If your teenager is accused of a crime in Spain

Terms used

• Fiscalía de Menores — The Fiscalía de Menores is the juvenile prosecutor's office, which investigates offences by 14 to 17 year olds and leads the case.
• Equipo Técnico — The Equipo Técnico is a team of psychologists, educators and social workers that reports on the minor and proposes a measure.
• Escrito de alegaciones — The escrito de alegaciones is the prosecutor's document setting out the accusation and the measure requested.
• Juzgado de Menores — The Juzgado de Menores is the juvenile court that holds the hearing and issues the judgment.
• Acusación particular — The acusación particular is the victim's own legal party in the case, separate from the prosecutor.
• Libertad vigilada — The libertad vigilada is supervised probation, where the minor lives at home under monitoring and follows set conditions.

Key rules

• Age group: Teenagers aged 14 to 17 at the time of the offence go through the juvenile system, and under 14 there is no criminal liability.
• Lawyer: Your teenager must have a lawyer specialised in juvenile law from the start and cannot be questioned without one.
• Custody limit: Police have at most 24 hours before release or handover, and the whole process before the Fiscalía decides is up to 72 hours.
• Parents: You must be told immediately about the detention and the reasons for it.
• Appeal: A judgment can be appealed to the Audiencia Provincial.

Which system applies to your teenager

Teenagers aged 14 to 17 are tried under a separate juvenile law, not the adult criminal system. The Fiscalía de Menores runs the case, and the focus is on educational measures rather than punishment.

What counts is your teenager's age on the day of the alleged offence. If the trial happens after they turn 18, the juvenile law can still apply. Adults aged 18 and over are tried under the ordinary Penal Code, though the court may soften the penalty.

Under 14, your child is not criminally liable. Any follow-up is a matter for child protection services.

The law has two age groups: 14 to 15, and 16 to 17. The older group faces longer measures and stricter regimes, especially for serious violent offences.

If your teenager is detained

Act fast on these points. The checklist below has the full list.

• Lawyer: Your teenager has the right to a lawyer specialised in juvenile law from the very start. Ask for one straight away.
• Silence: They have the right to stay silent. They should use it until the lawyer is there.
• Telling you: Police must inform you, as parent or guardian, immediately of the detention and the reasons.
• Questioning: Your teenager cannot be questioned without the lawyer. Where possible, you or another legal representative should be present too.
• Other rights: They must be told their rights in language they understand. They can have a medical examination and an interpreter if needed.
• Where they are held: Separate facilities from adults, with staff trained to work with minors.

Police can hold your teenager for the strictly necessary time, and for no more than 24 hours. After that they must release your teenager or hand them to the Fiscalía de Menores. The Fiscalía then has 48 more hours to decide, so the total is up to 72 hours. Terrorism cases have a special regime that allows up to 5 days, so ask the lawyer how it applies.

How the case moves

1. Investigation. The prosecutor, not a judge, leads it. The Equipo Técnico, a team of psychologists, educators and social workers, reports on your teenager's situation, family and surroundings. It proposes a suitable measure.
2. Possible early end. In minor cases the prosecutor may drop the case. They may also arrange mediation or reparation with the victim. Ask the lawyer early whether this is possible.
3. Allegations. If the case goes on, the prosecutor files an escrito de alegaciones, the document setting out the accusation and the measure requested.
4. Hearing. The Juzgado de Menores holds a hearing with your teenager, their lawyer, you and the Equipo Técnico. It then gives its judgment.
5. Appeal. You can appeal to the Audiencia Provincial. In limited cases an appeal can go further, to the Supreme Court.

The victim can take part in the case as an acusación particular. They can also claim compensation, which is dealt with in a separate part of the case.

What measures can be imposed

The judge picks from a list of measures. They include:

• internment in a closed, semi-open or open centre, or therapeutic internment;
• day-centre attendance or weekend stays at home;
• probation (libertad vigilada);
• living with another person, family or educational group;
• community service and socio-educational tasks;
• a warning;
• a ban on driving or holding a weapon licence.

Most measures last up to 2 years. For serious offences the limits rise. For 14 to 15 year olds a single measure is generally up to 3 years, with internment up to 5 years in the most serious cases combined with probation. For 16 to 17 year olds it is up to 6 years, or 8 years in the most serious cases, followed by up to 5 years of probation. Terrorism or murder can go beyond these figures. Some measures can continue after your teenager turns 18.

The judge can change or replace a measure if your teenager makes good progress. The exact limits depend on the offence and age group, so ask the lawyer what applies to your case.

Timeline and deadlines

• Make sure your teenager has a lawyer specialised in juvenile law and that you, as parent or guardian, are told about the detention and its grounds: immediately after the detention, from the start

• Police must release your teenager or hand them to the Fiscalía de Menores, the juvenile prosecutor: within 24 hours of detention at most

• The Fiscalía de Menores decides what happens next, which keeps the total within the 72-hour custody limit: within another 48 hours after the handover

• In terrorism cases a special regime allows a longer detention; ask the lawyer how it applies: up to 5 days

• The prosecutor investigates and the Equipo Técnico, a team of psychologists, educators and social workers, reports on your teenager and family: after the detention stage, before any hearing

• In minor cases the prosecutor may drop the case or arrange mediation or reparation with the victim: during the investigation, before the hearing

• The prosecutor files the allegations document and the juvenile court holds a hearing, then issues its judgment: if the case goes ahead after the investigation

• Appeal the judgment to the Audiencia Provincial if you disagree: after the judgment; ask the lawyer for the exact deadline

Checklist

• Confirm your teenager's age on the day of the alleged offence: ages 14 to 17 are handled under the separate juvenile law, while a child under 14 goes to child protection services.

• Ask the lawyer to explain how the juvenile law works: the Fiscalía de Menores runs the investigation and the focus is on educational measures, not punishment.

• Tell your teenager they have the right to stay silent and should use it until the lawyer is present.

• Check that you were told straight away about the detention and why it happened.

• Insist that no questioning takes place without the lawyer and, where possible, you or another legal representative.

• Ask that your teenager is held in separate facilities from adults, and request a medical examination and an interpreter if needed.

• Prepare to talk openly with the Equipo Técnico about your teenager's situation, family and surroundings, because its report shapes the proposed measure.

• Ask the lawyer which measures are possible for your teenager's age group and how long they could last.

• Ask the lawyer about appealing the judgment to the Audiencia Provincial and the deadline for doing so.

Frequently asked questions

What happens if my child is under 14 when accused of a crime?

A child under 14 is not criminally liable under the juvenile law or the Penal Code. Any follow-up is handled by child protection services, not by the Fiscalía de Menores or the juvenile court.

Is my 17-year-old treated as an adult if the trial happens after turning 18?

No, the juvenile law looks at your teenager's age at the time of the offence, not at the trial date. Measures can also continue after 18 in some cases. Someone who was already 18 or older at the time of the offence is tried under the ordinary Penal Code.

Can the victim take part in my teenager's case?

Yes, the victim can join the case as a private accuser (acusación particular) and claim compensation. The compensation claim is handled in a separate part of the case, so ask your lawyer how it affects your family.

Can we appeal the juvenile court's judgment?

Yes, the judgment can be appealed to the Audiencia Provincial, the provincial appeal court. In limited cases a further appeal can reach the Supreme Court. Your lawyer should tell you early which route fits your case.

How long can a measure against a teenager last?

Most measures last up to 2 years. For serious offences the limit is generally 3 years for ages 14 to 15, and up to 6 years for ages 16 to 17, rising to 8 years in the most serious cases.