JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

I

1. The promulgation of the present Organic Law on the criminal liability of minors was a necessity imposed by the provisions of the Organic Law 4/1992, of 5 June, on the reform of the Law regulating competition and the Proceedings of the Courts of Minors; in the motion adopted by the Congress of Deputies on May 10, 1994, and in article 19 of the current Organic Law 10/1995, of 23 November, of the Penal Code.

2. The Organic Law 4/1992, promulgated as a consequence of the judgment of the Constitutional Court 36/1991, of February 14, which declared unconstitutional Article 15 of the Law of the Law of the Tutelars of Minors, recast text of 11 June 1948, establishes a flexible framework for the Courts of Minors to determine the measures applicable to them as criminal offenders, on the basis of assessing in particular the interest of the child, understanding of minors for such purposes persons between the ages of 12 and 16. At the same time, he entrusts the Prosecutor's Office with the procedural initiative, and grants him ample powers to agree on the termination of the process with the intention of avoiding, as far as possible, the afflictive effects that he himself might have produce. It also sets up the technical team as an essential instrument to achieve the objective pursued by the measures and ends up establishing a procedure of a sanctioning-educational nature, which grants all guarantees derived from our constitutional order, in line with the provisions of the ruling of the Constitutional Court and the provisions of Article 40 of the Convention on the Rights of the Child of 20 November 1989.

Given that the expressed Organic Law expressly recognized "the character of an urgent reform, which advances part of a renewed legislation on the reform of minors, which will be the subject of later legislative measures", the opportunity of this Organic Law, which constitutes this necessary legislative reform, is evident from the basic principles that have already guided the drafting of this Law (especially the principle of the highest interest of the child). guarantees of our constitutional order, and of the norms of international law, with particular attention to the aforementioned Convention on the Rights of the Child of 20 November 1989, and hoping to respond in this way to the expectations created in the Spanish society, for reasons in part and in part permanent, on this particular topic.

3. The principles set out in the motion adopted unanimously by the Congress of Deputies on 10 May 1994, on measures to improve the existing legal framework for the protection of the child, relate essentially to the establishment of the majority of the criminal age in the eighteen years and the promulgation of " a criminal law of the juvenile and juvenile that contemplates the requirement of responsibility for the young offenders who have not reached the majority of criminal age, based on principles oriented towards the re-education of child offenders, on the basis of circumstances personal, family and social, taking particular account of the competences of the Autonomous Communities in this field ... ".

4. Article 19 of the current Penal Code, adopted by the Organic Law 10/1995 of 23 November, effectively fixes the majority of the criminal age in the eighteen years and requires the express regulation of the criminal responsibility of minors of that age in an independent law. Also in order to respond to this demand, the present Organic Law is approved, although the provisions of this point in the Penal Code must be supplemented in a double sense. First of all, it firmly established the principle that the criminal liability of minors presents to that of adults a primary character of educational intervention that transcends all aspects of its legal regulation and that (a) it determines considerable differences between the meaning and the procedure of sanctions in one sector and another, without prejudice to the guarantees common to all individuals. Secondly, the age limit of eighteen years established by the Penal Code to refer to the criminal liability of minors requires another minimum limit from which the possibility of demanding that responsibility begins and which is It has been completed in the 14 years, based on the conviction that the infractions committed by children under this age are generally irrelevant and that, in the few cases where they can cause social alarm, they are sufficient to give them an equally appropriate response to the family and civil care areas, without needing the intervention of the judicial apparatus sanctioning the State.

5. It has also been the guiding criteria for the drafting of this Organic Law, as it could not be otherwise, the content of the Constitutional Court's doctrine, particularly in the legal grounds of the 36/1991 judgments, 14 February, and 60/1995, of 17 March, on guarantees and respect for fundamental rights which must necessarily prevail in the proceedings before the Courts of Minors, without prejudice to the modulations which, in respect of the ordinary procedure, they allow account to be taken of the nature and purpose of that type of process, I would like to make it clear that the Commission is not going to be able to take the necessary steps to ensure that the European Parliament is able to take the necessary steps to ensure that the be primarily in the field of non-legal sciences.

II

6. As a consequence of the principles, criteria and orientations that have just been mentioned, it can be said that the wording of this Organic Law has been consciously guided by the following general principles: nature formally The Court of the Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of Human Rights requirements of the interest of the minor, differentiation of different sections for purposes In the case of the case-law of the Court of justice, the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of the protection of minors for the enforcement of the measures imposed in the judgment and judicial review of this enforcement.

7. The present Organic Law certainly has the nature of a sanctioning provision, as it develops the requirement of a true legal responsibility to the minor offenders, although specifically referred to the commission of made classified as offences or offences under the Criminal Code and the other special criminal laws. Since it is intended to be the legal reaction to the minor infringer an intervention of an educational nature, although of course of particular intensity, expressly rejecting other essential purposes of the criminal law of adults, such as the proportionality between the fact and the sanction or the intimidation of the addressees of the rule, it is intended to prevent anything that could have a counter-productive effect for the minor, such as the exercise of the action by the victim or by others particular.

And it is that in the criminal law of minors, the superior interest of the child must be first, as a determining element of the procedure and of the measures adopted. Interest to be assessed with technical and non-formalistic criteria by teams of professionals specialized in the field of non-legal sciences, without prejudice to the application of the measures to guarantee principles as indisputable as the accusatory principle, the principle of defence or the principle of presumption of innocence.

8. However, the law also cannot forget the interest of the injured person or victim of the fact committed by the child, establishing a singular, rapid and unformalistic procedure for the compensation, if any, of damages, providing for The Court of Justice of the Court of Justice of the Court of Justice of the European Court of Justice of the European Union In this field of attention to the interests and needs of the victims, the Law introduces the principle in a certain revolutionary way of the responsibility of solidarity with the least responsible of the facts of their parents, guardians, welcoming or guarders, while allowing judicial restraint of the same and expressly recalling the applicability in its case of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as of Law 35/1995 of 11 December 1995 on aid and assistance to victims of violent crime and against sexual freedom.

Also the Law regulates, for procedures for serious crimes committed by over sixteen years, an intervention regime of the injured party in order to safeguard the interest of the victim in the clarification of the facts and their prosecution by the competent court, without contaminating the proper educational and sanctioning procedure of the child.

This law provides for a wide right of participation for victims, offering them the opportunity to intervene in the proceedings by proposing and practicing evidence, drawing conclusions and making resources. However, this participation is established in a limited way, since in the case of minors, the right to be properly constituted as an accuser with full rights and procedural charges cannot be recognised. There is neither here nor the particular action of those harmed by the criminal act, nor the popular action of the citizens, because in these cases the priority interest for the society and for the State coincides with the interest of the child.

9. In accordance with the guidelines declared by the Constitutional Court, a system of adequate guarantees is introduced to the procedural pretense, ensuring that the imposition of the sanction will be carried out after the presumption of This is not the case, but without hindering the educational and assessment criteria of the minor's interest in this process, while at the same time making flexible use of the principle of minimum intervention, in the sense of giving relevance to the possibilities of non-opening of the procedure or waiver of the procedure, the anticipated compensation or reconciliation between the offender and the victim, and the alleged conditional suspension of the measure imposed or of replacement of the measure during its execution.

The jurisdiction corresponds to an ordinary judge, who, with a category of Magistrate and preferably specialist, guarantees the effective judicial protection of the rights in conflict. The position of the Prosecutor's Office is relevant, in its dual status as an institution that is constitutionally entrusted with the task of promoting the action of justice and the defense of legality, as well as the rights of minors, in the interest of these. The lawyer of the minor has a participation in each and every phase of the process, knowing at all times the contents of the file, being able to propose tests and intervening in all the acts that refer to the assessment of the interest of the minor and the execution of the measure, from which you can request the modification.

The adoption of precautionary measures follows the model of a party application, in a contradictory hearing, in which the best interest of the child must be valued, once again.

In defense of the unity of doctrine, the system of ordinary resources is entrusted to the Chambers of Minors of the Superior Courts of Justice, which will have to be created, which, with the inclusion of specialists, assure and reinforce the effectiveness of judicial protection in relation to the purposes proposed by the Law. In the same sense, it should be noted that the appeal for the unification of doctrine, reserved for the most serious cases, in parallel with the adult criminal proceedings, should be emphasized, reinforcing the guarantee of the unity of doctrine in the The scope of the child sanctioning right through the case law of the Supreme Court.

10. In accordance with the principles outlined above, the limit of fourteen years of age is unequivocally established to require this type of sanctioning responsibility for minors of criminal age and differ, in the field of law enforcement and (i) graduation of the consequences for the acts committed, two tranches, fourteen to sixteen and seventeen to eighteen years, for presenting one and another group of characteristics that require, from a scientific and legal point of view, a differentiated treatment, constituting a specific aggravation in the stretch of the over sixteen years the commission of crimes that are characterized by violence, intimidation or danger to people.

The application of this Law to the age of eighteen and under twenty-one, provided for in Article 69 of the Criminal Code in force, may be agreed by the Judge on the basis of personal circumstances and the degree of maturity of the author, and the nature and gravity of the facts. These people receive, for the purposes of this Law, the generic denomination of "young people."

They are expressly regulated, such as situations requiring a specific response, the assumptions in which the child has symptoms of mental alienation or the concurrence of other modifiable circumstances of his or her responsibility, To promote the fiscal ministry, both the adoption of the measures most appropriate to the interest of the child who is in such situations, and the constitution of the tutelary agencies provided for by the laws. It is also established that imprudent actions or omissions cannot be sanctioned with measures of internment under closed regime.

11. In accordance with the guidelines set out above, the Law establishes a broad catalogue of applicable measures, from the aforementioned sanctioning-educational perspective, and the interest of the child in the flexible adoption of the measure will be renewed. appropriate, given the characteristics of the specific case and the personal development of the sanction during the implementation of the measure. The specific purpose which the sciences of conduct require to be pursued with each of the related measures is set out in a guiding nature in paragraph III of this explanatory statement.

12. The enforcement of the judicially imposed measures corresponds to the public entities of protection and reform of minors of the Autonomous Communities, under the inexcusable control of the Judge of Minors.

The criterion is maintained that the interest of the child has to be attended by specialists in the areas of education and training, belonging to spheres of greater inmediation than the State. The Judge of Minors, at the request of the parties and ears the technical teams of the Court itself and of the public entity of the corresponding Autonomous Community, has wide powers to suspend or replace by other the measures imposed, of course without any need for procedural guarantees which are another of the primary objectives of the new regulation, or to allow the parents of the child to participate in the application and consequences of the new regulation.

13. In the context of the Law, a particular interest is the subject of reparation of the damage caused and the reconciliation of the offender with the victim as situations which, in the interests of the principle of minimum intervention, and with the contest mediator of the team In the case of the Commission, the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of essentially based on general prevention and which could prove counterproductive for the future.

