Juvenile Criminal Liability Law
Organic Law 5/2000: who it applies to, which measures the juvenile judge may impose, how long they may last and how civil liability is claimed, with a link to the official BOE text.
What Organic Law 5/2000 regulates
Organic Law 5/2000 of 12 January on the criminal liability of minors (LORPM) determines how a person aged 14 to 17 answers before the courts for an act defined as an offence in the Criminal Code or in special criminal laws. It entered into force on 13 January 2001 and has been amended several times, notably by Organic Laws 7/2000 and 8/2006 and, more recently, by Organic Laws 10/2022 and 4/2023.
Its logic differs from the adult criminal process: it does not impose penalties but measures with an educational and reintegration purpose, chosen by looking not only at the act committed but also at the minor’s age, family and social circumstances, personality and best interests (art. 7.3). The investigation is led by the juvenile prosecutor, the case is decided by the juvenile judge, and a technical team of psychologists, educators and social workers takes part throughout the proceedings.
This page summarises, against the consolidated BOE text, the scope of the law, the current catalogue of measures in article 7, the duration limits of articles 9 and 10, and the civil-liability rules of articles 61 to 64. At the end you will find the most frequent questions and the firm’s related content.
Who it applies to: age at the time of the acts
< 14
Protection, not liability
No criminal liability is imposed (art. 3). The prosecutor refers the case to the public child-protection authority, which applies the Civil Code and Organic Law 1/1996.
14 – 17
Scope of LO 5/2000
Liability is enforced under this law (art. 1). For the duration of measures, two brackets apply: ages 14-15 and 16-17 (art. 10).
18 +
Adult Criminal Code
The Criminal Code (LO 10/1995) applies. The original extension of the LORPM to young adults aged 18 to 21 was removed by Organic Law 8/2006.
The relevant age is the minor’s age at the time of committing the acts, not his or her age during the proceedings.
The measures of article 7: current catalogue
Article 7.1 lists the measures the juvenile judge may impose, ordered by the restriction of rights they entail. The current catalogue comprises letters a) to ñ):
Detention in a closed regime
The minor resides in the centre and carries out all educational, training, work and leisure activities inside it.
Detention in a semi-open regime
The minor resides in the centre but may carry out some activities of the individualised programme outside it, conditional on his or her progress.
Detention in an open regime
All activities of the educational project take place in ordinary community services, with the centre as the minor’s habitual residence.
Therapeutic detention (closed, semi-open or open)
Specialised educational care or specific treatment for mental disorders, alcohol or drug dependence, or perception disorders.
Outpatient treatment
Periodic attendance at the designated centre and compliance with the guidelines set for treating the mental disorder or the addiction.
Attendance at a day centre
The minor lives at home and attends a community-based centre to carry out support, educational, training, work or leisure activities.
Weekend confinement
Stay at home or in a centre for up to thirty-six hours between Friday evening and Sunday night.
Supervised release (probation)
Monitoring of the minor’s activity and school or work attendance, with socio-educational guidelines and, where applicable, rules of conduct approved by the judge.
Restraining order (no approach or contact with the victim)
Prevents approaching the victim, or relatives and other persons designated by the judge, and contacting them by any means, including electronic ones.
Placement with another person, family or educational group
The minor lives, for the period set by the judge, with a person, family or educational group selected to guide his or her socialisation.
Community service
Unpaid activities of social interest or for the benefit of people in vulnerable situations. It cannot be imposed without the minor’s consent.
Socio-educational tasks
Specific activities of educational content aimed at developing social competence, without detention or supervised release.
Judicial reprimand
A formal admonition by the juvenile judge so the minor understands the seriousness of the acts and their consequences, urging him or her not to reoffend.
Withdrawal of driving or other licences
Withdrawal of the moped or motor-vehicle licence —or of the right to obtain it— or of hunting or weapons licences; it may be imposed as an ancillary measure.
