Protection and criminal defense of minors
Specialists in juvenile criminal law
Criminal proceedings involving minors differ significantly from those in the juvenile criminal justice system. Spanish law is based on an approach focused primarily on education and rehabilitation, which requires specialized legal expertise capable of understanding not only the legal implications of the proceedings but also the personal, family, and social circumstances of the minor.
When a minor is under investigation for allegedly committing a crime, the situation causes great concern for both the minor and his or her family. The legal, educational, and personal consequences can be significant, so it is essential to act from the very beginning with an appropriate strategy.
At IN DIEM we provide specialised advice on juvenile criminal law and proceedings before the juvenile jurisdiction, offering comprehensive assistance during all phases of the file and working to protect the rights and interests of the minor with the utmost legal rigour.
Our work is typically coordinated with other areas of criminal defense when the complexity of the case requires a broader perspective on the dispute.
Organic Law 5/2000, Governing the Criminal Liability of Minors
How Juvenile Court Works
Criminal liability for minors is governed primarily by Organic Law 5/2000, which regulates the criminal liability of minors.
Criminal Liability of Minors
These regulations apply to individuals between the ages of 14 and 18 who are alleged to have participated in acts classified as crimes.
The juvenile justice system is not intended solely to punish unlawful conduct. Its primary purpose is to promote education, social reintegration, and the prevention of future criminal behavior.
For this reason, the decisions made by judges and prosecutors take into account not only the facts under investigation, but also aspects such as:
- The child’s age.
- Its level of maturity.
- The family environment.
- The State of Education.
- Personal circumstances.
- The progress made during the procedure.
This distinctive approach makes specialized defense a particularly important factor.
Juvenile Criminal Proceedings
Proceedings in juvenile court have their own unique characteristics that must be understood from the outset.
Juvenile Prosecutor’s Office
The Juvenile Prosecutor’s Office plays a central role in the investigation.
Unlike other criminal proceedings, the prosecutor directs the initial proceedings and decides which investigative steps to take to clarify the facts.
During this phase, educational, psychological, and social reports may be gathered, which will subsequently play a significant role in the resolution of the case.
Early involvement by the defense allows for intervention from the very beginning of the proceedings and ensures that the child’s rights are properly protected.
Reform Proposal
When there is sufficient evidence, a review proceeding is initiated, which will subsequently be brought before the competent court.
Proper preparation for this phase is essential for defining the legal strategy, evaluating procedural alternatives, and devising actions aimed at achieving the most favorable outcome possible.
Experience shows that many important decisions are made precisely during the initial stages of the proceedings.
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The IN DIEM Law Firm has offices in Madrid, Seville, Málaga, and Las Palmas de Gran Canaria… as well as in other cities and towns. IN DIEM provides legal services throughout Spain and internationally, and offers online services. Every case is very important to us, and we handle each one with care and diligence.
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Measures Applicable to Juvenile Offenders
One of the main differences from the adult criminal justice system lies in the nature of the measures that can be imposed on juvenile offenders.
The regulations provide for a wide range of responses tailored to the specific circumstances of each case.
Probation
Probation is one of the most common measures.
It consists of providing educational support for the minor through intervention programs designed to promote the minor’s integration and prevent future delinquent behavior.
Its content may include specific requirements related to studies, training activities, or behavioral guidelines.
Hospitalization
In the most serious cases, detention measures may be ordered.
These decisions are reserved for specific situations and must strictly adhere to the principles of proportionality and necessity.
Placement may take various forms depending on the severity of the offense and the minor’s personal circumstances.
Effective legal representation is essential for assessing the proportionality of the proposed measures and proposing alternatives whenever possible.
Children’s Rights and the Role of the Family
Minors involved in criminal proceedings are entitled to a set of specific safeguards designed to protect their personal development and their fundamental rights.
Among other things, they have the right to:
- Specialized legal assistance.
- Age-appropriate information.
- Involvement of legal representatives.
- Protection of Your Privacy.
- Effective participation in the proceedings.
The presence of parents or legal guardians is particularly important throughout the entire process.
Family cooperation is often viewed favorably by the courts and by the professional teams responsible for assessing the child’s situation.
In addition, many judicial measures require the active participation of the family to achieve their educational and reintegration goals.
For this reason, legal advice should be directed both to the minor and to those who act as representatives and provide support.
The Importance of Specialized Legal Representation
Criminal proceedings involving minors require specific knowledge that goes beyond general criminal law.
The involvement of technical teams, educators, psychologists, and social workers introduces elements that require a multidisciplinary approach to the conflict.
Furthermore, the decisions made during the initial proceedings can significantly influence the final outcome of the case.
The defense must evaluate aspects such as:
- The availability of educational alternatives.
- The proportionality of the measures.
- The child’s personal circumstances.
- The technical reports issued.
- The Evolution of the Procedure.
Our experience shows that early, specialized intervention effectively protects the rights of children and significantly improves the chances of finding solutions that meet their needs.
How IN DIEM Can Help You
At IN DIEM, we offer specialized legal assistance in juvenile criminal law, from the initial stages of the investigation through the conclusion of the case.
We represent our clients before the Juvenile Prosecutor’s Office, juvenile courts, and other agencies involved in the proceedings, ensuring a thorough defense tailored to the specific circumstances of each case.
We provide counseling to both minors under investigation and their families, explaining each stage of the process and developing strategies aimed at minimizing the legal and personal impact of the situation.
We coordinate our efforts, when necessary, with other areas of criminal defense attorneys, enabling us to provide a comprehensive response to particularly complex cases.
When a minor faces criminal proceedings, prompt action and specialized legal representation can be crucial to protecting the minor’s future, safeguarding the minor’s rights, and promoting a resolution consistent with the educational principles that underpin the juvenile justice system.
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Frequently Asked Questions International Legal
Answers to frequently asked questions about international legal services, cross-border operations, corporate law, and global legal advisory.
At what age can a minor be held criminally liable?
Spanish law establishes criminal liability for minors who are at least 14 years old but under 18 years of age.
What is juvenile court?
It is the specialized system responsible for adjudicating crimes committed by minors in accordance with specific regulations.
Can a minor be placed in a detention center?
Yes, although this measure is reserved for specific cases and is subject to judicial review.
What is the role of the Juvenile Prosecutor’s Office?
It directs the investigation and promotes the measures it deems appropriate in the best interests of the child and society.
Is it mandatory to have a lawyer?
Yes. Legal representation is an essential safeguard throughout the entire proceedings.
Do criminal records for minors work the same way as those for adults?
No. The regulations provide for a specific framework for criminal records resulting from juvenile proceedings.
What is probation?
It is an educational and monitoring measure that can be imposed as an alternative to more restrictive measures.
Can parents be present during the procedure?
Yes. Legal representatives play an important role in the process.
What happens if the minor admits to the facts?
Each case requires an individualized assessment to determine the most appropriate legal consequences.
When should you contact a lawyer?
From the very moment a summons, investigation, or police intervention involving the minor occurs.
Legal Directors
, the In Diem Team.
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Schedule an initial consultation. In 60 minutes, we’ll provide you with an honest assessment, the available options, and the next steps.
Is your minor child facing criminal charges?
Early intervention is essential to protect the rights of the child and determine the most appropriate measures. We support families throughout the entire process with a strategy tailored to each situation.
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