The repair of the damage caused and the reconciliation with the victim have the common denominator that the offender and the injured party for the infringement reach an agreement, whose compliance by the minor ends with the conflict legal action initiated by its cause. The purpose of the conciliation is to ensure that the victim receives a psychological satisfaction from the minor infringer, who has to repent of the harm caused and be willing to apologize. The measure will apply when the child effectively repents and apologizes, and the offended person accepts it and grants his forgiveness. In the repair the agreement is not only reached by way of psychological satisfaction, but requires something else: the minor executes the commitment contracted with the victim or impaired to repair the damage caused, either by works in the benefit of the community, either by actions, adapted to the needs of the subject, the beneficiary of which is the victim himself or the injured person.

III

14. In the measure of admonition, the Judge, in a single act that takes place in the judicial headquarters, manifests the least concretely and clearly the reasons that make the facts committed socially intolerable, exposes the consequences that for him and for the victim has had or could have had such facts, and makes recommendations for the future.

15. The measure of benefits for the benefit of the community, which, in line with Article 25.2 of our Constitution, cannot be imposed without the consent of the minor, consists in performing an activity, during a number of sessions previously fixed, either for the benefit of the community as a whole, or for persons who are in a precarious situation for any reason. Preferably, it will be sought to relate the nature of the activity in which this measure consists of the legal goods affected by the acts committed by the child.

The characteristic of this measure is that the child must understand, during its performance, that the collectivity or certain persons have suffered injustified negative consequences arising from their conduct. It is intended that the subject understands that he acted incorrectly, that he deserves the formal reproach of the society, and that the provision of the works that are required of him is a fair act of reparation.

16. Detention measures respond to greater danger, manifested in the peculiarly serious nature of the events committed, characterized in the cases most highlighted by violence, intimidation or danger to people. The priority objective of the measure is to have an environment which provides the appropriate educational conditions so that the child can reorient those provisions or deficiencies which have characterised their antisocial behaviour, when for it is necessary, at least on a temporary basis, to ensure the offender's stay in a physically restrictive regime of his or her freedom. The greater or lesser intensity of such a restriction gives rise to the various types of detention, which are to be referred to below. Detention, in any case, must provide a climate of personal safety for all involved, professional and minor offenders, which makes it essential that the conditions of stay are the correct ones for normal development. psychological of minors.

in the case of the case-law, the Commission has taken into account the fact that, in the case of the case-law, the Commission is not in a position to take the necessary measures. restrictive and progressively autonomous environment.

Internment in a semi-open regime implies the existence of an educational project where from the beginning substantial objectives are made in contact with people and institutions of the community, with the lowest of their residence in the centre, subject to the programme and internal arrangements of the programme.

Open internment implies that the child will carry out all the activities of the educational project in the standard services of the environment, residing in the center as usual domicile.

Therapeutic internment is foreseen for those cases where minors, either because of their addiction to alcohol or other drugs, or because of significant dysfunctions in their psychism, require a structured context in (a) the ability to carry out a therapeutic programme, not giving, on the one hand, the appropriate conditions in the minor or in his/her environment for the outpatient treatment, nor, on the other hand, the conditions of risk that would be required by the application to that of a Closed-speed internment.

17. In attendance at a day centre, the child is referred to a fully integrated centre in the community, where educational activities are carried out in support of their social competence. This measure serves the purpose of providing a smaller structured environment for a good part of the day, in which socio-educational activities can be carried out that can compensate for the lack of family environment. The characteristic of the day centre is that it is where the essential of the social-educational project of the child is taken, although the latter can also attend other places to make use of other leisure or cultural resources. This measure may therefore continue to reside in your home, or in your family, or in the host establishment.

18. In the measure of probation, the minor infringer is subjected, during the time established in the sentence, to a supervision and supervision by specialized personnel, in order to acquire the skills, abilities and attitudes necessary for proper personal and social development. For the duration of probation, the child shall also comply with the obligations and prohibitions that the Judge may impose on him in accordance with this Law.

19. The achievement of socio-educational tasks consists in the minor carrying out specific activities of educational content that facilitate their social reintegration. This can be a stand-alone measure or be part of a more complex one. Employed in an autonomous way, it aims to meet specific needs of the least perceived as limiting its integral development. It may involve the child's attendance and participation in an already existing programme in the community, or an "ad hoc" set up by the professionals responsible for implementing the measure. As examples of socio-educational tasks, the following may be mentioned: attending an occupational workshop, a compensatory education classroom or a course of preparation for employment; participating in structured animation activities sociocultural, attending learning workshops for social competence, etc.

20. Outpatient treatment is a measure aimed at children who have the right conditions in their lives to benefit from a therapeutic program that helps them to overcome addictive processes or significant dysfunctions of their psychism. For minors who have a dependency on alcohol or drugs, and who in their best interests can be treated in the community, different types of medical and psychological assistance can be combined. It is very appropriate for cases of psychological imbalance or disturbances of psychism that can be taken care of without the need for internment. The most clear difference with the socio-educational task is that it aims to achieve training, an achievement of learning, using a methodology, not so much clinical, but as a psychoeducational orientation. Outpatient treatment can also be understood as a very specific socio-educational task for a well-defined problem.

21. The weekend stay is the expression that defines the measure by which a minor is forced to stay in his or her home from the afternoon or night of Friday to Sunday night, except for the time he performs the duties. The educational and educational institutions In practice, it combines elements of weekend arrest and the measure of socio-educational tasks or benefits for the benefit of the community. It is suitable for minors who commit acts of vandalism or minor assaults on weekends.

22. Co-existence with a person, family or educational group is a measure that attempts to provide the child with a positive socialization environment, through their coexistence, during a period determined by the Judge, with a person, with a family different from yours or an educational group that is offered to fulfill the role of the family in the development of social-affective guidelines in the child.

23. The deprivation of driving licences or motor vehicles, or of the right to obtain it, or of administrative licences for hunting or for the use of any type of weapon, is an ancillary measure which may be imposed in cases where the committed fact is related to the activity that the child performs and that the child needs administrative authorization.

24. Finally, it should be pointed out that the scientific principles and the educational criteria to be met by each of the measures, here in the short term, will have to be regulated more extensively in the Regulation which is in the in the development of this Organic Law.

PRELIMINARY TITLE

Article 1. General statement.

1. This Law will apply to require the liability of persons over the age of fourteen and under eighteen by the commission of facts typified as offences or offences in the Criminal Code or special criminal laws.

2. The provisions of this Law for minors to persons over the age of 18 and under 21 shall also apply in the terms set out in Article 4 of the Act.

3. The persons to whom this Law applies shall enjoy all the rights recognized in the Constitution and in the legal order, particularly in the Organic Law 1/1996, of 15 January, of the Legal Protection of the Child, as well as in the Convention on the Rights of the Child of 20 November 1989 and in all those rules on the protection of minors contained in the Treaties validly concluded by Spain.

4. To the effect of designating the persons to whom this Law applies, in the articles of the same one, the term lesser is used to refer to those who have not spent eighteen years, and that of young people to refer to the elderly of that age.

Without prejudice to the foregoing, when this Law refers generically to the minor or minors, it is understood that it does so to all those included in its scope.

TITLE I

From the scope of the Law

Article 2. Competition of the Judges of Minors.

1. The Judges of Minors shall be competent to know of the facts committed by the persons referred to in Article 1 of this Law, as well as to enforce their sentences, without prejudice to the powers conferred by this Law on the Communities Autonomous with respect to the protection and reform of minors.

2. The Judges of Minors shall also be competent to resolve the civil liability arising from the acts committed by the persons to whom this Law applies.

3. The jurisdiction corresponds to the Judge of Minors of the place where the criminal act has been committed, without prejudice to the provisions of Article 20.3 of this Law.

Article 3. Scheme for children under the age of 14.

When the author of the facts mentioned in the above articles is less than fourteen years old, he will not be required to be held liable under this Law, but will be subject to the provisions of the rules on protection of minors provided for in the Civil Code and other provisions in force. The Prosecutor's Office shall forward to the public institution for the protection of minor testimony of the individuals whom it considers to be precise with respect to the child, in order to assess its situation, and that entity shall promote the protection measures appropriate to the circumstances of the person in accordance with the provisions of the Organic Law 1/1996 of 15 January.

Article 4. Regime of over eighteen years of age.

1. In accordance with Article 69 of the Organic Law 10/1995 of 23 November of the Penal Code, this Law will apply to persons over the age of eighteen and under the age of twenty-one charged in the Commission of Acts. criminal, when the Judge of the competent Instruction, ears the Prosecutor's Office, the lawyer of the accused and the technical team referred to in article 27 of this Law, so declare it expressly by order.

2. The conditions for the application of the provisions of the preceding paragraph shall be as follows:

1. That the accused has committed a fault, or a less serious crime without violence or intimidation in the persons or serious danger to the life or physical integrity of the same, typified in the Penal Code or in the laws special penalties.

2. That you have not been convicted in a firm sentence for criminal acts committed after the age of eighteen. To this end, no account shall be taken of previous convictions for reckless offences or offences or criminal records which have been cancelled or which should be cancelled in accordance with the provisions of Article 136 of the Criminal Code.

3. That the personal circumstances of the person and his degree of maturity advise the application of this Law, especially when the technical team has recommended it in his report.

3. Against the order that resolves the above paragraphs, it will appeal for appeal within three days, of which it will know the Chamber of Minors of the corresponding Superior Court of Justice, without previous recourse of reform. The appeal will be substantiated under the general regime established in the Criminal Procedure Act.

From the aforementioned order, once signed, the tax ministry will be transferred for the processing of the procedure provided for in this Law.

Article 5. Bases of responsibility for minors.

1. Minors shall be liable in accordance with this Law when they have committed the facts referred to in Article 1, and none of the causes of exemption or extinction of the criminal liability provided for in the current Code are present. Criminal.

2. Notwithstanding the foregoing, the minors in whom the circumstances provided for in Article 20 (1), (2) and (3) of the current Criminal Code are satisfied shall be applicable to them, if necessary, to the therapeutic measures referred to in the Article 7.1 (d) and (e) of this Law.

3. The ages indicated in the article of this Law must always be understood as referring to the moment of the commission of the facts, without having to be exceeded before the beginning of the procedure or during the processing of the same any impact on the jurisdiction conferred by this same Law on the Judges and Prosecutors of Minors.

Article 6. From the intervention of the Fiscal Ministry.

It is for the Prosecutor's Office to defend the rights granted to minors by the laws, as well as the monitoring of the actions to be carried out in their interest and the observance of the guarantees of the procedure, for which will personally direct the investigation of the facts and order that the judicial police practice the necessary actions for the verification of those and the participation of the minor in the same, driving the procedure.

TITLE II

Of The Measures

Article 7. List of measures likely to be imposed on minors.

