In the first place, it is clear that in Spain criminal responsibility exists only for people over 14 years of age, so that any minor of that age can never be criminally liable for their actions.

Those under 18 and over 14 on who there are indications of participation in any offense established in the Criminal Code will be governed by Organic Law 5/2000 of January 12 regulating the criminal responsibility of minors.

The age limits shall be understood as referring to the date of commission of the fact investigated, not at the time of detention.

When the detention of a minor occurs, it will be made available to the Minors Sections of the Prosecutor’s Office and the fact and place of custody will be communicated to those who exercise parental rights, guardianship or de facto custody thereof, as soon as the minority is recorded.

In the event of a conflict of interest with those exercising parental rights, guardianship or de facto custody of the minor, a judicial defender will be appointed who will be informed of the fact and the place of detention.

If the detainee has a judicially modified capacity, the rights information provided for in article 520, 2nd LECrim will be communicated to those who exercise the guardianship or guardianship thereof, reporting to the Fiscal Ministry.

If the minor detainee or with judicially modified capacity were a foreigner, the fact of the detention shall be notified ex officio to the Consul of his country.

The detained minor has all the rights set forth in article 520 LECrim, with the peculiarity that the taking of a declaration must be carried out in the presence in addition to his or her lawyer of his parents or persons exercising parental rights, guardianship or custody of the minor.

If the minor is detained, they must be guarded in adequate and separate units from those used for adults and will receive the care, protection and social, psychological, medical and physical assistance they require.

The maximum period will be 24 hours, and must last the minimum essential time.

After the arrest, the minor may be released or made available to the Prosecutor, and must be resolved within 48 hours after the arrest or release, or withdrawal of the opening of the file by correction in the educational and family environment, or initiation of the file, making the minor available to the competent Juvenile Judge and urging the adoption of precautionary measures.

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