My Child Is Under Criminal Investigation: A Guide for Parents

Few phone calls shake a family like the one announcing that an underage child is being investigated for a criminal offence: a summons from the Juvenile Prosecutor's Office (Fiscalía de Menores), an arrest at a police station or news of a complaint. The first idea to hold on to is that minors in Spain are not tried as adults: Organic Law 5/2000 on the criminal responsibility of minors (LORPM) establishes a separate, education-oriented system, with specialised bodies, measures that are not penalties and a central role for the family. In this guide we explain what will happen and what parents can do.

Who the LORPM Applies To: Ages 14 to 17

The LORPM applies to those who were between 14 and 17 years old at the time of the facts. Two practical consequences:

• Children under 14: they bear no criminal responsibility. No juvenile case is opened and, where the situation requires it, the matter is referred to the public child-protection authorities, which assess what support the child and the family need.
• The relevant age is the age on the day of the facts: if your child turns 18 while the case is pending, it remains a juvenile case. Conversely, facts committed at 18 go to the ordinary adult courts, however young the suspect is.

The system is not "criminal law in miniature": its purpose is educational as well as sanctioning, and every decision must serve the best interests of the minor, which opens defence avenues that do not exist in adult proceedings.

If Your Child Is Arrested: Rights and Time Limits

The arrest of a minor carries reinforced safeguards. It must be carried out in the way least harmful to the child, in suitable facilities and separately from adult detainees, and the parents or legal representatives must be informed immediately. Detention may not last longer than strictly necessary and, in any event, within a maximum of 24 hours the minor must be released or handed over to the Juvenile Prosecutor's Office; counting from the arrest, the prosecutor has a maximum of 48 hours to decide whether to release the minor, drop the matter or open formal proceedings.

At the police station, your child has the right to remain silent and to a lawyer, and any statement must be given in the presence of the lawyer and the parents (barring a conflict of interest). Our advice is clear: no statement without a lawyer, however minor the facts may seem or however much it is presented as "a formality". You can read more in our guide to detainee rights at the police station.

Who Investigates: the Juvenile Prosecutor and the Case File

Unlike adult proceedings, in juvenile justice the investigation is directed by the Public Prosecutor: the Juvenile Prosecutor's Office opens and conducts the case file (expediente), gathers the evidence and decides whether to bring charges. The juvenile court — the traditional Juzgado de Menores, today the Juveniles Section of the Court of Instance — oversees any measures affecting fundamental rights, rules on precautionary measures, holds the hearing and hands down the judgment.

From the moment the case is opened, the minor has the right to be informed of the facts attributed to them, to appoint a lawyer of their own choosing and to take part in the proceedings. This stage is decisive: it is here that the case can be steered towards an out-of-court solution, exculpatory evidence can be proposed and the appearance before the technical team can be prepared. The proceedings also protect the minor's privacy: the media may not obtain or publish images or details that would identify the child.

The Technical Team: the Report That Carries the Most Weight

A distinctive feature of the juvenile system is the technical team (equipo técnico), made up of professionals from psychology, education and social work. Their task is to produce a report on the minor's psychological, educational, family and social situation, which the prosecutor and the judge must take into account when deciding on the measure; the team can also propose an intervention without trial or recommend that the case not continue, in the minor's interest.

This is one of the stages where parents can contribute most: attending the interview, giving truthful information about schooling, environment and the minor's support network, and evidencing the family's resources (therapy, structured activities, supervision). A favourable report opens the door to less restrictive measures or out-of-court solutions; facing it unprepared is a frequent mistake.

The Measures under Organic Law 5/2000: Educational, Not Penalties

If the case reaches the hearing and ends in a judgment, the judge does not impose penalties but measures with educational content, chosen according to the facts, the minor's age and their family and social circumstances. The main ones are:

• Judicial reprimand (amonestación): a formal admonition aimed at making the minor understand the seriousness of the facts.
• Supervised release (libertad vigilada): monitoring of the minor by a professional, with obligations such as school attendance or participation in training programmes.
• Socio-educational tasks: specific educational activities without custody or permanent supervision.
• Community service: unpaid activities of social value, which require the minor's consent.
• Weekend stay at home or in a centre.
• Placement with another person, family or educational group for a set period.
• Restraining and no-contact orders regarding the victim or other persons.
• Custody (internamiento) in a juvenile centre under closed, semi-open or open regime, or therapeutic custody, reserved for the most serious cases; the closed regime is limited by law to facts of particular gravity, notably those committed with violence, intimidation or serious risk to persons.

The duration of each measure is subject to statutory caps that depend on the age bracket (14-15 or 16-17) and the seriousness of the facts; because of that variability, a lawyer should assess the specific case. The system is also flexible: during enforcement, the measure can be modified, shortened or replaced by a less restrictive one where the minor's interest and progress so advise.

Conciliation and Reparation: How It Can End without a Trial

The LORPM expressly favours out-of-court solutions. The prosecutor may discontinue the case, particularly for less serious facts committed without violence or intimidation, where the minor reconciles with the victim (apologises and the apology is accepted), undertakes to repair the damage caused or to complete socio-educational tasks proposed by the technical team. Once those commitments are fulfilled, the case is closed without a hearing.

For many families this is the best outcome: the minor takes responsibility in an educational way, the victim is compensated and a judgment is avoided. But it does not happen automatically: it must be promoted, prepared with the technical team and the fulfilment must be documented. At later stages, the minor's properly advised consent to the requested measure (conformidad) can simplify the hearing.

Civil Liability: Parents Answer Jointly and Severally

Alongside the minor's responsibility, the proceedings also resolve the civil liability for the damage caused (injuries, property damage, moral damages). Here Organic Law 5/2000 contains the rule with the greatest impact on the family finances: parents, guardians, foster carers and legal or de facto custodians are jointly and severally liable with the minor for the damage. This means the victim can claim the full compensation directly from the parents.

The law itself, however, allows the judge to moderate that liability where the parents did not further the minor's conduct through intent or gross negligence. Evidencing that diligence — effective supervision, reaction to previous incidents, cooperation with the school — is a specific line of defence that should be built from the start.

Records and Expungement: What Will Stay on File

Juvenile judgments are entered in a dedicated register of juvenile criminal liability, which is not public and is separate from the adult Central Register of Convicted Persons. In practice, this means the measures do not appear on the ordinary criminal-record certificate required, for example, for a job, and that, as a general rule, they do not count as recidivism if the person is later tried as an adult. Once the measure has been served and the regulatory periods have elapsed, the data are expunged.

It is still advisable to verify the effective expungement when the time comes. On how criminal records work in general, see our guide to criminal records: how to check and clear them.

What Parents Can Do, Starting Today

Experience leaves some clear guidelines for families:

1. A specialised lawyer from the first moment: the decisions of the first 48 hours shape the entire case.
2. No statement without legal assistance, neither at the police station nor before the prosecutor.
3. Prepare the appearance before the technical team: school records, medical or psychological reports and family support resources.
4. Consider conciliation and reparation where viable: they can close the case without a trial.
5. Do not withhold information from your lawyer: the strategy requires knowing the full facts, including the uncomfortable ones.

Our firm handles the defence of minors under Organic Law 5/2000 at every stage — arrest, the prosecutor's case file, the hearing and the enforcement of the measure — as well as the civil liability affecting the parents, within our criminal defence practice. We work to steer each case towards the least burdensome and most educational outcome for the minor.