1. The measures that the Judges of Minors may impose, ordered according to the restriction of rights they assume, are as follows:

a) Internal on closed regime. Persons subject to this measure shall reside in the centre and shall develop training, education, employment and leisure activities in the centre.

b) Interment on a semi-open basis. Persons subject to this measure shall reside in the centre, but shall carry out training, education, employment and leisure activities outside the same school.

c) Open-rate internment. The persons subject to this measure shall carry out all the activities of the educational project in the standard services of the environment, residing in the centre as usual domicile, subject to the programme and internal arrangements of the project.

d) Therapeutic interment. In the centres of this nature, specialized educational care or specific treatment will be carried out for people suffering from anomalies or psychological disorders, a state of dependence on alcoholic beverages, toxic drugs or substances. psychotropic, or alterations in perception that determine a serious alteration of the consciousness of reality. This measure may be applied alone or in addition to another measure provided for in this Article. Where the person concerned refuses to treat the situation, the Judge shall apply to him another measure appropriate to his circumstances.

e) Outpatient treatment. The persons subject to this measure must attend the designated centre at the intervals required by the practitioners and follow the guidelines laid down for the proper treatment of the anomaly or mental disorder, addiction to the consumption of alcoholic beverages, toxic drugs or psychotropic substances, or alterations in the perception they suffer. This measure may be applied alone or in addition to another measure provided for in this Article. Where the person concerned refuses to treat the situation, the Judge shall apply to him another measure appropriate to his circumstances.

f) Assistance to a day center. The persons subject to this measure shall reside at their usual address and come to a centre, fully integrated in the community, to carry out support, educational, training, employment or leisure activities.

g) Weekend stay. Persons subject to this measure shall remain at their home or in a centre up to a maximum of thirty-six hours between Friday evening or Friday night and Sunday night, with the exception of the time to be spent on the socio-educational tasks. assigned by the Judge.

h) Freedom watched. In this measure, the activity of the person subject to it and of their attendance at the school, the vocational training centre or the workplace must be monitored, as the case may be, in order to help the person to overcome the factors. who determined the offence committed. In addition, this measure requires, where appropriate, to follow the socio-educational guidelines indicated by the public entity or the professional responsible for its monitoring, in accordance with the intervention program prepared for the purpose and approved by the Judge of Minors. The person subject to the measure is also required to keep the interviews established in the programme with the professional and to comply, where appropriate, with the rules of conduct imposed by the Judge, which may be some or some of the following:

1. Obligation to regularly attend the relevant teaching centre, if the person concerned is in the period of compulsory basic education, and to prove to the Judge such regular attendance or to justify the absences, as many times as required for this.

2. The obligation to submit to training, cultural, educational, professional, labor, sex education, road education, or similar programs.

3. Ban on going to certain places, establishments or shows.

4. No Ban on absent from the place of residence without prior judicial authorization.

5. th Obligation to reside in a given location.

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

7. Cue. Other obligations that the Judge, ex officio or at the request of the Prosecutor's Office, considers appropriate for the social reinsertion of the sentenced person, provided that they do not attack his dignity as a person.

i) Coexistence with another person, family, or educational group. The person subject to this measure must, during the period of time established by the Judge, live with another person, with a family other than his or her own or with an educational group, suitably selected to guide the person in his/her process of socialization.

j) Benefits for the benefit of the community. The person who is subject to this measure, who cannot be imposed without his consent, must carry out the unpaid activities indicated to him, of social interest or for the benefit of persons in a precarious situation. It will be sought to relate the nature of these activities to the nature of the legal good injured by the acts committed by the child.

k) Realization of socio-educational tasks. The person subject to this measure must carry out, without detention or probation, specific educational content activities aimed at facilitating the development of his or her social competence.

l) Amonstation. This measure consists in the reproof of the person carried out by the Judge of Minors and directed to make him understand the gravity of the facts committed and the consequences that they have had or could have had, urging him not to return to commit such facts in the future.

m) Privatisation of the permit to drive or motor vehicles, or of the right to obtain it, or of administrative licenses for hunting or for use of any type of weapons. This measure may be imposed as an accessory where the offence or misconduct has been committed using a moped or a motor vehicle, or a weapon, respectively.

2. The detention measures shall consist of two periods: the first shall be carried out in the centre concerned, in accordance with the description given in the preceding paragraph of this Article; the second shall be carried out under probation, in the mode chosen by the Judge. The total duration shall not exceed the time specified in Article 9. The technical team shall report on the content of both periods, and the Judge shall express the duration of each sentence.

3. For the choice of the appropriate measure or measures, both by the Prosecutor's Office and the lawyer of the minor in his or her postulations as well as by the Judge in the judgment, must be dealt with in a flexible manner, not only to the proof and legal assessment of the facts, in particular at the age, the family and social circumstances, the personality and the interest of the child, the last two of them in the reports of the technical teams and, where appropriate, of the public institutions for protection and reform of minors issued in accordance with the provisions of Article 27 of this Law. The Judge shall give reasons for the judgment, expressing in detail the reasons for which he applies a particular measure, and the length of time for the measure, for the purposes of the assessment of the minor's interest.

Article 8. Accusatory principle.

The Judge of Minors may not impose a measure that would result in a greater restriction of rights or for a longer period than the measure requested by the Prosecutor's Office.

Nor may it exceed the duration of the custodial measures referred to in Article 7.1 (a), (b), (c), (d) and (g), in any event, of the time which would have lasted for the custodial sentence imposed by him. the same fact, if the subject, if he was older, had been held responsible, in accordance with the Penal Code.

Article 9. Rules for the application of the measures.

By way of derogation from Article 7.3, the application of the measures shall comply with the following rules:

1. When the facts committed are deemed to be missing, only the measures of admonition may be imposed, stay of the weekend up to a maximum of four weekends, benefits for the benefit of the community until 50 hours, and deprivation of driving licence or other administrative licences.

2. The closed detention measure may be applicable only where the description and legal status of the facts establish that violence or intimidation has been used in the commission in the person or in the acted with serious risk to the life or physical integrity of the same.

3. The duration of the measures may not exceed two years, in which case the time already served by the child as a precautionary measure, in accordance with the provisions of Article 28.5 of this Law, may not be exceeded. The measure of benefits for the benefit of the community shall not exceed 100 hours. The weekend stay measure will not be able to exceed eight weekends.

4. In the case of persons who have completed sixteen years at the time of the commission of the acts, the duration of the measures may reach a maximum of five years, provided that the offence has been committed with violence or intimidation in persons or with a serious risk to the life or physical integrity of the persons and the technical team in their report advise the extension of the measure. In these cases, the measure of benefits for the benefit of the community may be as long as the two hundred hours, and the stay of the weekend, sixteen weekends.

5. Exceptionally, when the assumptions provided for in the previous rule were extremely serious, expressly appreciated in the judgment, the Judge will have to impose a measure of internment of a closed regime of one to five years duration, supplemented successively by another measure of probation with educational assistance up to a maximum of five years. Only the provisions of Articles 14 and 51.1 of this Law may be used after the first year of effective enforcement of the detention measure.

The measure of probation must be ratified by a reasoned order, after hearing the Prosecutor's Office, the lawyer of the minor and the representative of the public entity for the protection or reform of minors, at the end of the detention, and shall be carried out by the public institutions responsible for the enforcement of the penalties, in accordance with the provisions of Article 105.1 of the current Penal Code.

For the purposes of this article, it will be understood to be extremely serious, those in which the recidivism will be appreciated and, in any case, the crimes of terrorism and the constitutive of acts of favor, support or demand of the the activity of bands, organisations or terrorist groups, as well as those of murder or intentional homicide, and sexual assault as referred to in Articles 179 and 180 of the Criminal Code.

6. Unprudent actions or omissions may not be sanctioned with measures of internment under closed conditions.

7. When in the application of the Prosecutor's Office or in the judgment given in the proceedings, some of the circumstances referred to in Article 5.2 of this Law are assessed, only the measures may be applied (d) and (e) of the therapeutic provisions described in Article 7.1

d) and (e).

Article 10. From the prescription.

1. Criminal acts committed by minors prescribe:

1. At five years, in the case of a serious crime punishable in the Penal Code with a penalty of more than ten years.

2. º At three years, in the case of any other serious crime.

3. º A year, when it is a less serious offense.

4. º At three months, when it is a fault.

2. Measures having a period of more than two years shall be prescribed at three years. The remaining measures will be prescribed at two years, except for the warning, the benefits for the benefit of the community and the arrest with weekend tasks, which will be prescribed for the year.

3. Criminal acts committed for over eighteen years and under the age of 21 shall be prescribed in accordance with the rules contained in the Criminal Code.

Article 11. Contest for infringements.

1. The minor responsible for a plurality of facts shall be subject to one or more measures, taking into account the criteria set out in Articles 7.3 and 9 of this Law.

2. However, where the same conduct is constituted by two or more infringements, or a conduct is necessary for the commission of another, the most serious of them shall be taken into account only for the application of the corresponding measure.

Article 12. Continued infringement or with a plurality of victims.

In the cases of continued infringement or of a single infringement with a plurality of victims, the Judge shall impose a single measure on the person, taking as a reference the most serious of the acts committed, at the maximum extension of that in accordance with the rules of Article 9, except where the interest of the minor advises the imposition of the measure on a lower extent.

Article 13. Imposition of multiple measures.

When the sentenced person is charged several measures in the same procedure and cannot be met simultaneously, the Judge, on a proposal from the Prosecutor's Office and the lawyer of the minor, the representative of the technical equipment and the public entity for the protection or reform of minors, may replace all or any of them, or establish its successive compliance, without in this case the total period of compliance may exceed twice the time for which it is The most serious of them is imputed.

Article 14. Modification of the imposed measure.

1. The Judge, ex officio or at the request of the Prosecutor's Office or the lawyer of the minor, after hearing of these and the report of the technical team and, where appropriate, of the public entity for the protection or reform of minors, may at any time leave the (a) measure imposed, reduce its duration or replace it with another, provided that the amendment is in the interests of the minor and sufficiently expresses the reproach due to his conduct.

2. In the foregoing cases, the Judge shall decide by reasoned order against which the resources provided for in this Law may be brought.

Article 15. Majority of the sentenced person's age.

When the child who has been imposed a measure of those established in this Law reaches the age of majority, he will continue to comply with the measure until he reaches the objectives proposed in the judgment in which he was imposed. in accordance with the criteria set out in the previous Articles.

Notwithstanding the foregoing paragraph, where the detention measures are imposed on those who have been twenty-three years of age or, having been imposed, have not completed their compliance with the attainment of the said child. age, the Judge of Minors, heard by the Prosecutor's Office, without prejudice to the provisions of Articles 14 and 51 of this Law, will order its compliance in prison in accordance with the ordinary regime provided for in the General Organic Law Penitentiary.

TITLE III

From the procedure instruction

CHAPTER I

General Rules

Article 16. Opening of the file.

