Juvenile justiceCriminal defence lawyer for minors in Spain

A separate system for 14 to 17 year olds

Children under 14 cannot be criminally prosecuted in Spain. Between 14 and 17, a specific law applies (LO 5/2000), with specialised juvenile courts and prosecutors. The system imposes measures, not prison sentences: supervised liberty, community service, weekend stays, or internment in a juvenile centre for the most serious cases.

The declared aim is education and reintegration, and a good defence uses that: the personal circumstances of the minor, school, family and psychological reports weigh as much as the facts themselves.

What makes juvenile cases different

• The prosecutor leads the investigation, not an investigating judge, and has broad discretion to close cases with reparation or mediation.
• Speed matters double. Early psychological and family reports can redirect a case before positions harden.
• Privacy is protected. Proceedings are not public and records do not follow the minor into adult life in the way many parents fear.
• Parents are part of the procedure. Civil liability for damages falls on parents or guardians, and their engagement influences the measure imposed.

Typical cases

• Fights and injuries at school or in nightlife areas.
• Social media offences: harassment, threats, image-sharing between minors.
• Shoplifting and small-scale property offences.
• Drug possession and small-scale dealing.
• Serious accusations, sexual offences or violent robbery, where internment is at stake and the defence must be complete.

See also: assault and violent offences and cybercrime and online offences.

Frequently asked questions

My child has been detained. How long can they be held? Police detention of a minor is limited and the minor must be transferred to the juvenile prosecutor quickly; parents must be informed immediately and the minor questioned only with a lawyer and, as a rule, in the presence of parents or guardians. Call us before any statement.

We are tourists. Can the case continue after we go home? Yes, through representation. Many cases involving visiting families are resolved with reparation agreements handled at distance.

Will this appear on their record as an adult? Juvenile records are separate and confidential, and do not operate as adult criminal records. Specific effects exist for repeat juvenile offending, which we can explain case by case.

Can the victim’s family claim damages against us as parents? Yes, civil liability for the minor’s acts falls on parents or guardians, and it is negotiated and often insured. Reparation, sincerely made, also improves the educational measure imposed.

Why Société Juridique (SCJE)

Criminal defence with specific juvenile-court experience, psychologists and educators in the expert network, and full handling in English and French. Offices in Alicante and Madrid.

Urgent assistance 24/7: +34 669 30 21 13.