Juvenile Prosecution: Summons, Deposition and Attorney
Has your child been summoned to the Juvenile Prosecutor’s Office?
Receiving a summons from the Juvenile Prosecutor’s Office means that there is an action related to facts that may have criminal relevance. The family usually knows at that time that the adolescent is being investigated or that he must appear to carry out some action within the file.
The summons must be reviewed before attending. It is important to check which body issues it, the date, the purpose of the appearance and the procedural situation of the minor. If a statement is planned at the Juvenile Prosecutor’s Office, it is advisable to prepare the proceedings legally before the adolescent answers questions about the facts.
What does it mean to receive a summons from the Juvenile Prosecutor’s Office?
When a person was between 14 and 17 years old at the time of the facts, the investigation of his possible criminal responsibility is carried out in accordance with Organic Law 5/2000.
The Juvenile Prosecutor’s Office may summon the adolescent to report proceedings, receive statements or carry out proceedings related to a juvenile file that has already been initiated. Therefore, it is not appropriate to draw conclusions solely from the fact that the summons has been received.
Our juvenile criminal lawyers can review the summons, study the procedural situation and prepare the appearance before the minor intervenes before the Prosecutor’s Office.
What is the role of the Juvenile Prosecutor’s Office?
The Juvenile Prosecutor’s Office is leading the investigation into the events attributed to people between 14 and 17 years of age. Its function is to determine whether there is criminal responsibility, to guarantee the rights of the minor and the victim and to assess whether it is appropriate to continue the procedure or apply any of the solutions provided for by law.
During this phase, it can carry out procedures, gather information, request reports and coordinate the intervention of the Technical Team. Actions that affect fundamental rights must be authorized by the Juvenile Court.
Does the minor need a lawyer?
Yes. From the time the case is opened, the minor has the right to have a lawyer in the Juvenile Prosecutor’s Office and to have a confidential interview with him or her before making a statement.
Assistance is not just about accompanying you during the appearance. The lawyer must review the procedural situation, analyze the available evidence and prepare with the adolescent the decision to testify or exercise his or her right to remain silent.
How to prepare a statement to the Juvenile Prosecutor’s Office
Knowing the facts investigated
The first step is to identify what conduct is attributed to the minor, when it occurred, who is involved and what is the origin of the investigation.
Examining the procedural situation
It is also necessary to check whether there is a reform file, what steps have been taken and what information the defence can consult before the appearance.
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Analyze documents and evidence
Messages, recordings, photographs, medical reports, testimonies, school reports and other documents can modify the initial interpretation of the facts. Before going to the Prosecutor’s Office, it is advisable to keep the originals, order the information and avoid deleting conversations or contacting other people involved to try to modify their statements.
Statement Strategy
There is no single valid strategy for a statement to the Juvenile Prosecutor’s Office. In some files, it may be appropriate to state and clarify certain facts; in others it may be preferable to exercise the right not to testify until sufficient information is available. The decision must be made after the reserved interview with the lawyer.
What rights does the minor have during the file?
During proceedings before the Office of the Juvenile Prosecutor, the adolescent has the right to know the facts attributed to him, to have a lawyer, to meet him confidentially, to intervene in the investigative proceedings, to propose evidence and to exercise his right of defence.
They may also receive assistance from the Technical Team and, under the terms provided for by law, emotional and psychological support during the procedure.
What can the lawyer do during the investigation?
A juvenile lawyer may examine the proceedings, study the steps taken and request those that are necessary to clarify the facts or protect the position of the minor.
The experience of our criminal lawyers allows us to coordinate this procedural intervention with the particularities of the juvenile jurisdiction.
Proceedings and evidence in the juvenile file
During the investigation, statements, medical reports, digital conversations, videos, police reports, documents and expert reports may be incorporated. The Public Prosecutor’s Office directs this phase, although certain proceedings that restrict fundamental rights require judicial authorization.
The Technical Team
The Technical Team analyzes the psychological, educational and family situation of the adolescent, his social environment and other relevant circumstances. Its report may influence the evolution of the reform file and any measure that is considered appropriate.
