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Spain: Penal sanctions against minors

01 September 1996

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One of the major reforms of the Penal Code which came into effect in May 1996 was to raise the minimum age for imprisonment from 16 to 18. However the Code also allowed for the possibility of specific laws in respect of crimes and misdemeanours by minors. The new Partido Popular (conservative) government has drafted a law on minors which proposes sanctions of a penal nature from the age of 12. The draft has already given rise to controversy in that it has been seen as a way of reducing the minimum age for imprisonment. The range of punishments include, for 12-16 year-olds, detention in special centres or therapeutic institutions, cautioning, supervision orders, community service orders and placement in the custody of named individuals or families. For 16-17 year-olds the proposals allow for imprisonment, weekend detentions and the withdrawal of various rights (such as driving licences, firearms licences or the right to hold public office).

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