1. It is for the Prosecutor's Office to instruct the proceedings for the facts referred to in Article 1 of this Law.

2. Those who have received news of any of the cases referred to in the previous paragraph, allegedly committed by a child under the age of eighteen, must inform the Prosecutor's Office, which will admit or not to process the complaint, according to the (a) facts whether or not they constitute a crime; he shall keep the pieces, documents and effects referred to him, and shall, where appropriate, practice the proceedings which he considers relevant for the verification of the fact and the responsibility of the minor in his commission, being able to resolve the file of the performances when the facts do not constitute a crime or have no known author. The resolution on the complaint must be notified to those who have made the complaint.

3. Once the actions referred to in the previous paragraph have been carried out, the Prosecutor's Office shall give an account of the opening of the file to the Judge of Minors, who shall initiate the corresponding proceedings.

4. The Judge of Minors shall open at the same time the separate piece of civil liability, which shall be dealt with in accordance with the rules of Article 64 of this Law.

5. Where the facts referred to in Article 1 have been committed jointly by the elderly and by persons of the ages referred to in the same Article 1 and 4 of this Law, in their respective cases, the Judge of Instruction In order to ensure the success of the research activity in relation to the elderly and to order the testimony of the elderly, the competent authorities will take the necessary measures to ensure the success of the research activity in relation to the elderly. specific details to the Ministry of Public Prosecutor's Office, for the purposes of paragraph 2 of this Article.

Article 17. Detention of minors.

1. The authorities and officials involved in the detention of a child must practise it in the form that least damages the child and will be obliged to inform him, in a clear and comprehensible language and immediately, of the facts The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union They shall also immediately notify the detention and the place of custody of the child's legal representatives and the Prosecutor's Office. If the child is detained abroad, the arrest shall be notified to the relevant consular authorities when the child is habitually resident outside Spain or when the child or his or her representatives so request. legal.

2. Any statement of the detainee shall be carried out in the presence of his lawyer and of those who exercise the rights, guardianship or guardian of the child-in fact or in law-except that, in the latter case, the circumstances advise otherwise. In the absence of such a declaration, the declaration shall be made in the presence of the Prosecutor's Office, represented by a person other than the instructor of the case.

3. As long as detention lasts, minors must be kept in care in appropriate and separate facilities for the elderly, and receive care, protection and social, psychological, medical and physical care. require, taking into account their age, gender and individual characteristics.

4. The detention of a child by police officers may not take longer than is strictly necessary for the conduct of investigations to clarify the facts and, in any event, within the maximum period of 24 months. hours, the child detained must be released or at the disposal of the Prosecutor's Office. The provisions of Article 520 (a) of the Criminal Procedure Act shall apply, where appropriate, by attributing jurisdiction to the judgments provided for in that provision to the Judge of Minors.

5. Where the detainee is made available to the Prosecutor's Office, the Prosecutor's Office shall, within forty-eight hours of the arrest, resolve the matter of the release of the child, on the withdrawal referred to in the article. following, or on the opening of the file, making the file available to the Judge of the Child competent and requiring the appropriate precautionary measures, in accordance with the provisions of Article 28.

6. The Judge responsible for the habeas corpus procedure in relation to a minor shall be the Judge of the Instruction of the place where the child is deprived of liberty; if not, the place where the arrest occurred, and, in the absence of the the place where the latest news has been about the whereabouts of the detained child. When the habeas corpus procedure is urged by the child himself, the public force responsible for the arrest shall immediately notify the Prosecutor's Office, in addition to the procedure in accordance with the regulatory organic law.

Article 18. Withdrawal from the opening of the file by correction in the field of education and family.

The Prosecutor's Office may desist from the opening of the file when the reported facts constitute less serious crimes without violence or intimidation in the persons, or faults, classified in the Penal Code or in the laws special penalties. In such a case, the Prosecutor's Office shall transfer the act to the public entity for the protection of minors for the application of the provisions of Article 3 of this Law. The provisions of this paragraph shall be without prejudice to the work of the relevant part of the civil liability.

However, when it is established that the child has previously committed other acts of the same nature, the Prosecutor's Office shall initiate the file and, where appropriate, act as authorized in Article 27.4 of this Law.

Article 19. Dismissal of the case by conciliation or repair between the child and the victim.

1. The Prosecutor's Office may also desist from the continuation of the file, taking into account the seriousness and circumstances of the facts and the minor, in particular to the lack of serious violence or intimidation in the commission of the facts, and to the the fact that the child has also been reconciled with the victim or has made a commitment to repair the damage caused to the victim or the injured party by the crime, or has committed to the educational activity proposed by the team technical in your report.

The withdrawal in the continuation of the file will only be possible when the fact imputed to the child constitutes a less serious crime or fault.

2. For the purposes of the preceding paragraph, conciliation shall be deemed to have been produced where the child recognises the damage caused and apologizes to the victim, and agrees to his apologies, and shall be deemed to be reparation for the undertaking given by him. less with the victim or impaired to perform certain actions for the benefit of those or the community, followed by their effective implementation. This is without prejudice to the agreement reached by the parties in relation to the exercise of the civil liability action arising from the offence or misconduct, as regulated in this Law.

3. The relevant technical team shall perform the mediation functions between the child and the victim or the injured party, for the purposes indicated in the preceding paragraphs, and inform the Prosecutor's Office of the commitments acquired and of their degree of compliance.

4. Once the conciliation has been produced or the reparation commitments entered into with the victim or harmed by the offence or misconduct have been fulfilled, or where one or more of them could not be carried out by causes other than the will of the child, the Ministry Prosecutor shall terminate the instruction and request from the Judge the dismissal and file of the proceedings, with reference to the action.

5. In the event that the child does not comply with the compensation or the agreed educational activity, the Prosecutor's Office will continue the processing of the file.

6. In cases where the victim of the offence or misconduct is minor or incapable, the undertaking referred to in this Article shall be borne by the legal representative of the same, with the approval of the Judge of Minors.

Article 20. Case Unit.

1. The Prosecutor's Office shall initiate proceedings for each criminal act, except in the case of related criminal acts.

2. All procedures dealt with by the same minor or young person will be filed in the personal file that has been opened in the Office of the Prosecutor General. Likewise, the proceedings will be filed in the Juvenile Court.

3. In cases where the offences attributed to the minor issued have been committed in different territories, the determination of the competent judicial body for the prosecution of all those in the unit of file, as well as of the public entities competent for the implementation of the measures to be applied shall be made taking into account the place of the child's domicile and, in the alternative, the criteria set out in Article 18 of the Criminal Procedure Act.

Article 21. Referral to the competent body.

When the knowledge of the facts does not correspond to the jurisdiction of the Courts of Minors, the Prosecutor will agree the referral of the acts to the legally competent body.

Article 22. From the opening of the file.

1. From the moment of the opening of the file, the child shall be entitled to:

a) Be informed by the Judge, the Prosecutor's Office, or police officer of the rights that assist you.

b) Designate a lawyer to defend you, or to be appointed to you on its own initiative and to interview with him, even before making a statement.

c) To intervene in the proceedings that are carried out during the preliminary investigation and in the judicial process, and to propose and request, respectively, the practice of diligence.

d) Be heard by the Judge or Court before taking any resolution personally aware of you.

e) The affective and psychological assistance in any state and degree of the procedure, with the presence of the parents or other person indicating the child, if the Child Judge authorizes their presence.

f) The assistance of the services of the technical team attached to the Juvenile Court.

2. The file shall be notified to the minor at the time of his opening, except as provided for in Article 24. To this end, the Secretary of the Court of Minors, once received from the Prosecutor's Office the opening of the file, will require the minor and his legal representatives to appoint a lawyer within three days, warning them that, if not to do so, the latter shall be appointed to the minor of trade from among the members of the staff of the corresponding Bar Association.

3. Likewise, the Prosecutor's Office shall notify the person who appears to be injured, from the moment in which the case has been given, the possibility of exercising the civil actions which may correspond to him, in person before the Judge of Minors in the piece of civil liability that will be dealt with by the same.

Article 23. Acting as an instructor in the Fiscal Ministry.

1. The investigating action of the Prosecutor's Office will have as its object, both to assess the participation of the minor in the facts to express the reproach that deserves its conduct, and to propose the concrete measures of educational content and sanctioning appropriate to the circumstances of the event and its author and, above all, to the interest of the child himself valued in the cause.

2. The Prosecutor's Office shall give the file to the lawyer of the child, within a period not exceeding twenty-four hours, as many times as he so requests.

3. The Prosecutor's Office will not be able to practice restrictive measures of fundamental rights by itself, but will have to request from the Court of Justice the practice of those that are precise for the good purpose of the investigations. The Juvenile Judge will rule on this petition by self-motivated. The practice of such proceedings shall be documented in a separate part.

Article 24. Secret to the case.

The Judge of Minors, at the request of the Prosecutor's Office, the child or his family, and by means of a reasoned order, may decree the secret of the file, in whole or in part, throughout the course of the instruction or for a period of time. limited of this. However, the lawyer of the child must, in any case, know in his integrity the case when he or she is evacuating the case. This incident will be dealt with by the Court in a separate part.

Article 25. Participation of the injured person and lack of particular and popular action.

In this proceeding, the exercise of actions by individuals, except as provided for in Article 61.1 of this Act on the exercise of civil actions, is in no case applicable.

Notwithstanding the foregoing, when facts classified as crimes are attributed to persons who have served sixteen years at the time of the commission of events, with violence or intimidation, or with serious risk to life or physical integrity of the persons, the injured party may be placed in the proceedings, both at the investigating stage and at the hearing stage, with the following powers:

Having a view of the action, being notified of the measures requested and agreed upon.

Propose evidence to deal with the criminal act and the circumstances of your commission, except as regards the child's psychological, educational, family and social situation.

Participate in the practice of the tests, either in the phase of the instruction, or in the phase of the hearing; for these purposes the acting organ may refuse the practice of the test of the caret, if it is requested, when it does not result fundamental for the investigation of the facts or the participation of the child in the facts.

Against the refusal by the Prosecutor of the person of the injured party in the instructor phase, he may reiterate his petition to the Court of Minors within five days, and against the refusal of the practice of a test by the No appeal shall be given, without prejudice to the possibility of reapplying for it in the pleadings or in the hearing stage.

In addition, prior to the referral by the Prosecutor of the case to the Tribunal of Minors, the Prosecutor's Office will grant the injured person that a five-day time limit has been set for him to valore the test set and, where appropriate, propose those that should be performed at the hearing stage.

Where the hearing is held, the Judge shall invite the injured person to the cause to express what he has as appropriate as to the practice of new evidence, and after that he shall be heard in relation to the facts (a) to the extent to which they have been tested, and to the participation of the child, without in any case being able to demonstrate any indication of the origin of the proposed measures.

Against the cars and providences of the Judges of Minors that affect the exercise of the powers recognized in this article, the provisions of Article 41.2 shall be made.

