Criminal liability of the minor

  Criminal law, crimes

The criminal liability of a minor to be executed in the commission of a crime. Any offense classified in the Penal Code Spanish committed by a minor is subject to legal liability with specific characteristics.

This criminal responsibility of the minorIt will depend on the age of the young person. Here we will leave you all the necessary information. 

Where is the criminal responsibility of minors stipulated?

The age of the minor determines the corresponding legal and criminal liability system. This responsibility is governed by the Basic Law of Criminal Responsibility of the minor. 

Minors under eighteen years of age cannot be held criminally responsible under this law.

Are you looking for a lawyer specializing in Criminal law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

When a minor commits a crime, he or she may be held responsible under the Juvenile Criminal Responsibility Act.

Responsibilities of minors according to age

The minimum age of confinement in Spain is 18 years. This does not mean that there is not a criminal responsibility of the minor, or that they are not criminally responsible, but the sanctions may vary.

Those under 14 years of age, they have no criminal responsibility. Without embargo, parents and guardians must deal with a talented monetary penalty. 

When the perpetrator of the events mentioned in previous articles is under fourteen years old, it will not be mandatory in accordance with this law, but will be applied as child protection regulations protected in the Civil Code.

The budget prosecutor refers to the public entities of minor protection to testify to the people that you see exactly for the child.

To evaluate your situation and this entity, appropriate protection measures must be promoted in the case of what is provided in the Biological Law 1/1996, January 15.  

Article 3 of the organic law is about small responsibility.  Minors from 14 to 18 are subjects who can serve justice in a special procedure depending on the type and severity of the offenders.  

They can obtain financial penalties for derivatives in a closed internship center. Justice proceedings are carried out in juvenile courts and are considered to be concerned with 16 to 18 years old. 

This Law is applied in accordance with the responsibilities of those over fourteen and under eighteen by the Commission of Events characterized by criminals or disabilities of the Penal Code or Special Criminal Law. 

Criminal liability of people under 21 years of age and over 18

The young people between 18 and 21 years old They are often tried by law against adults. However, exceptions are made when the criminal liability process for minors is applied.

For a person over the age of eighteen to under the age of twenty-one who commits a crime, the provisions of the law establishing the criminal liability of a minor may apply in the cases and requirements specified by that agency.

This is found in the article 69 of the Penal Code.

To do this, the specific circumstances and maturity of the alleged offender are taken into account, provided that:

The crime committed is classified as minor or less serious and does not threaten the physical integrity or life of any person.

 He accused He had not previously been tried for the crime over 18 years of age. He trial court demonstrated what makes it difficult for him to support the juvenile court in the prosecution.

The most common types of crimes committed by minors

The most common crimes in which minors are involved:

Computer or technological crimes. 

Criminal acts are committed using technology (on platforms, social networks, etc.), sometimes intentionally and other times due to ignorance. 

Among the most famous are sexting, cyberbullying, sexual blackmail, grooming, fraud. In public privacy, honor and privacy are violated. 

Crimes against property. 

Minors should be held criminally responsible for infringing the property rights of others. This is a case of graffiti, with different penalties depending on whether the buildings are private or considered historic.

 Theft, theft or receipt of items of criminal origin 

It also constitutes an assault on property. A crime against humans. For example, whether verbally or physically, crimes can be committed that affect the person as a whole or their honor. 

Abuse, intimidation, mistreatment or intimidation are clear cases in which minors have criminal responsibility. 

Tractor safety offense

The Penal Code stipulates that driving a vehicle without the necessary documents, such as a driver's license, is a crime.