Absolute disqualification
Deprivation of all honours and public offices and of the capacity to obtain them or to be elected to public office for the duration of the measure.
Every detention measure consists of two periods: the first in the centre and the second under supervised release, in the form chosen by the judge; the judgment must state the duration of each (art. 7.2).
Since Organic Law 10/2022, when the measure is imposed for sexual offences under Chapters I and II of Title VIII of the Criminal Code, the judge must additionally impose, in every case, the ancillary obligation to attend sex-education and equality training programmes (art. 7.5).
How long measures may last (arts. 9 and 10)
General rules (art. 9)
- timerMeasures may not exceed two years, counting time already served under an interim measure. Community service may not exceed 100 hours and weekend confinement may not exceed 8 weekends (art. 9.3).
- lockDetention in a closed regime is only available in three cases (art. 9.2): a serious offence; a less serious offence committed with violence or intimidation or creating grave risk to life or physical integrity; or offences committed in a group or in the service of a gang, organisation or association devoted to such activities.
- blockNegligent acts can never be punished with closed-regime detention (art. 9.4).
- low_priorityFor acts classified as “faltas” in the statutory text (a category replaced in the Criminal Code by minor offences in 2015), only light measures are available: supervised release up to 6 months, reprimand, up to 4 weekends of confinement, community service up to 50 hours, licence withdrawal up to 1 year, no-approach or no-contact orders up to 6 months and socio-educational tasks up to 6 months (art. 9.1).
Special rules by age bracket (art. 10)
In the serious cases of art. 9.2, the limits rise according to the minor’s age at the time of the acts:
| Age at the time of the acts | General maximum duration | Other caps |
|---|---|---|
| 14 – 15 | Up to 3 years (art. 10.1.a) | Community service: 150 hours; weekend confinement: 12 weekends |
| 16 – 17 | Up to 6 years (art. 10.1.b) | Community service: 200 hours; weekend confinement: 16 weekends |
If a minor aged 16 or 17 commits an act of extreme seriousness —the law always treats reoffending as such—, the judge must impose closed-regime detention of 1 to 6 years, followed by supervised release with educational assistance of up to 5 years (art. 10.1.b).
For the most serious offences of art. 10.2 —homicide and murder (arts. 138 and 139 CP), certain aggravated sexual assaults (arts. 178(2)-(3), 179, 180 and 181(2), (4), (5) and (6) CP) and any offence punishable with fifteen or more years of imprisonment—, closed-regime detention is mandatory: 1 to 5 years if the minor was 14 or 15 (followed by up to 3 years of supervised release) and 1 to 8 years at ages 16 or 17 (followed by up to 5 years of supervised release).
Juvenile prosecutor and technical team
The prosecutor leads the investigation (art. 6)
Unlike adult proceedings, in juvenile cases the investigation is personally led by the Public Prosecutor: it opens the file, instructs the judicial police to carry out the necessary steps and moves the proceedings forward. At the same time, the law entrusts the prosecutor with defending the minor’s rights and safeguarding procedural guarantees. Adjudication and the choice of measure fall to the juvenile judge in a reasoned judgment (art. 7.3).
The technical team’s report (art. 27)
During the investigation, the prosecutor requests from the technical team —psychologists, educators and social workers— a report on the minor’s psychological, educational and family situation and social environment, to be delivered within ten days, extendable up to one month in highly complex cases. The team may also propose a socio-educational intervention, a reparation or conciliation activity with the victim (art. 19) or even that the proceedings be discontinued in the minor’s interest (art. 27.4). This report weighs decisively on the measure imposed.
The civil-liability track (arts. 61 to 64)
- call_splitCivil liability arising from the act is dealt with in a separate track, which the juvenile judge opens as soon as the file is registered and which runs in parallel with the main proceedings (art. 64).
- diversity_3Alongside the minor, his or her parents, guardians, foster carers and de facto carers are jointly and severally liable, in that order. If they did not favour the conduct through intent or gross negligence, the judge may moderate their liability (art. 61.3).
