What happens if a minor is arrested for a cybercrime in Spain?

Having a child arrested for a cybercrime takes almost every family by surprise: many parents had no idea what their son or daughter was doing on the computer. In early October 2026 the Civil Guard (Guardia Civil) reported the arrest in the province of Alicante of a 16-year-old, the alleged administrator of an international ransomware group. Leaving that case aside, since it is in the hands of the courts and the presumption of innocence applies, we explain what happens when a teenager is arrested for an offence committed over the internet and what you can do as a parent.

The news: a minor arrested in Alicante over ransomware

According to reports published on 1 and 2 October 2026, the Civil Guard, together with the Mossos d’Esquadra, Europol, Eurojust and the FBI, has dismantled the infrastructure of the KillSec ransomware group. The Spanish investigation began in 2025. The group is credited with around a thousand cyberattacks, some 500 of them successful, and the operation ended with three arrests in several countries and eight searches. One of those arrested is a 16-year-old minor located in the province of Alicante.

We will not go into the specific case. What it does raise is a very practical question: what happens, step by step, when the person under investigation for a computer crime is a minor.

From what age is a minor criminally responsible?

In Spain, minors are not tried under the adult Criminal Code but under Organic Act 5/2000 regulating the criminal responsibility of minors (known as the Juvenile Justice Act, Ley del Menor). Age determines which rules apply:

What counts is the age the young person was when the events took place, not their age when the case comes to trial. If an activity began at 17 and continued after turning 18, each period may end up before a different jurisdiction.

What computer crimes can a minor commit?

The fact that the offender is a minor does not change the offence: it changes the law that applies and the type of response. The conduct most often seen online may, depending on the case, amount to these offences under the Criminal Code:

• Unlawful access to computer systems (art. 197 bis): entering a system or other people’s accounts without authorisation.
• Computer damage (art. 264): deleting, damaging or making inaccessible other people’s data or programs, as happens in a ransomware attack.
• Fraud (arts. 248 et seq.): deception to obtain money, including computer fraud.
• Extortion (art. 243): forcing someone to pay or to do something under threat, for example of publishing stolen data.
• Criminal organisation or group (arts. 570 bis and 570 ter), when acting in a coordinated way with other people.

If the minor was the victim rather than the offender (for example, of online fraud), the situation is different; we explain it on our page about fraud in Alicante.

How a minor is arrested

The Juvenile Justice Act (art. 17) gives an arrested minor enhanced protection:

• The police must inform them immediately, in clear language, of what they are accused of, the reason for the arrest and their rights.
• They must notify the parents or guardians and the Public Prosecutor (Ministerio Fiscal) immediately. If the minor is a foreign national living outside Spain, the consulate must also be informed.
• The minor’s statement is always taken with a lawyer present and in the presence of the parents or guardians, unless circumstances advise against it; in that case, before a prosecutor other than the one in charge of the case. The minor has the right to speak privately with their lawyer before and after giving a statement.
• They must be held in premises separate from adults.
• Detention will last only as long as strictly necessary and never more than 24 hours. Within that time the minor is released or placed at the disposal of the Juvenile Prosecutor’s Office, which must decide within a maximum of 48 hours from the arrest whether to release them, drop the case or open proceedings and ask the judge for interim measures.

In addition, the minor has the same rights as any detainee: to remain silent, not to incriminate themselves and not to plead guilty. We explain them in detail in what to do if you are arrested.

What measures can be imposed?

The Juvenile Justice Act does not speak of “sentences” but of measures, with an educational purpose. The judge chooses the most suitable one taking into account the facts and, above all, the minor’s personal circumstances, which are assessed by the court’s technical team (a psychologist, an educator and a social worker). Among those listed in article 7:

• Formal warning.
• Community service and socio-educational tasks.
• Supervised release.
• Weekend detention.
• Prohibition on approaching or contacting the victim.
• Detention in an open, semi-open or closed youth centre.

For acts of extreme seriousness committed at 16 or 17, the law requires the judge to impose closed detention of one to six years, followed by supervised release with educational support for up to five years (art. 10).

Can a trial be avoided?