Can the file be archived?
Yes. Not all cases initiated by the Juvenile Prosecutor’s Office end up in trial. The case may be closed when there are insufficient elements to continue, the minor’s participation is not proven or there is some legal cause that allows the procedure to be terminated.
Conciliation, Relief, and Other Forms of Termination
In certain cases, solutions such as conciliation with the victim, reparation of the damage or the performance of an educational activity may be considered. These possibilities depend on the nature and seriousness of the facts and should not be raised without first analysing their legal consequences.
What happens when the Prosecutor’s Office finishes the investigation?
Archive
If there are no grounds for continuance or there is a legal cause for termination, the case may be terminated without a hearing before the Juvenile Court.
Continuation of the procedure
If the Public Prosecutor’s Office considers that there are sufficient elements, it concludes the investigation and formulates its position on the facts, the participation of the minor and the measures it deems appropriate.
Juvenile Court
The file can be sent to the Juvenile Court together with the brief of allegations of the Prosecutor’s Office. The defence then presents its position and the Court decides on the continuation of the proceedings and, where appropriate, the holding of the hearing.
What happens if the minor was previously detained?
If the action before the Prosecutor’s Office is preceded by a police arrest, it is especially important to review what happened at the police station, what the adolescent declared, what steps were taken and what evidence was obtained.
In such cases, the strategy must be coordinated with the assistance to the detainee and with the subsequent actions of the Juvenile Prosecutor.
If you have received a summons from the Juvenile Prosecutor’s Office, we can study the file and prepare the appearance before the statement.
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Is it mandatory to attend a summons from the Prosecutor’s Office?
Yes. A summons from the Juvenile Prosecutor’s Office should not be ignored. It is important to check who summons the minor, for what action, in what condition he or she must appear and on what date. If there is a cause that prevents attendance, it is advisable to communicate it and justify it properly.
Does the minor need a lawyer?
Yes. From the time the case is opened, the minor has the right to have a lawyer in the Juvenile Prosecutor’s Office, appointed by the family or ex officio, and to meet with him confidentially before giving a statement.
Can parents enter?
The presence of the parents will depend on the type of action and the specific circumstances of the file. The legislation recognises that the minor has emotional and psychological assistance during the proceedings, always within the limits established for each appearance.
Does the minor have to testify?
Not necessarily. Receiving a summons does not mean that the minor is required to explain or acknowledge the facts. Before testifying, you must know your procedural situation and assess with your lawyer for the declaration of a minor what is the most appropriate strategy.
Can you avail yourself of your right not to testify?
Yes. A minor has the right not to testify against himself or herself and not to confess guilt. The decision to testify or remain silent must be taken after sufficient knowledge of the facts under investigation and the information available in the file.
How long does a juvenile file take?
There is no single duration for a juvenile file. The time limit depends on the complexity of the case, the number of people involved, the evidence required, the reports of the Task Force and the steps to be taken.
Can the Prosecutor’s Office archive it?
Yes. The Juvenile Prosecutor’s Office may terminate the proceedings or initiate their archiving when there are insufficient elements to continue or any of the cases provided for by law occur.
What is the Technical Team?
The Technical Team is a specialized body that analyzes the psychological, educational, family and social situation of the minor. Its report may be relevant to assess the evolution of the reform file and the possible measures applicable.
What is a reform file?
It is the name usually used to refer to the procedure for investigating the possible criminal responsibility of a minor. The reform file is being investigated by the Juvenile Prosecutor’s Office in accordance with Organic Law 5/2000.
What happens after the return?
After the statement to the Juvenile Prosecutor’s Office, the investigation may continue with new proceedings, reports or evidence. Subsequently, the case may be archived, resolved through one of the channels provided for by law or referred to the Juvenile Court to continue the proceedings.
Has your child received a summons from the Juvenile Prosecutor's Office?
If you have received a summons from the Juvenile Prosecutor’s Office, we can study the file and prepare the appearance before the statement.
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