- assignment_indThe civil claim is brought by the Public Prosecutor, unless the injured party waives it, brings it personally within one month of being notified of the opening of the track, or reserves it for the civil courts (art. 61.1). Interested insurance companies may also appear (art. 64).
Juvenile measures versus adult penalties
| Aspect | Juvenile measures (LO 5/2000) | Adult penalties (Criminal Code) |
|---|---|---|
| Rationale and orientation | The best interests of the minor: measures have an educational and reintegration orientation. | A response proportionate to the seriousness of the act and to culpability, with reintegration as the goal of enforcement. |
| Selection criteria | Not only the proven facts: also the age, family and social circumstances, personality and interests of the minor (art. 7.3 LO 5/2000). | The sentencing range set for each offence in the Criminal Code and the aggravating or mitigating circumstances. |
| Who leads the investigation | The Public Prosecutor (juvenile prosecutor) personally directs the investigation (art. 6), assisted by the technical team’s report (art. 27). | The investigating court, under the Criminal Procedure Act (LECrim). |
| Adjudicating court | The juvenile judge, who imposes the measures of art. 7 in a reasoned judgment. | The criminal courts or the provincial courts, depending on the penalty attached to the offence. |
| Deprivation of liberty | Detention in specific juvenile centres, in two periods: the centre first and supervised release afterwards (art. 7.2). | Imprisonment in a penitentiary. |
| Flexibility during enforcement | The measure may be varied, suspended or replaced in the minor’s interest during enforcement (arts. 13, 40 and 51 LO 5/2000). | The sentence imposed is generally more rigid: suspension and substitution mechanisms are strictly regulated in the Criminal Code. |
| Criminal records | Juvenile judgments are entered in a specific register, separate from the adult criminal-records register. | Convictions are entered in the Central Register of Convicted Persons and generate a criminal record. |
Conceptual comparison of the two systems. The specific duration limits for measures are those of articles 9 and 10 of LO 5/2000, summarised above.
Frequently asked questions
Who does the Juvenile Criminal Liability Law apply to?
To persons aged 14 to 17 at the time of committing acts defined as offences (art. 1 LO 5/2000). The extension to young adults aged 18 to 21 in the original wording was removed by Organic Law 8/2006.
What happens if the person is under 14?
No criminal liability is imposed (art. 3 LO 5/2000). The prosecutor refers the case to the public child-protection authority, which assesses the child’s situation and promotes, where appropriate, the protection measures of the Civil Code and Organic Law 1/1996.
Can a minor be sent to prison?
No. Deprivation of liberty is served as detention in specific juvenile centres, under a closed, semi-open, open or therapeutic regime. Every detention measure also consists of two periods: the second is served under supervised release (art. 7.2 LO 5/2000).
What is the maximum duration of a measure?
The general rule is two years (art. 9.3). In the serious cases of art. 9.2, the limit rises to three years if the minor was 14 or 15 and to six years at 16 or 17 (art. 10.1). For the most serious offences of art. 10.2, closed detention may reach five years (ages 14-15) or eight years (ages 16-17), supplemented by supervised release.
Who pays the compensation owed to the victim?
Alongside the minor, his or her parents, guardians, foster carers and de facto carers are jointly and severally liable, in that order. If they did not favour the conduct through intent or gross negligence, the judge may moderate their liability (art. 61.3 LO 5/2000).
Can the case end without a hearing?
Yes. The law provides for dismissal following conciliation or reparation between the minor and the victim (art. 19), and the technical team may propose in its report that the proceedings be discontinued in the minor’s interest (art. 27.4).
Related content
Informational content for general guidance only, prepared from the consolidated text of Organic Law 5/2000 published by the Spanish Official State Gazette agency (BOE-A-2000-641). Applying the law to a specific case requires a lawyer’s analysis.
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