The involvement of a minor between 14 and 17 years old in a criminal offense activates a different jurisdiction than that for adults. The Spanish legal system applies Organic Law 5/2000 (LORPM), a framework that evaluates the criminal act, the minor’s age, their environment, and their personal situation.
By legal mandate, the juvenile system replaces the traditional concept of «penalties» with «measures.» The judicial response has a strictly educational, corrective, and social rehabilitation purpose. Having a juvenile criminal defense attorney from the beginning of the case ensures a defense adapted to this specific jurisdiction.
The following details the functioning of the juvenile criminal procedure, its investigative phases, and the measures imposed by the Judge.
Phases of criminal proceedings for minors under 18 years old
The procedure is activated when attributing to a young person between 14 and 17 years old an act classified as a criminal offense. Unlike ordinary proceedings, the case investigation falls under the Public Prosecutor’s Office. Subsequently, the Juvenile Judge assumes jurisdiction for the hearing phase, sentencing, and execution.
Detection of the offense and police action
The process begins through a complaint, police report, or criminal charge. If the minor is arrested, regulations require a protective protocol: comprehensible reading of rights, immediate notification to legal representatives, and mandatory physical separation from adult detainees.
Police detention is an exceptional measure. Police must release the minor or place them at the Prosecutor’s disposal within a maximum period of 24 hours. In these initial moments, the intervention of a 24-hour criminal defense attorney in Madrid.
Do you need an attorney experienced in juvenile criminal cases?
Types of sentences in juvenile criminal proceedings
Juvenile jurisdiction applies measures, not ordinary imprisonment penalties. The imposition depends on the severity of the offense, the age of the responsible party, and their psychosocial profile.
Closed regime confinement
This is the most restrictive measure. The minor must reside in the facility, where they conduct all their educational, training, and recreational activities.
Closed confinement applies exclusively to extremely serious offenses: crimes committed with violence or intimidation, risk to life, or actions within criminal groups.
Semi-open regime confinement
The minor resides in the facility’s premises but is authorized to perform external activities linked to their educational or work program. It represents intensive control with some community permeability.
Open regime confinement
The facility serves as the minor’s usual residence, but the entire educational and training project is developed using the community’s standardized services. This is the least restrictive form of confinement.
Therapeutic confinement and outpatient treatment
These measures apply to minors with psychological anomalies or disorders, as well as those with proven substance dependencies. Treatment can be developed in confinement regime or on an outpatient basis. The objective is to treat the underlying pathology that motivated the criminal behavior.
Supervised probation
This is one of the most applied measures in the courts. It involves monitoring the minor by p
Do you need an attorney experienced in juvenile criminal cases?
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.