Juvenile crime lawyer in Alicante

What juvenile criminal liability is

When a boy or girl aged 14 to 17 commits an act classed as an offence, they are not tried as an adult. The Juvenile Criminal Liability Act (Ley Orgánica 5/2000, reguladora de la responsabilidad penal de los menores) applies (art. 1). This law does not impose penalties but measures with an educational purpose, chosen according to the minor’s age, family and social circumstances, personality and best interests (art. 7.3).

If the child is under 14, they cannot be held criminally liable. The public prosecutor refers the case to the public child protection authority, which assesses the child’s situation and takes the appropriate protective measures (art. 3).

Since Organic Law 1/2025, these cases are heard by the Juvenile Section of the Court of First Instance (Sección de Menores del Tribunal de Instancia), which generally sits in the provincial capital, Alicante, and replaces the former Juvenile Court.

How the procedure works

Juvenile proceedings have their own rules, designed to protect the minor:

• The public prosecutor investigates, not a judge (art. 16). The prosecutor decides whether to close the case, drop it or open formal proceedings (expediente).
• Arrest: it must be carried out in the way that causes the least harm to the minor and the parents or guardians must be informed immediately. The police have a maximum of 24 hours to release the minor or place them at the disposal of the public prosecutor, who must decide within 48 hours of the arrest (art. 17).
• Statement: always with their lawyer and, unless it is not appropriate, with their parents or guardians. They have the right to speak privately with their lawyer before and after making a statement (art. 17.2).
• Technical team: psychologists, educators and social workers prepare a report on the minor’s psychological, educational and family situation (art. 27). That report carries great weight in the measure imposed.
• Hearing: the hearing is not public (art. 35).

If your child has been arrested, call us immediately. Our 24-hour lawyer for people under arrest service also assists minors.

Measures that can be imposed and how long they last

Article 7 of the Act lists the measures, from most to least restrictive. They include:

• Detention in a closed, semi-open or open regime, and therapeutic detention.
• Outpatient treatment and attendance at a day centre.
• Weekend detention.
• Supervised probation, with obligations such as attending school or following training programmes.
• A ban on approaching or contacting the victim.
• Community service, which requires the minor’s consent, and socio-educational tasks.
• A formal reprimand by the judge.

Limits on duration

As a general rule, measures cannot last more than two years (art. 9.3). Detention in a closed regime is only possible for serious offences, for less serious offences committed with violence or intimidation or with serious risk to people’s life or physical integrity, or for offences committed in a group or on behalf of a gang or organisation (art. 9.2). Acts of negligence can never be punished with closed detention (art. 9.4).

In those more serious cases, the measure can reach three years if the minor was 14 or 15 when the acts were committed, and six years if they were 16 or 17 (art. 10.1). For the most serious offences, such as homicide, murder, certain sexual assaults, terrorism or any offence punishable by fifteen years in prison or more, closed detention is mandatory: from one to five years for minors aged 14 or 15 and from one to eight years for those aged 16 or 17, followed by a period of supervised probation (art. 10.2).

Solutions without a trial: dropping the case and conciliation

Juvenile law offers ways out that do not exist in adult proceedings, and a good defence works to achieve them:

• Dropping the case (desistimiento): for less serious offences without violence or intimidation, or for minor offences, the public prosecutor may decide not to open proceedings and refer the case to the child protection authority, provided the minor has not previously committed acts of the same kind (art. 18).
• Conciliation or reparation (conciliación o reparación): for less serious or minor offences, if the minor acknowledges the harm, apologises and the victim accepts, or if the minor undertakes to repair the harm or carry out an educational activity, the public prosecutor may ask for the case to be closed (art. 19). For sexual offences or offences related to gender-based violence, conciliation is subject to additional requirements.

1. We talk calmly with you and your child to understand what happened and their personal, school and family situation.
2. We assist them when they make their statement and ensure that all their rights are respected.
3. We work with the technical team and provide reports from school, activities or treatment that show their real environment.
4. Where possible, we seek to have the case dropped or resolved through conciliation or reparation, which avoids a trial.
5. If there is a hearing, we argue for the most appropriate and least restrictive measure, and appeal where appropriate.

Parents and compensation

Parents, guardians, foster carers and custodians are jointly and severally liable with the minor for the damage caused. If they did not encourage the conduct intentionally or through gross negligence, the judge may reduce their liability (art. 61.3). That is why parents should also be properly advised from the outset.

Records and limitation periods

Measures imposed on minors are entered in a separate register, distinct from the adult criminal record register. More information on our page on criminal records. As for limitation periods, less serious offences committed by minors become time-barred after one year; serious ones after three years, or five if the penalty provided exceeds ten years; and the most serious ones in accordance with the Criminal Code (art. 15).

If your child is the victim

The victim, and their parents if the victim is a minor, can join the proceedings as a private prosecutor, request measures and be informed of the proceedings (art. 25). Civil liability is claimed by the public prosecutor unless the victim prefers to claim it themselves or reserve it for civil proceedings (art. 61.1). We can represent you as a private prosecutor. If the victim is a girl who has suffered violence from her partner or sexual violence, you can also consult our website specialising in gender-based violence.

Every case is different; after studying yours, we will give you a personalised written quote.