A GOOD LAWYER

It is essential to report any suspected case of gender-based violence to local child protection authorities or the police. In Spain, you can call the emergency number 112 or contact the 016 helpline for victims of gender-based violence.

A minor may only be detained for the time strictly necessary to carry out the relevant investigations. In any case, within a maximum period of 24 hours, the minor must be released or placed at the disposal of the Public Prosecutor’s Office.

The Public Prosecutor must decide within a maximum of 48 hours from the time of detention whether the minor will be released or whether precautionary measures will be requested before the Juvenile Court.

Yes. Any minor accused of committing a criminal offense must be assisted by a lawyer from the very moment of detention, if detention occurs.

The minor also has the right to meet with their lawyer before giving a statement to the police, a right that adults do not have under the same conditions.

If the minor does not have the financial means to hire a lawyer, one will be appointed by the court.

Minors are not subject to criminal penalties but to protective and educational measures. These are determined based on the minor’s age, personal, family, and social circumstances, as well as their personality, always prioritizing what is most appropriate for their education and development.

The measures that may be imposed include:

Placement in a Closed Regime
The minor resides in a juvenile facility and carries out educational, training, work-related, and recreational activities within the center.

Placement in a Semi-Open Regime
The minor resides in the facility but may carry out certain educational, training, work, or leisure activities outside the center, as established in their individualized intervention program.

Any activities outside the center are subject to the minor’s progress and compliance with the objectives set. The Juvenile Court may suspend these activities for a specific period and require that all activities take place within the center.

Placement in an Open Regime
The minor carries out all activities within ordinary community services, residing at the center as their usual place of residence and subject to its internal rules and program.

Therapeutic Placement (Closed, Semi-Open, or Open Regime)
In these centers, specialized educational care or specific treatment is provided for minors suffering from psychological disorders, substance addiction (including alcohol or drugs), or significant perceptual disturbances. This measure may be applied independently or alongside another measure. If the minor refuses treatment, the Judge may impose a different measure appropriate to their circumstances.

Outpatient Treatment
The minor must attend the designated center periodically and follow the treatment guidelines established by medical professionals for psychological disorders or substance addiction. This measure may be applied independently or in addition to another measure.

Attendance at a Day Center
The minor remains living at home but attends a community-based center to participate in support, educational, training, work-related, or recreational activities.

Weekend Detention
The minor remains at home or in a center for up to thirty-six hours between Friday afternoon/evening and Sunday evening, except for time allocated to socio-educational tasks ordered by the Judge.

Supervised Release
The minor’s activities and attendance at school, vocational training, or work are monitored, with the aim of helping them overcome the factors that led to the offense.

This measure may also require compliance with socio-educational guidelines established by a public authority or supervising professional, according to an intervention plan approved by the Juvenile Judge.

The minor must attend scheduled meetings with the assigned professional and comply with any conduct rules imposed by the Judge, which may include:

1. Attending school regularly, if of compulsory school age, and providing proof of attendance or justification for absences when required.

2. Participating in educational, cultural, vocational, employment-related, sexual education, road safety, or similar programs.

3. Prohibition from visiting certain places, establishments, or events.

4. Prohibition from leaving their place of residence without prior judicial authorization.

5. Obligation to reside in a specific place.

6. Obligation to appear personally before the Juvenile Court or designated professional to report and justify activities carried out.

7. Any other obligations the Judge, either ex officio or at the request of the Public Prosecutor, considers appropriate for the minor’s social reintegration, provided they respect the minor’s dignity.

If compliance with any of these obligations makes it impossible for the minor to continue living with their parents, guardians, or custodians, the Public Prosecutor must notify the child protection authority so that appropriate protective measures can be adopted in accordance with Organic Law 1/1996.

Prohibition from Approaching or Communicating with the Victim
The minor may be prohibited from approaching or contacting the victim, their family members, or other persons designated by the Judge, in any location, including their home, school, workplace, or any other place they frequent.

This also includes a ban on communication through any means — written, verbal, electronic, or telematic. If this measure prevents the minor from continuing to live with their parents or guardians, the Public Prosecutor must notify the child protection authority in accordance with Organic Law 1/1996.

Placement with Another Person, Family, or Educational Group
The minor must live, for the period established by the Judge, with another person, a different family, or an educational group specifically selected to guide them through their socialization process.

Community Service
The minor must carry out unpaid activities of social interest or in support of individuals in vulnerable situations, provided they consent to the measure.

Educational Tasks
The minor must carry out specific educational activities aimed at developing their social skills, without placement in a center or supervised release.

Reprimand
A formal warning issued by the Juvenile Judge to make the minor aware of the seriousness of their actions and the consequences, encouraging them not to reoffend.

Revocation of Driving Licenses or the Right to Obtain Them, and Revocation of Administrative Licenses for Hunting or Weapons
This measure may be imposed as an additional sanction if the offense was committed using a vehicle or a weapon.

Absolute Disqualification
This measure entails the definitive loss of public honors, positions, or offices, whether elected or appointed, as well as the inability to obtain such positions or be elected to public office during the duration of the measure.

The Juvenile Judge determines the measure to be imposed, and in certain cases, the Public Prosecutor may also do so.

In both cases, significant weight is given to the report prepared by the Technical Team, composed of professionals attached to the Prosecutor’s Office, who assess the most appropriate measure for the minor.

This report evaluates the minor’s psychological, educational, and family situation, as well as their social environment and any other relevant circumstances.

Yes. In certain circumstances, at the request of the Public Prosecutor and following a hearing, the Juvenile Judge may order one or more precautionary measures before a final judgment.

This requires reasonable indications that the minor has committed an offense and a risk of absconding, obstructing justice, or causing harm to the victim.

The precautionary measures may include:

– Placement in a juvenile center (for a period of up to six months, extendable for an additional three months)
– Supervised Release (which may remain in place until the final judgment)
– Prohibition from approaching or communicating with the victim, their family members, or other persons designated by the Judge (which may remain in place until the final judgment)