Against the sentence handed down by the Judge of Minors, the injured party may institute appeal in accordance with the provisions of Article 41.1, based on the incompetence of the Court, the inadequacy of the procedure, the breaking of the essential forms of the judgment which has produced defenceless to the injured person or the lack of appreciation of any element of proof essential for the qualification of the facts, being able, if necessary, to request their practice, as well as in the terms prevented by Article 41.1.

Article 26. Proceedings proposed by the child's lawyer.

1. The lawyer of the minor will request the Prosecutor's Office to practice how many actions he considers necessary. The Prosecutor's Office shall decide upon its admission, by means of a reasoned decision, which shall notify the lawyer and shall bring to the attention of the Judge of Minors. In relation to unpracticed proceedings, the lawyer may reproduce his request at any time before the Court of Minors.

2. Notwithstanding the foregoing paragraph, where the lawyer proposes that the minor's statement be carried out, the Prosecutor's Office shall receive it in the file, unless the instruction and the file have already been completed. been elevated to the Juvenile Court.

3. If the proceedings proposed by the lawyer of the minor concerned the fundamental rights of the latter or other persons, the Prosecutor's Office shall, if appropriate, make the application to the Judge of Minors in accordance with the provisions of Article 23.3 of the This Law, without prejudice to the right of the lawyer to reproduce his application to the Judge of Minors under the conditions laid down in paragraph 1 of this Article.

Article 27. Technical team report.

1. During the examination of the file, the Prosecutor's Office will require the technical team, which for these purposes will be functionally dependent on the latter, whatever their organic dependence, the elaboration of a report or update of the above issued, which shall be delivered within a maximum of 10 days, which may be extended for a period not exceeding one month in cases of great complexity, on the psychological, educational and family situation of the child, as well as on his or her social environment; and on any other circumstance relevant to the effects of the adoption of any of the measures provided for in this Law.

2. The technical team may also propose a socio-educational intervention on the child, highlighting in such a case those aspects of the minor that he considers relevant in order to this intervention.

3. Similarly, the technical team shall inform, if it considers it appropriate and in the interests of the child, the possibility of the latter carrying out a remedial or conciliation activity with the victim, in accordance with Article 19 of this Law, with an express indication of the content and purpose of the said activity. In this case, a report of the characteristics and contents of paragraph 1 of this Article shall not be required.

4. The technical team may also propose in its report the desirability of not continuing the processing of the file in the interests of the child, for having been sufficiently expressed the reproach himself through the procedures already practiced, or by to consider inappropriate for the interest of the minor any intervention, given the time elapsed since the commission of the facts. In such cases, if the requirements provided for in Article 19.1 of this Law were met, the Prosecutor's Office may refer the file to the Judge with a proposal for a dismissal, and, if necessary, also send testimony to the institution. public protection of minors, for the purposes of acting in the protection of the child.

5. In any event, once the report of the technical team has been prepared, the Prosecutor's Office shall immediately forward it to the Judge of Minors and copy the child's lawyer.

6. The report referred to in this Article may be drawn up or supplemented by public or private entities working in the field of education of minors and aware of the status of the issued child.

CHAPTER II

Of the precautionary measures

Article 28. General rules.

1. When there are rational indications of the commission of a crime or the risk of eluding or obstructing the action of justice by the child, the Prosecutor's Office may request the Judge of Minors, at any time, to take action. precautionary for the custody and defense of the issued child. Such measures may include detention in the centre, appropriate arrangements, probation or co-existence with another person, family or educational group. The Judge, hearing the lawyer of the minor, as well as the technical team and the representation of the public entity for the protection or reform of minors, who will report especially on the nature of the precautionary measure, will decide on the proposed taking in Special consideration is the interest of the child. The precautionary measure adopted may be maintained until the time of the hearing provided for in Articles 31 et seq. of this Law or during the substantiation of any resources.

2. For the adoption of the precautionary measure of detention, the seriousness of the facts, their impact and the social alarm produced, always valuing the personal and social circumstances of the child. The Judge of Minors will decide on the proposal of the Prosecutor's Office in an appearance that will also be attended by the lawyer of the minor and the representative of the technical team and that of the public entity of protection or reform of minors, which inform the Judge of the appropriateness of the adoption of the measure requested, from the perspective of the interest of the minor and his procedural situation.

In this appearance, the Prosecutor's Office and the child's lawyer may propose the means of proof that can be practiced on the spot or within the next twenty-four hours.

3. The maximum duration of the precautionary measure for detention shall be three months, and may be extended, at the request of the Prosecutor's Office and by a reasoned order, for a further three months.

4. The precautionary measures shall be documented in the Juvenile Court in a separate part of the file.

5. The time to comply with the precautionary measures shall be paid in their entirety for the purposes of the measures which may be imposed on the same cause or, failing that, on other causes which have been the subject of prior to the adoption of those. The Judge, acting on a proposal from the Prosecutor's Office and hearing the lawyer of the minor and the technical team that informed the precautionary measure, shall order the enforcement of the measure imposed on that party which it considers reasonably compensated by the measure. precautionary.

Article 29. Precautionary measures in cases of exemption from liability.

If in the course of the instruction the Prosecutor's Office carries out, it will be sufficiently accredited that the child is in a situation of mental alienation or in any other of the circumstances foreseen in the Article 20 (1), (2), (2) or (3) of the current Penal Code shall take the necessary precautionary measures for the protection and custody of the child in accordance with the applicable civil precepts. of the minor and the constitution of the tutelary bodies in accordance with the law, without prejudice to to conclude the instruction and to carry out the arguments provided for in this Law in accordance with Articles 5.2 and 9, and to request, for the proceedings of the same, where appropriate, a therapeutic measure appropriate to the interest of the minor of the provided for in this Act.

CHAPTER III

From the completion of the instruction

Article 30. Referral of the file to the Judge of Minors.

1. After the instruction has been completed, the Prosecutor's Office shall resolve the file's conclusion, notify the child's lawyer, and forward to the Court of Minors the file, together with the pieces of conviction and other effects that may exist, with a a written statement of allegations, including the description of the facts, the legal assessment of the facts, the degree of participation of the child, a brief overview of the personal and social circumstances of the child, and the proposal of a measure of those provided for in this Law with reasoned exposure of the legal and educational grounds that the advise.

2. In the same act, the Prosecutor's Office shall propose proof that it intends to avail itself for the defence of its procedural claim.

3. In addition, the Prosecutor's Office may propose to participate in the hearing of those persons or representatives of public and private institutions that may contribute to the process the value of the interest of the child and of the whether or not the requested measures are appropriate.

4. The Prosecutor's Office may also request from the Judge of Minors the dismissal of the actions for any of the reasons provided for in the Law of Criminal Procedure, as well as the referral of the necessary individuals to the public entity of protection of minors in your case.

TITLE IV

From the hearing phase

Article 31. Opening of the hearing phase.

Received the statement of allegations with the file, the pieces of conviction, the effects and other procedural elements submitted by the Prosecutor's Office, the Judge of Minors will incorporate them to their actions, and will proceed to open the processing of the hearing, for which it shall transfer the lawyer of the minor of the statement of allegations of the Prosecutor's Office and of the testimony of the file, so that within five working days he may in turn formulate a comprehensive statement of allegations of the same extremes as the letter of the Prosecutor's Office and propose the proof that it considers relevant.

Article 32. Compliance statement.

If the statement of allegations of the Prosecutor's Office requests the imposition of any or some of the measures provided for in Article 7 (1) (e) to (m), and there is agreement of the minor and his/her lawyer, He/she shall, in the case of the Judge of Minors in the terms of Article 36, give judgment without further processing by imposing the measure requested.

Article 33. Other decisions of the Juvenile Judge.

In the cases not provided for in the previous article, in the light of the request of the Prosecutor's Office and the written arguments of the lawyer of the child, the Judge shall take one of the following decisions:

a) The celebration of the hearing.

b) Dismissal, by means of a reasoned order, of the actions.

c) The file for the dismissal of the actions with referral of individuals to the public entity for the protection of minors concerned when the request has been made by the Prosecutor's Office.

d) The referral of the proceedings to the competent Judge, where the Judge of the Child considers that the knowledge of the case does not correspond to him.

e) Practice in case the evidence proposed by the child's lawyer and that they have been refused by the Prosecutor during the course of the investigation, in accordance with the provisions of Article 26.1 of this Law, and that they cannot be held in the course of the hearing, provided that you consider that they are relevant to the effects of the process. Once practiced, he will transfer the results to the Prosecutor's Office and the child's lawyer before starting the hearing sessions.

Against previous resolutions will be the resources provided for in this Law.

Article 34. Relevance of evidence and audience pointing.

The Judge of Minors, within five days of the submission of the written statement of the lawyer of the child, or after the expiry of the time limit for the submission without the latter having been effected, shall, where appropriate, agree to from the relevance of the proposed evidence, by means of a self-opening hearing, and shall indicate the day and time at which it is due to commence within the next 10 days.

Article 35. Attendees and non-audience advertising.

1. The hearing shall be held with the assistance of the Prosecutor's Office, the injured party who, where appropriate, has been personified, by the lawyer of the minor, a representative of the technical team who has evacuated the report provided for in Article 27 of this Law, and the minor, who may be accompanied by his legal representatives, unless the Judge, hearing the aforementioned Prosecutor's Office, lawyer of the minor and representative of the technical team, agrees otherwise. The representative of the public institution for the protection or reform of minors who has intervened in the proceedings of the instruction may also attend, where the Judge so agrees.

2. The Judge may agree, in the interests of the person accused or the victim, that the sessions are not public and in no case shall the social media be allowed to obtain or disseminate images of the child or data that permit his or her identification.

Article 36. Compliance of the child.

1. The Judge of Minors shall inform the issued child, in a language understandable and adapted to his age, of the measures requested by the Prosecutor's Office in his statement of allegations, as well as of the facts and the cause in which they are based.

2. The Judge will then ask the minor if he declares himself an author of the facts and if he agrees with the measure requested by the Prosecutor's Office. If he or she is in conformity with both ends, the child's lawyer shall be heard by the Judge. If the lawyer is not in agreement with the conformity provided by the child himself, the Judge shall decide on the continuation or not of the hearing, reasoning this decision in the judgment.

3. If the child is in conformity with the facts but not with the measure requested, the proceedings of the hearing shall be conducted only in respect of the latter, the proposed test being carried out in order to determine the application of that measure or its replacement by another appropriate to the interest of the child and which has been proposed by one of the parties.

Article 37. Celebration of the hearing.

1. Where the hearing is held, the Judge shall invite the Prosecutor's Office and the lawyer of the child to express what they have as appropriate as to the practice of new evidence or the infringement of any fundamental right in the hearing. processing of the procedure, or, where appropriate, the possibility of applying a different qualification or a different measure from those which they have applied for. The Judge shall then agree to the continuation of the hearing or the remedy of the infringement, if so. If you agree to the continuation of the hearing, the Judge will rule in the sentence on the ends raised.