In some cases, yes. If the minor acknowledges the harm and apologises to the victim, or undertakes to repair it or to carry out the educational activity proposed by the technical team, the Prosecutor’s Office may decide not to pursue the proceedings (conciliation and reparation, art. 19). This option is only available when the offence is less serious and there was no serious violence or intimidation, so it does not apply to the most serious acts.

Do parents pay for the damage?

In principle, yes. Parents, guardians or carers are jointly and severally liable with the minor for the loss and damage caused (art. 61.3 of the Juvenile Justice Act). In a cyberattack involving financial losses, that civil liability can be very high. The judge may reduce it where the parents did not encourage the minor’s conduct intentionally or through gross negligence, which is why it pays to prepare that part of the proceedings carefully from the outset.

What to do if your child is arrested

1. Stay calm and find out which police station your child is at and whether the Juvenile Prosecutor’s Office has already been notified.
2. Find a trusted criminal defence lawyer as soon as possible. The statement must be given with a lawyer; this can be the duty lawyer or one chosen by the family.
3. Ask that your child does not give a statement before speaking privately with their lawyer. It is a right, not a sign of guilt.
4. Do not touch or wipe devices or accounts, and do not discuss the case on social media or in messaging groups.
5. Gather information about your child’s situation: schooling, family background, psychological support if they have it. The technical team will take it into account when proposing a measure.

Minors and cybercrime in Alicante

In the province of Alicante, cases against minors are investigated by the Juvenile Prosecutor’s Office of the Provincial Prosecutor’s Office (Fiscalía Provincial) and decided by the Juvenile Section of the Alicante Court of First Instance, formerly the Juvenile Courts (Juzgados de Menores), which since the reform introduced by Organic Act 1/2025 (Ley Orgánica 1/2025) sits in the provincial capital and has jurisdiction over the whole province. Cybercrimes are usually investigated by specialised units of the Civil Guard or the National Police (Policía Nacional), and in cases with international ramifications Europol or police forces from other countries are also involved.

In practice, the first 48 hours are decisive: what the minor says, the interim measures the Prosecutor’s Office requests and the way civil liability is approached from the start shape much of the outcome. We support you from the arrest, through the statement before the Prosecutor’s Office and throughout the proceedings, including when the family or the minor does not speak Spanish.

Frequently asked questions

Can a 14-year-old be taken to court for hacking?

No. Children under 14 bear no criminal responsibility in Spain. If they commit an act that would be an offence, such as accessing other people’s accounts or damaging a system, child protection rules are applied through social services and the competent public authority, but there are no criminal proceedings and no measures under the Juvenile Justice Act. There may, however, be a civil claim for the damage.

How long can a minor be held in custody?

Only as long as strictly necessary and never more than 24 hours at a police station. Within that time the minor must be released or placed at the disposal of the Juvenile Prosecutor’s Office, which must decide within a maximum of 48 hours from the arrest: it may release them, drop the case or open proceedings and ask the judge for interim measures, such as detention in a youth centre or supervised release.

Can a minor be sent to a youth detention centre for a cybercrime?

Yes, if the acts are serious. Detention in a youth centre is one of the measures under the Juvenile Justice Act and can be open, semi-open or closed. Where the minor was 16 or 17 and the act is extremely serious, the law requires closed detention of one to six years, followed by supervised release. In minor cases, measures such as socio-educational tasks or supervised release are usually applied.

Who pays for the damage a minor causes online?

The minor and, jointly and severally, their parents, guardians or carers, who are liable for compensating the victims under article 61.3 of the Juvenile Justice Act. The judge may reduce the parents’ liability if they did not encourage the minor’s conduct intentionally or through gross negligence. In cyberattacks with significant losses, this part can be the most costly for the family.

Can a minor avoid a trial?

In some cases, yes. If the offence is less serious and there was no serious violence or intimidation, the Prosecutor’s Office may drop the proceedings when the minor reconciles with the victim, repairs the damage or undertakes to complete an educational activity. This route does not exist for the most serious acts, but a well-prepared defence can have a major influence on the measure imposed.

If your child has been arrested or is under investigation for a computer crime, call us as soon as possible: the first hours count. You can reach us on 607 449 491 (24 hours, also on WhatsApp), and our team will assist you in English. You will find more information on our pages on juvenile crime lawyer in Alicante, computer crimes and 24-hour assistance for detainees.