Juvenile criminal liability checker

Enter the age at the time of the act and the seriousness of the offence to see, with the governing article, which Organic Law 5/2000 measures apply and their maximum duration. For guidance only.

Check the applicable measures

Age at the time of the act

Organic Law 5/2000 applies from ages 14 to 17 (art. 1.1); below 14 there is no criminal liability (art. 3).

Seriousness of the act

Select the age first…

Select the age first. For minor offences only low-intensity measures apply (art. 9.1).

Select the age at the time of the act and the seriousness of the offence to see which Organic Law 5/2000 measures apply and their maximum duration. The calculation runs entirely in your browser: no data is sent or stored.

Juvenile criminal liability under Organic Law 5/2000

Spain’s Organic Law 5/2000 on the criminal liability of minors (BOE-A-2000-641) applies to persons aged 14 to 17 who commit acts classified as offences (art. 1.1). A person under 14 bears no criminal liability: their situation is referred to the child-protection rules of the Civil Code and Organic Law 1/1996, through the public child-protection authority (art. 3). The original provision extending the law to young adults aged 18 to 21 was removed by Organic Law 8/2006.

The law sets two age bands that modulate the duration of the measures: 14-15 and 16-17. For minor offences (delitos leves) only low-intensity measures apply (for example, supervised release up to six months, a reprimand, weekend confinement up to four weekends, or community service up to fifty hours), and detention is excluded (art. 9.1). The general rule caps duration at two years, with one hundred hours of community service and eight weekends as limits (art. 9.3).

Closed-regime detention is available only where the act is a serious offence, or a less serious offence committed with violence, intimidation or serious risk to life or physical integrity, or where the minor acted in a group or served a gang or organisation (art. 9.2). In those cases art. 10.1 raises the duration: up to three years for ages 14-15 (with 150 hours of community service and 12 weekends as maximums) and up to six years for ages 16-17 (200 hours and 16 weekends). For the offences of extreme seriousness in art. 10.2 — homicide, murder or aggravated sexual assault under arts. 138, 139, 179 and 180 CP, among others — closed detention ranges from one to five years (14-15) or one to eight years (16-17), supplemented by supervised release of up to three or five years respectively.

Every detention measure is served in two periods: first in the centre and then under supervised release (art. 7.2). The juvenile judge selects the measure best suited to the minor’s interest from those in art. 7, taking account of age and personal, family and social circumstances (art. 7.3); the figures above are maximum limits, not automatic sentences. This tool is for guidance and does not replace advice from a lawyer.

Frequently asked questions

At what age does criminal liability begin in Spain?

Organic Law 5/2000 applies to persons aged fourteen to seventeen for acts classified as offences (art. 1.1). Below the age of fourteen there is no criminal liability: art. 3 refers the case to the child-protection rules of the Civil Code and Organic Law 1/1996, managed by the public child-protection authority rather than the juvenile judge.

What happens to a child under 14 who commits an offence?

No liability is exacted under Organic Law 5/2000 (art. 3). The situation is referred to the child-protection system: the competent public authority may adopt protective measures or, where appropriate, activate social services and the Civil Code framework. The juvenile criminal process does not intervene and none of the law’s measures may be imposed.

How long can a measure last for a minor aged 14 or 15?

As a general rule, measures may not exceed two years; community service may not exceed one hundred hours, and weekend confinement eight weekends (art. 9.3). Where the situations in art. 9.2 apply (serious offence, less serious offence with violence or intimidation, or acting in a group or gang), the duration may reach three years, with 150 hours of community service and 12 weekends as maximums (art. 10.1.a).

What is the maximum detention for a minor aged 16 or 17?

In the situations under art. 9.2, the measure may reach six years, with 200 hours of community service and 16 weekends as limits (art. 10.1.b). For the offences of extreme seriousness in art. 10.2 (homicide, murder or aggravated sexual assault under arts. 138, 139, 179 and 180 CP, among others), closed-regime detention ranges from one to eight years, supplemented by supervised release with educational assistance of up to five years.

When is closed-regime detention available?

Only where the act is a serious offence; or a less serious offence committed with violence or intimidation against persons, or generating serious risk to their life or physical integrity; or where the acts are committed in a group or the minor belongs to or serves a gang, organisation or association (art. 9.2). For minor offences, detention is never available.

Is detention served in one single period?

No. Every detention measure has two periods: the first is served in the centre and the second under supervised release (art. 7.2). In addition, the juvenile judge selects the measure best suited to the minor’s interest from those in art. 7, so the figures in the law are maximum limits, not automatic sentences (art. 7.3).

Important notice

Automated guidance tool based on Organic Law 5/2000. It captures and transmits no data: the calculation runs entirely in your browser. Results are statutory maximum limits, not a prediction of the specific measure, which the juvenile judge sets according to the minor’s interest and circumstances (art. 7.3). This is not legal advice; consult a lawyer about your case.

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Related resources

Organic Law 5/2000: the juvenile criminal liability act

Criminal defence of minors

All criminal-law tools

Articles 138, 139, 179 and 180 of the Criminal Code

Article 139 CP (murder)Article 179 CP Article 180 CP