2. The practice of the proposed and accepted test shall be initiated, and the evidence of its relevance shall be provided by the parties for their practice at the event, and the technical team shall also be heard on the circumstances of the child. The Judge will then hear the Prosecutor's Office and the child's lawyer on the assessment of the test, its legal status and the origin of the proposed measures; on this last point, it will also hear the technical team. Finally, the judge will hear the child, leaving the cause for sentencing.

3. In this case, the provisions of the legislation on the protection of witnesses and experts in criminal proceedings shall apply in this proceeding.

4. If in the course of the hearing the Judge considers, ex officio or at the request of the parties, that the interest of the minor advises that the child leave the room, he may accordingly agree with him, ordering that the proceedings continue until the minor you can return to that.

TITLE V

From the statement

Article 38. Time limit for sentencing.

Finalized the hearing, the Juvenile Judge will dictate judgment on the facts under discussion within a maximum of five days.

Article 39. The content and record of the statement.

1. The sentence will contain all the requirements laid down in the current Organic Law of the Judiciary and in it, valuing the tests carried out, the reasons explained by the Prosecutor's Office and the lawyer of the minor and what was stated in his case by taking into account the circumstances and gravity of the facts, as well as all the data discussed on the personality, situation, needs and family and social environment of the child and the age of the child at the time of the sentencing, decide on the proposed measure or measures, with an express indication of their content, duration and objectives to be achieved by them, and shall be motivated by expressly stating the facts which are declared and the evidence of the judicial conviction. The judgment may also be orally anticipated at the end of the hearing sessions without prejudice to its documentation pursuant to Article 248.3 of the aforementioned Organic Law of the Judiciary.

2. The Judge, in writing the judgment, shall endeavour to express his reasoning in a clear and comprehensible language for the age of the child.

3. Each Juvenile Court will keep a record of sentences in which all the final sentences will be extended and signed.

Article 40. Failure to execute the failure.

1. The Judge of Minors, either on his own initiative or at the request of the Prosecutor's Office or the lawyer of the minor, and in any case heard, as well as the representative of the technical team and the public entity for the protection or reform of minors, may agree to the suspension of the execution of the judgment contained in the judgment, where the measure imposed is not more than two years ' duration, for a specified period and up to a maximum of two years. Such suspension shall be agreed upon in the judgment itself, or by reasoned order where the judgment is final, and shall in any event express the conditions of the suspension.

2. The conditions to which the suspension of execution of the judgment contained in the judgment given by the Judge of Minors shall be suspended shall be as follows:

(a) Not be sentenced in a firm sentence for a crime committed during the duration of the suspension, if you have reached the age of majority, or if you do not apply a measure in a firm sentence in the procedure governed by this Law during the the duration of the suspension.

b) That the child assumes the commitment to show an attitude and willingness to reintegrate into society, not incurring new infractions.

c) In addition, the Judge may establish the application of a probation regime during the period of suspension or the obligation to carry out a socio-educational activity, recommended by the technical team or the public entity of protection or reform of minors in the preceding proceedings, even with a commitment to the participation of the parents, guardians or guarders of the child, expressing the nature and the time limit in which the activity must be carried out.

3. If the conditions set out in the previous paragraph are not met, the Judge shall lift the suspension and the sentence shall be executed at all its ends. The remedies provided for in this Law may be brought against the resolution so agreed.

TITLE VI

From the resource regime

Article 41. Appeal and reform resources.

1. Against the judgment handed down by the Judge of Minors in the procedure laid down in this Law, an appeal to the Chamber of Minors of the corresponding Superior Court of Justice, which shall be brought before the Judge who issued the judgment within the time limit, is an appeal. of five days after its notification, and shall be settled after a public hearing, unless in the interest of the person accused or the victim, the Judge agrees that it shall be held behind closed doors. The parties must be present at the hearing and, if the Court considers it appropriate, the representative of the technical team and the representative of the public body for the protection or reform of minors who have intervened in the specific case. The appellant may request from the Chamber the practice of the evidence which, proposed and accepted in the instance, would not have been concluded, in accordance with the rules of the Criminal Procedure Act.

2. Against the cars and providences of the Judges of Minors there is an appeal for reform before the body itself, which will be brought within three days of the notification. The order that resolves the challenge of the providence will be subject to appeal.

3. Against the orders to terminate the proceedings or to resolve the incident of Articles 14, 28, 29 and 40 of this Law, an appeal to the Chamber of Minors of the Superior Court of Justice for the formalities that the Law of Criminal prosecution for the abbreviated procedure.

Article 42. Appeal for the unification of doctrine.

1. The judgments handed down on appeal by the Chambers of Minors of the High Courts of Justice where one of the measures referred to in the Rules of Procedure have been imposed are, before the Second Chamber of the Supreme Court, appealed against. 4th and 5th of Article 9 of this Law.

2. The purpose of the appeal shall be the unification of doctrine on the occasion of judgments handed down on appeal by the abovementioned Chambers of Minors of the High Courts of Justice which are contradictory to each other with those of another or other Chambers of Minors of the above High Courts, or with judgments of the Supreme Court, with respect to facts and assessments of the circumstances of the child who, being substantially equal, have given rise, however, to different pronouncements.

3. The appeal may be prepared by the Prosecutor's Office or the lawyer of the minor who seeks the indicated unification of doctrine within 10 days of the notification of the judgment of the Lower Chamber of the High Court of Justice, in written to the same.

4. The letter of interposition must contain a precise and circumstantial relationship of the alleged contradiction, with the designation of the judgments referred to and the reports in which the interest of the child valued in the judgment is founded.

5. Having regard to the conditions referred to in the preceding paragraph, the Board of Minors of the High Court of Justice to whom the action has been brought shall require testimony of the judgments referred to the courts which issued them, and in a Ten-day period shall send the documentation to the Second Chamber of the Supreme Court, placing the appellant and the Prosecutor's Office, if not, before that Chamber.

6. Where the appellant has failed to fulfil the conditions laid down for the appeal in the Supreme Court in a manifest and insubsainable manner, or where the claim does not have a marriage content, the Judge-Rapporteur shall give the The Court of First Instance and the Office of the Prosecutor General of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the

of

7. The Second Chamber of the Supreme Court, constituted in an ordinary manner, shall summon the appellant, and in any case the Prosecutor's Office, to an oral hearing, in which it shall hear the arguments put forward and may request a report from the public body of protection or reform of minors in the territory in which the Court of Justice has jurisdiction which issued the contested decision, and, where appropriate, to the court which is responsible for the enforcement of the decision, by following the judgment of appeal in the manner and with the effects outlined in the Criminal Procedure Act.

8. Also, in the unification of doctrine and the same formalities, the Prosecutor's Office may appeal, the final orders issued by the Chambers of Minors of the Superior Courts of Justice, in order to resolve the appeals against the Decisions of the Judges of Instruction issued pursuant to the provisions of Article 4 of this Law.

TITLE VII

From the execution of the measures

CHAPTER I

General provisions

Article 43. Principle of legality.

1. None of the measures laid down in this Law may be implemented, but on the basis of a final judgment given in accordance with the procedure laid down therein.

2. Such measures may not be implemented in any other way than prescribed in this Law and in the regulations implementing it.

Article 44. Jurisdiction.

1. The execution of the measures provided for in this Law will be carried out under the control of the Judge of Minors who has given the corresponding sentence, which will resolve by reasoned order, ears the Prosecutor's Office, the lawyer of the minor and the representation of the public entity executing that entity, on any incidents that may occur during its course.

2. In order to exercise control of enforcement, the following functions are particularly applicable to the Judge of Minors, either on his own initiative or at the request of the Prosecutor's Office or the lawyer of the child:

a) Adopt all decisions that are necessary to proceed with the effective execution of the imposed measures.

b) Resolve the proposals for revision of the measures referred to in Article 14 of this Law.

c) Approve the execution programs of the measures.

d) Learn about the evolution of minors during the implementation of the measures through the monitoring reports.

e) To resolve the remedies that are brought against the decisions issued for the enforcement of the measures, as provided for in Article 52 of this Law.

(f) Agree on any requests or complaints that may be raised by minors who are subject to the regime, treatment or other circumstances that may affect their fundamental rights.

g) Regular visits to the centers and interviews with minors.

(h) To form the public entity for the protection or reform of minors corresponding to the proposals and recommendations that it considers appropriate in relation to the organization and the regime of enforcement of the measures.

i) Adopt resolutions that, in relation to the disciplinary regime, attribute to them Article 60 of this Law.

Article 45. Administrative competence.

1. The enforcement of the measures taken by the Judges of Minors in their firm sentences falls within the jurisdiction of the Autonomous Communities and the Cities of Ceuta and Melilla, in accordance with the twenty-second final provision of the Organic Law 1/1996, of January 15, Legal Protection of the Child. Those public entities shall, in accordance with their respective rules of organisation, carry out the creation, management, organisation and management of the appropriate services, institutions and programmes to ensure the correct implementation of the measures. provided for in this Act.

2. The implementation of the measures shall be carried out by the Autonomous Communities and Cities of Ceuta and Melilla, where the Court of Minors which has issued the judgment is located, without prejudice to the provisions of paragraph 3 of the following Article.

3. The Autonomous Communities and the Cities of Ceuta and Melilla may establish the necessary cooperation agreements or agreements with other entities, whether public, of the State, Local or other Autonomous Communities, or private for the execution of the measures of its jurisdiction, without any profit, under its direct supervision, without this in any event entailing the transfer of ownership and liability arising from such enforcement.

CHAPTER II

Rules for implementing measures

Article 46. Settlement of the measure and transfer of the child to a centre.

1. Once the judgment has been signed and the programme of execution of the measure has been approved, the Registrar of the Court of Justice who has issued it shall practice the liquidation of that measure, indicating the dates of the commencement and termination of the measure, with payment in his the time served by the precautionary measures imposed on the person concerned, taking into account the provisions of Article 28.5. At the same time, it shall open an implementation file in which the incidents occurring in the development of the application shall be recorded in accordance with the provisions of this Law.

2. Of the liquidation referred to in the preceding paragraph and of the testimony of individuals which the Judge considers necessary and which must include the technical reports in the cause, the public entity of protection or reform of the less competent to comply with the measures agreed in the final judgment. The Prosecutor's Office shall also be notified of the commencement of the execution, and the lawyer of the child if he so requests from the Judge of Minors.

3. Received by the public entity the testimony and settlement of the measure referred to in the preceding paragraph, the entity shall immediately appoint a professional who shall be responsible for the execution of the measure imposed, and, if it is outside the (a) the institution shall designate the most appropriate centre for its execution from among the nearest to the home of the child in which places are available for execution by the competent public body in each case. The transfer to another centre other than the former may only be based on the minor's interest in being removed from his family and social environment and shall in any event require the approval of the Judge of Minors who has issued the judgment.

Article 47. Running multiple metrics.

1. Where the child is subject to several measures, the Judge who has issued the final judgment shall order the compliance of those measures simultaneously.

