile Prosecutor's Office, following the Technical Team's report, proposes a measure of 50 hours of community service (cleaning public spaces) and socio-educational tasks.
• Civil route: Hugo has no income or assets. The Juvenile Court sentences his parents to be jointly and severally liable for the payment of 2,400 € to cover the repair of the homeowners' association's entrance hall, plus the costs of the expert assessment amounting to 350 €. The parents must pay a total of 2,750 €.

Example 2: Serious Offense of Assault and Custodial Measure

Mateo, aged 17, gets into a fight outside a nightclub and beats up another youth, causing a jaw fracture that requires surgery and results in 45 days of medical leave.

• Criminal route: Given the severity of the injuries and the use of physical violence by a minor of 17 years (the upper age bracket), the Juvenile Judge imposes a measure of 12 months of semi-open confinement, followed by 6 months of supervised probation.
• Civil route: The compensation set for the victim's injuries and aesthetic scars is quantified at 6,800 €. Mateo's parents are declared jointly and severally liable and must cover this amount with their bank accounts and salaries.

Mistakes You Must Avoid

If you find yourself in a situation where your child or a minor under your guardianship is summoned by the Juvenile Prosecutor's Office, avoid making these serious mistakes:

• Thinking that "nothing happens because they are a minor": There is a false belief that minors enjoy total impunity in Spain. Although the focus is educational, confinement measures are real deprivations of liberty, and financial compensation can bankrupt a family's finances.
• Giving a statement to the Police without a specialist lawyer present: The minor has the right to remain silent and not to incriminate themselves. Anything they declare at the police station without proper advice can seriously jeopardise their defence during the rest of the process.
• Ignoring summonses from the Juvenile Prosecutor's Office or the Technical Team: A lack of cooperation from the family and the minor is interpreted very negatively in the Technical Team's reports, which usually results in the Prosecutor requesting much more restrictive measures.
• Not attempting mediation or conciliation when possible: The LORPM allows cases for less serious crimes to be shelved if the minor apologises to the victim, repairs the damage, or commits to an educational activity. Rejecting this path out of pride or ignorance forces the case to trial, risking a conviction.

Frequently Asked Questions (FAQ)

Do minors have criminal records in Spain?

Yes, but under a special regime. Convictions imposed under the LORPM are registered in the Registro de Sentencias de Responsabilidad Penal de los Menores (Registry of Sentences of Criminal Liability of Minors), which falls under the Ministry of Justice. These records are strictly confidential and are not visible on an ordinary adult criminal record certificate. They are cancelled automatically when the minor turns 18 years old, provided they have completed the imposed measure, although for certain serious crimes the cancellation period can be extended up to 5 years after reaching adulthood.

Can a minor be sent to an ordinary adult prison?

No, under no circumstances. Minors sentenced to a custodial measure serve it in a Centro de Internamiento de Menores Infractores (CIMI) (Juvenile Offender Detention Centre), which are run by the Autonomous Communities and managed by specialised educational and security staff. Even if the minor turns 18 years old during the execution of the measure, they will generally remain in the juvenile centre until it is completed, except in very specific cases where the Judge orders their transfer to an ordinary prison (usually from the age of 21 if their behaviour is highly conflictive).

What happens if a minor commits a crime the day before turning 18?

The applicable law is strictly determined by the age of the offender at the exact moment the acts were committed. If the crime was committed one day before turning 18 years old, the case will be investigated by the Juvenile Prosecutor's Office and judged by the Juvenile Judge under the rules of the LORPM, even if the trial and the execution of the measures take place when the youth is already an adult.

Can parents be imprisoned for crimes committed by their minor children?

No. Criminal liability is strictly personal under Spanish law. Parents will never face criminal liability (such as prison sentences or corrective measures) for their children's crimes. The only liability transferred to parents or guardians is civil liability (the payment of compensation for financial damages and losses).

Is the assistance of a lawyer mandatory in juvenile proceedings?

Yes, defence by a lawyer is a fundamental right and a mandatory requirement in all phases of the process, from the very moment of police detention or the first appearance before the Prosecutor's Office. If the family does not appoint a trusted private lawyer, the State will immediately assign a public defender (abogado de oficio) to guarantee their legal protection.

Summary

• The criminal liability of minors in Spain is active from 14 years to 17 years of age inclusive, under the regulation of LO 5/2000 (LORPM).
• Minors under 14 years old are exempt from criminal liability; their cases are referred to civil child protection social services.
• Juvenile criminal sanctions are called "measures" and have a primarily educational purpose, which can be custodial or non-custodial.
• Parents or legal guardians are jointly, severally, and unlimitedly liable with all their assets for the material and moral damages caused by the minor.
• The police detention of a minor has an unextendable maximum limit of 24 hours, and must be notified immediately to the parents and the Juvenile Prosecutor's Office.
• Having specialised legal advice from the very first minute is vital to guide the process towards alternative solutions like mediation and avoid custodial measures.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.