Juvenile Crimes in Spain: How a Criminal Defense Attorney Acts

Receiving a call from the Police, Prosecutor’s Office or the Court because your child is involved in a crime is not part of anyone’s plans. In a matter of minutes, everything changes.

Doubts arise, worry, and above all, a very specific feeling: you don’t know what to do or how to react.

Until 2001, minors were tried under a model very similar to that of adults. With the entry into force of Organic Law 5/2000, this changed completely.

The system stopped focusing solely on sanctioning. It adopted a different approach: protecting the minor, correcting their behavior and preventing them from reoffending.

In this context, having a juvenile criminal defense attorney from the beginning is not something accessory. It’s what makes the difference between redirecting the case or complicating it from the first moment.

What is understood by crimes committed by minors

In Spain, the age of majority is set at 18 years. Before that age, criminal responsibility is not governed directly by the Criminal Code, but by specific legislation.

The Organic Law 5/2000, regulating criminal responsibility of minors applies.

This means that, although the act may be a crime, the legal treatment is different if committed by a minor.

The Law establishes that minors who will be held criminally responsible are those who:

• Are over 14 years old

Scope of application for crimes committed by minors in Spain

The juvenile criminal procedure has a clear purpose: to determine if the minor is responsible for the act and, if so, what measure is most appropriate.

During the process, the following is analyzed:

• Whether the minor participated in the acts
• Under what circumstances they occurred
• What response is most appropriate for their situation

If responsibility is established, the judge does not impose a penalty as such, but rather a measure oriented toward their rehabilitation.

Who has jurisdiction to try these crimes?

Crimes committed by minors are not processed in ordinary criminal courts.

Specific bodies exist:

• Juvenile Courts, which resolve the procedure
• Juvenile Prosecutor’s Office, which drives the investigation

The Public Prosecutor’s Office has a particularly relevant role, as it not only acts in defense of legality, but also in the interest of the minor.

This is important: the system does not seek only to sanction, but to intervene in a balanced way considering all interests at stake.

What to do in case of detention of our underage child

If a minor is deta

What are the objectives of juvenile criminal procedure

The juvenile system’s main purpose is not to punish.

It seeks to:

• Correct behaviors
• Prevent them from recurring
• Promote the minor’s integration

In recent years, with the use of social media, behaviors such as harassment or cyberbullying have increased, requiring an appropriate response from both legal and educational perspectives.

Therefore, measures include educational programs, educational activities and monitoring of the minor.

What are the most common crimes committed by minors?

Assault: fights that end in criminal proceedings

The most common crime among minors is assault. It usually stems from fights in schools, parties or arguments that get out of hand. When there is a medical report or witnesses, what seemed like a one-off conflict becomes criminally relevant.

Robbery: especially among adolescents

Robberies, especially with violence or intimidation, are also very frequent. It’s common to see cases of theft of mobile phones, money or personal items among minors, often in groups and in contexts of social pressure.

Threats and coercion: the weight of messages

Threats have grown with mobile phone use. Messages, audio recordings or social media posts can constitute a crime, even though the minor may not be aware of it. Here the problem