2. Where all or some of the measures imposed cannot be fulfilled at the same time, they shall be served successively in accordance with the following rules, unless the Judge has a different order in the interests of the child:

1. The detention measures shall be fulfilled before the non-custodial measures, and, where appropriate, shall be interrupted by those who are executing that they are of the latter nature.

2. When therapeutic internment is present, the measure of therapeutic detention shall be imposed in the first place. The Judge shall suspend, where appropriate, the commencement of the enforcement of the measures subsequently imposed until the end of the measure, unless the faculty established in Article 14 of this Law are used.

3. In the cases provided for in Rule 5 (5), the measure of probation shall be the case for the measure of detention under a closed procedure, in accordance with the prohibition of that provision.

4. When multiple measures of the same nature are present, they will be fulfilled in chronological order of firmness of the respective sentences.

5. When the young person complies with the measures provided for by this Law and is sentenced to measures or penalties of the Penal Code, the Judge or Court shall order the simultaneous fulfilment of the measures, if this is possible. If not, the prison term shall be served as a result of the detention measure being executed, unless the Judge or the Court has sentenced, in the case of a conviction for serious crimes and under the circumstances of the young person, order the immediate execution of the imposed prison sentence.

3. The Judge, after hearing the parties and the report of the technical team, may alter the order of compliance provided for in the preceding paragraph where the interest of the minor is advisable.

Article 48. Personal file of the person subject to the execution of a measure.

1. The public body shall open a single personal file to each child in respect of which the execution of a measure is entrusted, in which the reports relating to the measure are collected, the judicial decisions affecting it and the rest of the documentation generated during execution.

2. Such a file shall be reserved and shall have access only to the Ombudsman or similar institution of the relevant Autonomous Community, the Judges of the competent minor, the Ministry of the Prosecutor and the persons involved. in the execution and are authorised by the public entity in accordance with its rules of organisation. The minor, his lawyer and, if applicable, his legal representative, will also have access to the file.

3. The collection, disposal and automated processing of personal data of the persons to whom this Law applies, may only be carried out in publicly owned computer files that are dependent on public protection entities. of minors, Administrations and Courts of Competent Minors or of the Fiscal Ministry, and shall be governed by the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data and its implementing rules.

Article 49. Reports on execution.

1. The public entity shall transmit to the Judge of Minors and the Fiscal Ministry, with the periodicity that is established in each case and whenever it is required for this or the same entity as necessary, reports on the execution of the measure and its effects, and on the personal evolution of the minors subjected to them. Such reports shall also be referred to the child's lawyer if so requested by the competent public body.

2. In those reports, the public entity may request the Prosecutor's Office, when it considers it appropriate, to review the measures in the sense advocated by Article 14.1 of this Law.

Article 50. Breach of execution.

1. Where the child is in breach of a custodial measure, he or she shall be re-entered in the same centre of which he or she has been evaded or otherwise appropriate to his or her conditions, or, in the case of a stay at the end of the week, at his home, in order to comply with uninterruptible manner of time.

2. If the broken measure is non-custodial, the Prosecutor's Office may request the Judge of Minors to replace it with another of the same nature. Exceptionally, and on a proposal from the Prosecutor's Office, the lawyer and the legal representative of the child, as well as the technical team, the Judge of Minors may replace the measure with another one of internment in a semi-open center, for the time that for compliance.

3. Likewise, the Judge of Minors shall transmit testimony of the individuals concerning the violation of the measure to the Prosecutor's Office, in case the fact is constitutive of any of the infractions referred to in article 1 of this Law Organic and worthy of sanctioning reproach.

Article 51. Replacing the measures.

1. During the execution of the measures, the Judge of Minors who has imposed them may, on his own initiative or at the request of the Prosecutor's Office, the lawyer of the minor or the competent administration, and hear the parties, as well as the technical team and the representation of the public entity for the protection or reform of minors, to leave without effect those or to replace them with others that are considered more appropriate than those provided for in this Law, for a time equal to or less than the one that restates for its compliance. This shall be without prejudice to the provisions of paragraph 2 of the previous Article and in accordance with Article 14 of this Law.

2. The reconciliation of the child with the victim, at any time when the agreement between the two parties referred to in Article 19 of this Law, may be made, may leave the measure imposed when the Judge, on a proposal from the Ministry of Public Health or The legal team and the representation of the public entity for the protection or reform of minors, judge that this act and the time of duration of the measure already fulfilled express sufficiently the reproach that they deserve the facts committed by the minor.

3. In all previous cases, the Judge shall decide by reasoned order against which the remedies provided for in this Law may be brought.

Article 52. Resource presentation.

1. Where the child seeks to bring proceedings before the Judge of Minors against any decision taken during the execution of the measures imposed on him, he shall submit it in writing to the Judge or Director of the detention centre, who shall bring it to the attention of the person within the following business day.

The child may also file an appeal with the Judge verbally, or verbally express his intention to appeal to the Director of the Center, who will transfer this demonstration to the Judge of Minors within the prescribed period. In the latter case, the Judge of Minors shall take the measures resulting from the child's claim.

The child's lawyer may also file the resources, in writing, with the authorities referred to in the first paragraph.

2. The Judge of Minors will obtain a report from the Prosecutor's Office and will resolve the appeal within two days, by means of a reasoned order. Against this order the appeal shall be lodged with the Child Chamber of the relevant High Court of Justice, in accordance with the provisions of Article 41 of this Law.

Article 53. Compliance with the measure.

1. Once the measure has been completed, the public entity will forward to the addressees designated in Article 49.1 a final report, and the Judge of Minors will decide to self-agree on the file of the case. This order shall be notified to the Prosecutor's Office and to the child's lawyer.

2. The Judge, ex officio or at the request of the Prosecutor's Office or the lawyer of the minor, may request the corresponding public entity for the protection or reform of minors, after the imposition of the imposed measure, that the mechanisms of protection of the less in accordance with the rules of the Civil Code, where the interest of the Civil Code requires it.

CHAPTER III

Special Rules for the Execution of Custodial Measures

Article 54. Centers for the execution of the custodial measures.

1. The custodial measures, the detention and the precautionary detention measures imposed in accordance with this Law will be implemented in specific centers for minor offenders, different from those provided for in the legislation. penitentiary for the execution of criminal convictions and precautionary measures of liberty imposed on the elderly of criminal age.

2. By way of derogation from the above paragraph, detention measures may also be carried out in social health centres where the measure imposed requires it. In any case the prior authorization of the Judge of Minors will be required.

3. The centres shall be divided into modules suitable for the age, maturity, needs and social skills of the minor boarding schools and shall be governed by rules of internal operation which shall be implemented in order to achieve a cohabitation, which allows for the implementation of the different educational intervention programmes and the custody of the child in detention.

Article 55. Principle of resocialization.

1. All the activities of the centres in which detention measures are carried out shall be inspired by the principle that the child is a subject of law and continues to be a part of the society.

2. As a result, life in the centre must take as a reference life in freedom, reducing to the maximum the negative effects that internment can represent for the child or for his family, promoting social bonds, contact with family and close associates, and the collaboration and participation of public and private entities in the process of social integration, especially the most geographically and culturally close ones.

3. To this end, the ordinary and extraordinary permits of which the child may be admitted shall be regulated in order to maintain positive contacts with the outside and prepare for his future life in freedom.

Article 56. Rights of minors in detention.

1. All minors are entitled to respect for their own personality, their ideological and religious freedom and the legitimate rights and interests not affected by the content of the sentence, especially those inherent in the age minority. civil when the case is.

2. Consequently, the following rights are recognised for minors:

(a) the right to which the public entity on which the centre depends on its life, its physical integrity and its health, without being able, in any event, to be subjected to degrading treatment or to abuse of a word or deed, or to be subject to of arbitrary or unnecessary rigor in the application of the rules.

b) The law of the minor of civil age to receive comprehensive education and training in all areas and to the specific protection provided by law.

(c) the right to preserve their dignity and their privacy, to be appointed by their own name and to be strictly reserved to third parties.

(d) the right to exercise of the civil, political, social, religious, economic and cultural rights that correspond to them, except where they are incompatible with the purpose of the arrest or enforcement of the sentence.

e) Right to be in the nearest center to your home, according to your internment regime, and not to be transferred out of your Autonomous Community except in the cases and with the requirements provided for in this Law and its rules of development.

(f) the right to free health care, to receive compulsory basic education corresponding to their age, whatever their situation in the centre, and to receive appropriate educational or vocational training for their circumstances.

g) The law of those sentenced to an individualized treatment program and all internees to participate in the activities of the center.

h) Right to communicate freely with their parents, legal representatives, family members or other persons, and to enjoy departures and permits, in accordance with the provisions of this Law and its implementing rules.

i) the right to communicate with your lawyers, with the competent juvenile court, with the Ministry of Public Health and with the services of the Inspection of detention centers.

(j) the right to adequate job training, paid work, within the availabilities of the public entity, and the social benefits that may correspond to them, when they reach the legally established age.

k) Right to make petitions and complaints to the Directorate of the Centre, the public entity, the judicial authorities, the Prosecutor's Office, the Ombudsman or the analogous institution of its Autonomous Community and to present all the legal remedies provided for by this Law before the competent juvenile court, in defense of their legitimate rights and interests.

(l) the right to receive personal and up-to-date information on their rights and obligations, their personal and judicial situation, the rules of internal functioning of the centres that collect them, and the procedures concrete to make such rights effective, in particular to formulate petitions, complaints, or appeals.

m) the right to have their legal representatives informed about their situation and evolution and the rights they are entitled to, with the only limits provided for in this Law.

n) the right of minors to have their children under three years of age at their company, under the conditions and with the requirements to be regulated.

Article 57. Duties of the minor boarding schools.

Minors will be required to:

(a) Remain in the centre at the disposal of the competent judicial authority up to the time of their release, without prejudice to the authorised exits and activities which they may carry out abroad.

b) Receive the compulsory basic education that is legally applicable to them.

(c) Respect and comply with the rules of internal operation of the centre and the guidelines or instructions which they receive from the staff of that person in the legitimate exercise of their duties.

d) To collaborate in the achievement of an orderly activity inside the center and to maintain an attitude of respect and consideration towards all, inside and outside the center, especially towards the authorities, the workers of the center and other minor boarding schools.

e) To properly use the facilities of the center and the material means to be made available to it.

f) Observe hygienic and sanitary standards, and on locker room and personal grooming established in the center.

g) Make the mandatory personal benefits provided for in the internal operating rules of the center to maintain good order and cleanliness.

h) Participate in the training, educational and work activities established according to your personal situation in order to prepare your life in freedom.

Article 58. Information and claims.

1. The children will receive written information about their rights and obligations, the detention regime in which they are located, the questions of general organization, the rules of operation of the center, the rules of the center, the rules disciplinary and the means to formulate petitions, complaints or appeals. The information will be provided in a language they understand. Those who have any kind of difficulty in understanding the content of this information will be explained by another appropriate means.

