Juvenile Criminal Lawyer | Specialized Criminal Defense
Juvenile Criminal Lawyers
A criminal proceeding against an adolescent requires a different defense than that provided in the adult jurisdiction. Organic Law 5/2000 regulates the responsibility of those who were between 14 and 17 years of age when the events occurred and combines the guarantees of criminal proceedings with an individual assessment of the age, maturity and personal, family and educational circumstances of the minor.
Lawyers specialized in Juvenile Criminal Law
At IN DIEM we have juvenile criminal lawyers who intervene from the first police or prosecutorial action until the resolution of the file and, when appropriate, during the execution of the measure. The strategy is coordinated with our practice of criminal lawyers, but it is adapted to the particularities of juvenile justice: intervention of the Juvenile Prosecutor’s Office, report of the technical team, possible out-of-court solutions and measures of punitive and educational content.
The action of a lawyer specializing in minors makes it possible to protect the rights of the adolescent, explain the procedure to the family and prepare each decision with a legal and personal vision of the case.
When does a minor need a criminal lawyer?
Minor arrested
When a child is detained, legal aid must be activated immediately. The arrest must be communicated to their legal representatives and to the Public Prosecutor’s Office, and the statement must be made with a lawyer. The minor has the right to meet confidentially with his or her lawyer before and after making a statement. Our Detainee Assistance Service allows you to prepare for that first action without delay.
Minor reported or investigated
There is no need to wait for an arrest. In the event of a complaint, a police call or the news of open proceedings, a lawyer for a minor under investigation can review the facts, preserve messages, videos and witnesses, and avoid improvised explanations that harm the defense.
Juvenile Prosecutor’s Office Summons
Before appearing, it is advisable to know the accusation, analyze the available information and decide, with legal criteria, whether it is appropriate to testify and in what terms.
Trial before the Juvenile Court
If the file reaches a hearing, the criminal defense of minors analyzes the evidence, proposes proceedings, discusses the authorship and legal qualification and assesses the measure requested.
Precautionary measures
During the processing, probation, prohibitions of approach or communication, cohabitation with another person or educational group and even precautionary internment may be requested. The defence must examine its necessity, proportionality and suitability to the circumstances of the minor.
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What happens when a minor allegedly commits a crime?
The Juvenile Prosecutor’s Office directs the investigation, carries out proceedings and collects the report of the technical team. It can agree to the archive, promote an out-of-court solution in the permitted cases or send the file to the Juvenile Court. The judge decides on the precautionary measures and issues the final resolution. The early intervention of a lawyer specialising in Juvenile Criminal Law allows access to the file, request evidence and prepare the strategy.
Most frequent crimes in juvenile proceedings
Fights, assaults, and injuries
Fights between adolescents can lead to investigations for injuries, threats or other crimes. It is essential to individualize the behavior of each participant and analyze medical reports, recordings and witnesses. In minor matters, the classification as misdemeanors may also be relevant.
Sexual offences committed by minors
These procedures require special caution. Consent, ages, previous relationship, communications, and possible dissemination of intimate images should be examined. The legal defence of minors must avoid early conclusions and preserve relevant evidence.
Bullying
Bullying is not in itself a single crime. Depending on the facts, it can be related to threats, coercion, injuries, degrading treatment, damage or attacks on privacy.
Threats and coercion
Messages, audios, pressures or acts of intimidation must be assessed in their context, taking into account their seriousness, scope and ability to condition the other person’s behaviour.
Robberies and thefts
In property crimes, it is necessary to distinguish between theft and robbery, to determine individual intervention and to examine the recovery of property or the reparation of damage.
Crimes committed on WhatsApp and social networks
Digital communications can provide evidence of threats, harassment, impersonation, disclosure of secrets or non-consensual dissemination of images. It is advisable to keep the original devices and files, without manipulating conversations or limiting yourself to isolated captures.
How old does a minor have to be to answer criminally?
The relevant age is the age he was at the time of committing the acts. Anyone who was under 14 years of age is not responsible in accordance with Organic Law 5/2000, although the Public Prosecutor’s Office can transfer the situation to the public protection entity. Between the ages of 14 and 17, juvenile jurisdiction applies. Turning 18 during the investigation does not make the matter an adult procedure.
What measures can be imposed on a minor?
The law provides for measures adapted to the fact and the situation of the adolescent. These include reprimands, socio-educational tasks, benefits for the benefit of the community, weekend stay, probation, prohibitions of approach or communication, outpatient treatment and internment. Its choice and duration depend on the severity, age, personal circumstances and the technical report.
The importance of acting from the beginning
The first hours can condition the test and the strategy. Having a lawyer for a minor accused of a crime allows the preparation of the statement, preservation of digital evidence, detection of contradictions and the assessment of reparation or conciliation when legally possible.
Civil liability for crimes committed by minors
In addition to the criminal measure, reparation for the damage and compensation may be claimed. The minor may be jointly and severally liable with his or her parents, guardians, foster parents or guardians. It should also be checked whether there is insurance that fully or partially covers civil liability.
Criminal Defense of Minors Throughout Spain
IN DIEM provides criminal defence of minors before the Police, Public Prosecutor’s Office and Juvenile Courts throughout Spain. Each matter is prepared with confidentiality, understandable language and a strategy aimed at protecting the rights and future of the adolescent.
Has your child been reported or detained? Consult your case with a lawyer specializing in Juvenile Criminal Law.
Tell us what has happened and we will assess the situation before the child gives a statement.
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Does a reported minor need a lawyer?
Yes. Even if you have not yet been arrested, it is advisable to have a juvenile criminal lawyer before you give a statement or provide a version of events. An early defense allows you to know the accusation, review the evidence and adequately prepare your intervention.
Can a minor choose his or her own lawyer?
Yes. The minor may appoint a trusted juvenile attorney . If the appointment is not made within the corresponding period, a specialized court-appointed lawyer will be assigned.
What happens if a child under 14 years of age is reported?
Minors under 14 years of age are not criminally liable under the legislation regulating the criminal responsibility of minors. However, the Public Prosecutor’s Office can transfer the situation to the protection services so that they can assess whether it is appropriate to adopt any educational or protection measures.
What happens if the minor is between 14 and 17 years old?
When the minor was between 14 and 17 years old at the time of the facts, the special procedure of Organic Law 5/2000 applies. The investigation is the responsibility of the Juvenile Prosecutor’s Office and the Juvenile Court decides on the measures that may be imposed.
Can a minor go to prison?
A minor does not receive a prison sentence like that provided for adults. However, the Juvenile Court may impose a measure of internment in a specific centre, in a closed, semi-open, open or therapeutic regime, when the legal requirements are met.
Can a minor testify without a lawyer?
A detained minor may not give a statement without the presence of his or her lawyer. In addition, he has the right to meet confidentially with the lawyer before and after testifying. The legal assistance of the minor is essential to protect his or her rights from the first action.
Do parents have to be present during the statement?
As a general rule, during the statement of a detained minor, his lawyer and those exercising parental authority, guardianship or guardianship must be present. This presence may be excluded when there are circumstances that make it inadvisable or a conflict of interest.
What does the Juvenile Prosecutor’s Office do?
The Juvenile Prosecutor’s Office directs the investigation, orders the necessary proceedings, guarantees the rights of the minor and assesses his possible participation in the events. It can also agree to the archive, promote an out-of-court solution or send the file to the Juvenile Court.
What is the difference between an adult procedure and a juvenile procedure?
The criminal procedure of minors has a punitive and educational purpose. The Public Prosecutor’s Office directs the investigation, a technical team intervenes and the age, maturity and family, social and educational circumstances of the minor are especially assessed.
Who pays compensation for a crime committed by a minor?
The minor may be civilly liable for damages caused together with his or her parents, guardians, foster parents or legal or de facto guardians. It should also be checked whether there is insurance that fully or partially covers civil liability for crimes committed by minors.
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, the In Diem Team.
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Has your child been reported or detained?
Consult your case with a lawyer specializing in Juvenile Criminal Law. Tell us what has happened and we will assess the situation before the child gives a statement.
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