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About Juvenile Law in Bilbao, Spain

Juvenile law covers legal rules and procedures that apply to people under 18 years old. In Spain, juvenile matters broadly include two areas - protection measures for minors at risk and the juvenile criminal responsibility regime for young people who commit offences. Bilbao, as part of the Basque Country, applies national legislation together with regional and local child care and social services. Key principles of juvenile law are protection, rehabilitation and the best interests of the child. Proceedings involving minors are generally confidential and aim to favour educational and social reintegration rather than purely punitive measures.

Why You May Need a Lawyer

A lawyer who specialises in juvenile law can protect a minor's rights, advise families about options and represent clients before courts and social services. Common situations where legal assistance is advisable include:

- When a minor is accused of a crime and faces proceedings before a Juvenile Court or the Fiscalía de Menores.

- When social services propose protective measures such as temporary removal, foster placement or supervised custody.

- In custody, parental responsibility and visitation disputes where the childâs best interest is contested.

- If you are seeking or defending emancipation, adoption or guardianship involving a minor.

- When appealing decisions by juvenile courts, administrative child-protection resolutions or decisions by social services.

- To apply for or advise about legal aid - asistencia jurídica gratuita - or to secure specialised defence in urgent hearings.

Local Laws Overview

Several legal sources and local institutions are relevant in Bilbao:

- National legislation: The main statute governing criminal responsibility of minors is Organic Law 5/2000 on the criminal responsibility of minors (Ley Orgánica 5/2000). This law sets age limits, types of measures, procedural safeguards and goals of juvenile justice. Civil rules on parental authority, custody and emancipation come from the Civil Code and related statutes.

- Age of responsibility: In Spain minors aged 14-17 inclusive may be subject to juvenile criminal procedures. Children under 14 are not criminally responsible but can be subject to protective or administrative measures.

- Juvenile courts and prosecutors: Cases are processed by specialised Juvenile Courts (Juzgados de Menores) and the Fiscalía de Menores. These bodies prioritise confidentiality and measures oriented to education and social reintegration.

- Basque and local administration: The Basque Government and the Diputación Foral de Bizkaia have competencies in social services and child protection. Local municipal social services in Bilbao are responsible for immediate protective actions and coordination with regional services.

- Measures and penalties: Instead of adult prison sentences, Spanish juvenile law provides a range of measures - educational programs, community work, supervision, placement in open or closed centres - tailored to the minor's needs and offence seriousness.

- Rights and guarantees: Minors have rights to legal representation, to be informed of charges in an understandable way, to assistance from a lawyer and guardian, to privacy, and to be heard in proceedings adapted to their age.

Frequently Asked Questions

What happens when a minor is accused of committing an offence?

If a minor aged 14-17 is suspected of an offence, the case is usually handled by the Juvenile Prosecutor and, if necessary, taken to a Juvenile Court. Proceedings aim to establish responsibility and determine appropriate measures focused on rehabilitation. The minor must be informed of rights, has the right to a lawyer and a guardian, and hearings are confidential.

Can a child under 14 be held criminally responsible?

No. Under Spanish law, children under 14 are not criminally responsible. If concerns arise about behaviour or safety, social services and family courts may apply protective or corrective measures, but not criminal sanctions.

What types of measures can a Juvenile Court impose?

Measures are graded according to the offence and the minorâs needs. Common measures include probation and supervision, community service, educational or therapeutic programs, curfews, placement in open or semi-open centres, and in serious cases placement in a secure centre. The emphasis is on education and reintegration rather than punishment.

Do minors have the right to a lawyer and legal aid?

Yes. Minors have the right to legal defence. Families may qualify for free legal assistance - asistencia jurídica gratuita - based on income and other criteria. Even if not eligible for free aid, it is strongly recommended to seek a lawyer experienced in juvenile law.

What should I do if social services want to remove my child from home?

If social services propose removal, you should immediately seek legal advice. You may be called to an emergency hearing or an administrative review. A lawyer can explain the grounds for removal, challenge procedural errors, propose alternative measures and represent you in court or before administrative bodies.

How are custody and visitation disputes handled when a minor is at risk?

When there are safety concerns, family courts and juvenile/protection services prioritise the child's best interests. Courts can modify custody and visitation, order supervised visits, mandate assessments by psychologists or social workers, and impose protective plans. Legal representation is important to present evidence and proposals that protect the child while preserving parental rights when appropriate.

Are juvenile hearings public?

No. Juvenile proceedings are typically confidential to protect the minor's privacy. Records are limited and access is restricted. This confidentiality aims to facilitate rehabilitation and prevent long-term stigma.

Can a juvenile record affect adult life?

Juvenile records are protected and not treated the same as adult criminal records. Many juvenile measures are intended to be rehabilitative and, subject to legal rules on expunction and confidentiality, they do not carry the same public consequences as adult convictions. However, serious matters may have implications, so legal advice about record sealing and rehabilitation processes is important.

What role does the Diputación Foral de Bizkaia and the Basque Government play?

Regional and provincial authorities in the Basque Country manage social services, child protection programmes and many operational aspects of juvenile care. They operate services such as foster care, family support, therapeutic programmes and residential centres. Coordination between municipal social services, provincial services and the Juvenile Courts is common in Bilbao.

How long do juvenile proceedings usually take?

Duration varies widely by case complexity, need for psychological or social reports, and court workload. Many proceedings aim to be faster than adult criminal processes, especially when protective measures are needed. A lawyer can provide a realistic timeline and, when urgent action is necessary, request provisional measures to protect the minor while the process continues.

Additional Resources

When seeking help in Bilbao, consider the following local and national resources - contact them through official channels or ask your lawyer to do so:

- Juvenile Courts and the Fiscalía de Menores - for information about proceedings and rights in criminal cases involving minors.

- Municipal social services of Bilbao - for immediate protection, family support and coordination of local interventions.

- Diputación Foral de Bizkaia - services for child protection, foster care and residential placements.

- Department of Social Policies of the Basque Government - regional programmes for children and adolescents.

- Colegio de Abogados de Bizkaia - to find specialised lawyers in juvenile law and information about legal aid procedures.

- Ararteko - the Basque Ombudsman, for complaints about public administrations affecting minorsâ rights.

- National childrenâs protection bodies in Spain and relevant NGOs that provide counselling, mediation and support for families and minors in difficulty.

Next Steps

If you or a minor you care for need legal assistance in juvenile matters in Bilbao, follow these practical steps:

- Stay calm and gather documentation - identity documents, school records, any official letters, police reports, medical or psychological reports and correspondence from social services or courts.

- Seek immediate legal advice - contact a lawyer specialised in juvenile law or the local Bar Association for referrals. If you cannot afford a lawyer, ask about asistencia jurídica gratuita and the application process.

- If there is imminent danger to the child, contact emergency services, local police or municipal social services right away so that safety measures can be implemented.

- Attend all hearings and meetings with social services, and keep written notes of conversations - dates, names and decisions taken.

- Cooperate with assessments but also ensure your legal representative is present when possible to advise on rights and procedure.

- Consider mediation or family-support programmes when appropriate - many juvenile matters resolve better with early support and family-based solutions.

- Keep communications confidential and avoid discussing case details on social media, as juvenile matters are sensitive and privacy is legally protected.

Finding the right lawyer and acting quickly to protect the minorâs rights are the most important initial steps. A specialised juvenile law lawyer in Bilbao can explain options, represent the minor in court or before social services and help design a plan aimed at the best long-term outcome for the child and the family.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.