How Spain tries and sanctions minors who commit crimes

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1. The Law applies to people between 14 and 18 years old when they commit acts classified as crimes or minor offenses. Those under 14 are not held responsible under this Law; instead, civil child protection rules apply to them.
2. It can also apply to 18 to 21 year olds, called young people, if the Judge expressly decides so and certain conditions are met, such as the offense being less serious and without violence.
3. The measures that can be imposed are both educational and punitive: confinement in closed, semi-open or open regimes, therapeutic confinement, outpatient treatment, day center attendance, weekend stay, supervised probation, living with another family, community service, socio-educational tasks, a warning from the Judge, and loss of the driver's license or of hunting or weapons licenses.
4. Measures generally cannot last more than two years, or more than five for those over 16 in crimes involving violence or serious risk to people. Closed confinement only applies in those serious cases, and negligent acts can never be punished with closed confinement.
5. The Public Prosecutor's Office investigates the case and may drop it or end it if the minor reconciles with the victim or repairs the damage, for example by apologizing or doing work for the victim's benefit.
6. Minors have guarantees from the start: the right to a lawyer, to be informed, to be heard and to psychological support. Their statement is taken with a lawyer and, where applicable, their parents or the Public Prosecutor present, and police detention cannot exceed 24 hours.
7. Parents, guardians and caretakers are jointly liable with the minor for civil damages, although the Judge may reduce that liability. Insurers covering the risk are directly liable up to the agreed limit.
8. Measures are carried out by public entities of the Autonomous Communities in centers specific to minors, always under the control of the Juvenile Judge, who may suspend, replace or cancel the measure in the minor's interest.

Who it affects

• Minors aged 14 to 18 who commit crimes or offenses: They may receive educational-punitive measures under this Law.
• Young people aged 18 to 21: They may fall under this Law if the Judge so decides in certain cases.
• Parents, guardians and caretakers of offending minors: They are jointly liable for the civil damages caused.
• Victims and injured parties: They may receive reconciliation and reparation and, in serious violent crimes, join the proceedings.
• Autonomous Communities: They carry out the measures in centers for minors under judicial control.

Words worth knowing

Internamiento en régimen cerrado (closed-regime confinement)

A measure where the minor lives in a center with restricted freedom and does all activities there.

Libertad vigilada (supervised probation)

The minor keeps living in their community but under the supervision of a professional and with obligations or prohibitions set by the Judge.

Conciliación (reconciliation)

The minor acknowledges the harm, apologizes to the victim, and the victim accepts the apology.

Responsabilidad solidaria (joint liability)

Several people are each fully liable for paying damages, so the injured party can claim from any of them.

Ministerio Fiscal (Public Prosecutor's Office)

Public institution that leads the investigation of the facts and defends the law and minors' rights.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries