Parental Responsibility for Crimes of Minor Children
Parental Liability for Crimes and Harm Caused by Minor Children
When a minor child causes injury, breaks property, gets into a fight, or is found responsible for another wrongful act, one of the family’s first questions is often financial: Do we have to pay for damages?
The answer depends on the age of the child, the nature of the facts and the applicable legal route. In proceedings for the criminal responsibility of minors, there is a specific regime of parental liability for crimes committed by their children and for the damage resulting from such acts.
Are parents liable for crimes committed by their minor children?
Parents are not criminally liable for a crime committed by their child simply because they are his parents. Criminal responsibility is personal: the procedure determines whether the adolescent participated in the events and what measure may correspond to him.
The civil liability of parents for minors is different. When the person responsible for the act is under 18 years of age and Organic Law 5/2000 applies, the law establishes that his parents, guardians, foster parents and legal or de facto guardians are jointly and severally liable with him, in the order provided for by law.
Difference Between Criminal Liability and Civil Liability
Criminal responsibility determines whether the minor committed a crime and what action is appropriate under juvenile law. The purpose of the civil liability of minors is to make financial reparation for the damages arising from the facts.
Thus, a procedure can simultaneously analyze the consequences for the adolescent and the compensation claimed by the victim. Our juvenile criminal lawyers can coordinate both aspects.
Who must pay compensation?
Organic Law 5/2000 establishes a specific system of joint and several liability of parents and minors. This means that the complaint can be directed against the adolescent and against the persons legally called upon to respond with him.
It should not be construed as an obligation to accept any amount requested. Before paying compensation for a crime committed by a minor , it is necessary to check whether the fact, the participation of the minor, the real existence of the damage and the correct amount of each concept are proven.
Liability for Injuries Caused in a Fight
A fight between teenagers can lead to an injury claim in addition to criminal proceedings. Damages arising from the injury, treatment, sequelae and other proven damages can be claimed.
If there was a reciprocal aggression or several minors were involved, responsibility must be individualized. In minor events, it may also be relevant to assess minor crimes.
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Parental responsibility in cases of bullying
Bullying can generate parental liability for bullying when it causes creditable damages. It is necessary to analyse what behaviours the minor actually carried out, for how long and what damages are related to them.
In certain cases, the performance of the educational centre can also be studied. The possible responsibility of the parents and that of the school respond to different grounds and should not be confused.
Property damage caused by minors
Breakage of telephones, furniture, vehicles, facilities or school supplies may give rise to a claim for damage caused by minors. The injured party must prove the damage and its valuation.
The cost of replacement is not always automatically equivalent to the compensation due. It may be necessary to study the previous state of the property, the possibility of reparation and the relationship between the damage and the child’s conduct.
Theft, robbery, and other property crimes
In property crimes, there may be an obligation to return the property or compensate its value if it can no longer be recovered. The responsibility of the parents for the theft of a minor child must be analysed in the light of the specific participation of the adolescent and the damage actually proven.
Damage caused to schools and institutes
When the events occur in an educational center, it may also be necessary to analyze the position of the school or institute. The Civil Code provides for the liability of the owners of certain educational establishments for damage caused by minor pupils during the periods in which they are under the control or supervision of the teaching staff.
Responsibility of the educational institution
The possible responsibility of the educational center must be studied separately from that of the parents. In private or subsidised centres, the civil regime may be relevant; in public centres, the financial liability of the Administration may be applicable.
Can insurance intervene?
Yes. Before personally assuming the payment of a claim, it is advisable to review home or family civil liability insurance. Some policies may cover damage caused by minor children, although their limits and exclusions should be checked.
Organic Law 5/2000 also provides that the insurer that has assumed the risk may respond directly up to the legal or agreed limit.
How is compensation calculated?
There is no fixed amount for the fact that a minor has committed a crime. Compensation for a juvenile’s crime depends on the harm actually caused.
Injuries, sequelae, expenses, material damage and other proven damages can be assessed. Each concept must be justified by reports, invoices, budgets or sufficient documentation.
How do you claim civil liability in juvenile proceedings?
Organic Law 5/2000 regulates a specific piece of civil liability in the procedure of minors. It can involve the injured parties, possible civil liability and, where appropriate, insurance companies.
This allows us to discuss within the procedure who should be liable, what damages are proven and what amount is appropriate.
What to do when claiming compensation from parents
Receiving a claim does not mean that it should be accepted immediately. It is necessary to review what facts are attributed to the minor, if the responsibility is proven, what concepts are claimed and how they are justified.
It is also advisable to check the insurance policies and communicate the matter to the insurer when there may be coverage. The defense must coordinate the economic issue with the criminal procedure.
Our criminal lawyers can jointly analyze the liability of parents for the damages of their minor children and the amount claimed to determine which concepts are appropriate and which can be discussed.
Are you being asked for compensation for acts attributed to your child? We can analyze both the liability and the amount claimed.
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Do I have to pay for what my child has done?
Not every complaint against parents should be accepted automatically. If the minor is responsible for an act subject to juvenile criminal law, there may be civil liability of the parents, but the facts, the damages claimed and the possible insurance coverage must be analyzed.
Who is responsible if a minor causes injury?
If a minor causes injuries and their liability is proven, compensation can be claimed for the damages suffered. Organic Law 5/2000 provides that minors may be jointly and severally liable with their parents, guardians, foster parents or legal or de facto guardians.
Do parents pay their children’s fines?
The juvenile jurisdiction does not apply the same penalties as adults. A distinction must be made between the measures that may be imposed on the adolescent and civil liability for the damage caused. Paying compensation is not the same as paying a criminal fine.
Who pays if my child breaks other people’s property?
There may be an obligation to repair the property or compensate its value if the damage and responsibility of the minor is proven. The amount must be justified and can be discussed if it does not correctly reflect the damage caused.
What happens in a fight?
If the minor causes injuries during a fight, in addition to the consequences of juvenile criminal proceedings, there may be a financial claim. It is necessary to analyze what each participant did, what injuries they caused and whether there was a reciprocal aggression.
Who responds in a case of bullying?
In a case of bullying , there may be responsibility of the minor perpetrator, his parents or guardians and, in certain circumstances, of the educational center. Each possible liability must be analyzed separately.
Can the school respond?
Yes, in certain cases. The possible liability of the educational institution depends on the circumstances, the duty of vigilance, the information it had about the facts and the measures it adopted to prevent or stop the damage.
Can insurance cover it?
Yes. Some home or family liability policies may cover damage caused by minor children. It is necessary to review the conditions, limits and exclusions of the insurance and report the claim within the established deadlines.
What happens if the parents are separated?
Separation or divorce does not automatically mean that only one parent is liable. The custody, the circumstances of the event and who appears legally responsible in the specific case must be analyzed.
How is compensation calculated?
Compensation for an offence committed by a minor depends on the harm actually caused. Injuries, sequelae, expenses, material damage and other damages can be assessed by reports, invoices or other documentation.
Can the amount claimed be disputed?
Yes. Even if there is liability, the amount requested can be debated if it includes unproven concepts, expenses that are not related to the facts or an excessive valuation of the damage. The existence of liability and the amount of compensation are different issues.
Are you being asked for compensation for acts attributed to your child?
We can analyze both the liability and the amount claimed.
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