2. All boarding schools may make, verbally or in writing, in open or closed, petitions and complaints to the public body on matters relating to their situation of detention. Such requests or complaints may also be submitted to the Director of the Centre, who shall take care of them if they fall within their competence or shall bring them to the attention of the public entity or competent authorities, otherwise.

Article 59. Surveillance and security measures.

1. The activities of surveillance and internal security in the centres may, in the form and with the periodicity, be established in the form of regulations, inspections of premises and premises, as well as registers of persons, clothes and minor boarding schools.

2. In the same way, it is possible to use only the means of containment that are established in order to prevent acts of violence or injuries of minors, to prevent acts of escape and damage to the facilities of the center or to the active or passive resistance to the instructions of the personnel of the same person in the legitimate exercise of their office.

Article 60. Disciplinary regime.

1. The minor boarding schools may be corrected in a disciplinary manner in the cases and in accordance with the procedure laid down in accordance with the principles of the Constitution, this Law and Title IX of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure, respecting at all times the dignity of those and without in any case being deprived of their rights of food, teaching mandatory and communications and visits, provided for in this Law and provisions that develop it.

2. Disciplinary offences shall be classified as very serious, serious and minor, taking into account the violence developed by the subject, his intentionality, the importance of the result and the number of people offended.

3. The only sanctions that can be imposed by the commission of very serious faults will be the following:

(a) The separation of the group for a period of three to seven days in cases of evident aggressiveness, violence and serious disturbance of coexistence.

b) Separation of the group for three to five weekends.

c) Deprivation of weekend exits from fifteen days to one month.

d) Deprivation of recreational outlets for a period of one to two months.

4. The only sanctions that may be imposed by the commission of serious misconduct shall be the following:

a) The same as in the four assumptions of the previous paragraph, with the following duration: two days, one or two weekends, one to fifteen days, and one month respectively.

b) Deprivation to participate in the recreational activities of the center for a period of seven to fifteen days.

5. The only sanctions that can be imposed by the commission of minor faults will be the following:

a) Deprivation to participate in all or some of the center's recreational activities for a period of one to six days.

b) The admonition.

6. The separation penalty shall mean that the child shall remain in his or her room or other similar characteristic during the time of the centre's activities, except in order to attend, where appropriate, compulsory education, visits and have two hours of time per day outdoors.

7. Sanctioning resolutions may be appealed before the Judge of Minors before the commencement of their compliance. To this end, the child shall be entitled to bring the action in writing or in writing to the Director of the establishment who, within 24 hours, shall forward that letter or testimony to the oral complaint, with his or her own arguments, to the Judge of Minors and the latter, in the term of a hearing and hearing the Ministry of Public Prosecutor, will dictate to order, confirming, modifying or annulling the imposed sanction, without that any recourse against that order. The car, once notified to the establishment, shall be immediately executed. As long as the action is taken, within two days, the public entity implementing the measure may take the necessary decisions to restore the altered order, applying the provisions of paragraph 6 of this Article to the sanction. The child's lawyer may also bring the resources referred to in the preceding paragraph.

TITLE VIII

From civil liability

Article 61. General rules.

1. The action to require civil liability in the procedure regulated in this Law will be exercised by the Prosecutor's Office, unless the injured party gives up, the exercise by itself within one month of notification of the opening. of the separate piece of civil liability or the reserve to exercise it in the civil court order in accordance with the provisions of the Civil Code and the Law on Civil Procedure.

2. A separate piece of civil liability shall be processed for each of the facts imputed.

3. When the person responsible for the acts committed is a minor of eighteen years, they will respond in solidarity with the damages caused by their parents, guardians, welcoming and legal keepers or in fact, in this order. Where they have not favoured the conduct of the child with intent or gross negligence, their liability may be moderated by the Judge as the case may be.

4. Where appropriate, the provisions of Article 145 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure and in Law 35/1995 of 11 December 1994 on aid and assistance to victims of violent crime and against sexual freedom, and their accompanying provisions.

Article 62. Extension of civil liability.

The civil liability referred to in the previous article shall be governed by the provisions of Chapter I of Title V of Book I of the Criminal Code in force.

Article 63. Civil liability of insurers.

Insurers who have assumed the risk of pecuniary liabilities arising from the acts of minors referred to in this Law shall be directly responsible for civil liability up to the limit of the compensation legally established or conventionally agreed, without prejudice to their right of repetition against the person concerned.

Article 64. Procedure rules.

The procedures for the requirement of civil liability referred to in the previous articles will be accommodated by the following rules:

1. As soon as the Judge of Minors receives the part of the opening of the file by the Prosecutor's Office, he will proceed to open a separate piece of civil liability, notifying those who appear as harmed their right to be a party to it, and to set the deadline for the exercise of the action.

2. In the reference piece, persons who have received notification of the effect of the Judge of Minors or the Prosecutor's Office may be personified, as provided for in Article 22 of this Law, and also spontaneously. who are considered to be such. In addition, insurance companies which are interested parties may be included within the time limit for the exercise of the civil liability action. In the person's letter, they shall indicate the persons they consider to be responsible for the acts committed and against which they intend to claim, with the generic indication of their identity being sufficient.

3. The Child Judge shall notify the child and his legal representatives, where appropriate, of their status as possible civil servants.

4. Once the alleged harmed and responsible civilians have been personified, the Judge of Minors will decide to order the beginning of the procedure, in which the parties will be accused and demanded, according to what has been requested by the actors and divested of the file, and shall grant a period of 10 days for the applicants to submit a statement of their claims and to propose the evidence they deem necessary, including the confession in judgment and the evidence of witnesses.

5. On the expiry of that period, the Judge of Minors shall transfer the document to the defendants, who within ten days shall reply to the request and propose in turn the evidence they deem necessary.

6. The Judge, immediately having in his possession the writings of each other, shall summon the plaintiffs and the defendants to an oral hearing in which those and those, by their order, shall expose their claims and their claims above all that they consider relevant to the subject matter of the process. The relevant evidence shall be admissible in the same act and the proposed tests shall be carried out. The confession in judgment or the evidence of evidence of the fact that they have already been carried out in the main file may not be rejected.

7. The Judge, on its own initiative, shall send to the cars those particulars of the proceedings of the proceedings of minors and of the proceedings of the hearing which he considers relevant to his decision.

8. Once the hearing has been held in the proceedings of minors and given judgment or relapse another final resolution, the Judge will dictate civil judgment absolving the defendants or declaring the civil servants, with the content referred to in Article 115 of the current Criminal Code.

9. Against the sentence mentioned in the previous section, appeal to the Juvenile Chamber of the Superior Court of Justice, which will be substantiated by the proceedings of the appeal regulated in the Law of Procedure Civil as appropriate. Once the sentence is signed, it can be executed in accordance with the rules of the Criminal Code and the Law of Civil Procedure.

10. The judgment given in this proceeding shall not produce any force of res judicata, with the exception of the right of the parties to promote ordinary judgment on the same question, in which the facts which the Judge of Minors shall be considered to have been proved have been estimated to be accredited, as well as the participation of the child.

11. In the piece of civil liability, no lawyer or prosecutor is required, but, if requested, a lawyer shall be appointed to the presumed responsible. The legal representatives of the child may be defended by the appointed lawyer to the minor in the main proceedings, if so accepted by him.

Additional disposition first. Enforcement in Military Jurisdiction.

The provisions of Article 4 of this Law shall apply to those who have committed crimes or faults of which the Military Jurisdiction must be known, in accordance with the provisions of the Military Criminal Law.

Additional provision second. Application of measures in cases of health risk.

When the Judges of Minors apply some of the therapeutic measures referred to in Articles 5.2, 7.1 and 29 of this Law, in the case of communicable diseases or other health risks to minors or those who with them, they may entrust to the authorities or the Health Services concerned their control and monitoring, in accordance with the provisions of the Organic Law 3/1986, of 14 April, of special measures in the field of public health.

Additional provision third. Registration of final judgments given in application of the provisions of this Law.

In the Ministry of Justice, a Register of firm sentences will be carried out in accordance with the provisions of this Law, whose data may only be used by the Judges of Minors and by the Ministry of Public Health for the purposes of of the provisions of Articles 6, 30 and 47 of this Law, taking into account the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data, and their supplementary provisions.

Single transient arrangement. Transitional arrangements.

1. To the facts committed prior to the entry into force of this Law by the minors subject to the Organic Law 4/1992, of 5 June, on Reform of the Law Regulatory of the Competition and the Procedure of the Courts of Minors, which is repeals, the legislation in force at the time of its committee will apply to them. Those who are in compliance with a measure provided for in the said Organic Law 4/1992 shall continue such compliance to the extinction of the liability under the conditions laid down in that Law.

2. Upon the entry into force of this Law, the fulfilment of all the measures provided for in the Organic Law 4/1992, which are in compliance with persons under the age of fourteen, shall cease immediately, and the corresponding responsibilities shall be extinguished.

3. To those under the age of eighteen, judged in accordance with the provisions of the Criminal Code of 1973, in the special penal laws repealed or in the derogatory provision of the current Penal Code, to whom a two-year sentence of A lesser prison or a prison term of more than two years, which are pending compliance with the entry into force of this Law, such penalties shall be replaced by any of the measures provided for in this Law, at the request of the Ministry of Justice. Fiscal, prior to the report of the technical team or the corresponding public entity for protection or reform of less. To this end, the Prosecutor's Office shall be transferred to the Prosecutor's Office and the provisional liquidation of the penalties imposed on the minors included in the cases provided for in this paragraph.

4. If, in the cases referred to in the preceding paragraph, the penalty imposed or pending is less than two years ' imprisonment or of any other nature, a measure of freedom of liberty shall be imposed on the sentenced person. time to restore the sentence, if the Judge of Minors, at the request of the Prosecutor's Office and ears the lawyer of the child, his legal representative, the corresponding public entity of protection or reform of minors and the sentenced himself, shall consider it in accordance with the educational purpose pursued by this Law. In another case, the Judge of Minors may be liable for the sentence and shall be liable for the sentence.

5. The decisions of the Judge of Minors referred to in the preceding paragraphs shall be taken into self-appeal directly on appeal, within five working days, before the Lower Chamber of the relevant High Court of Justice.

6. In criminal proceedings in the course of the entry into force of this Law, in which persons have been charged by the commission with criminal acts where they have not yet been 18 years of age, the Judge or the competent court shall forward the actions to be carried out to the Prosecutor's Office to instruct the regulated procedure. If the accused is committed for acts committed when he was over eighteen years of age and less than twenty-one, the instructor shall agree as appropriate in accordance with Article 4 of this Law.

Final disposition first. Extra duty.

They will have the character of supplementary rules, for the non-expressly provided for in this Organic Law, in the substantive field, the Penal Code and the special criminal laws, and, in the field of the procedure, the Law of Procedure Criminal, in particular the provisions for the formalities of the abbreviated procedure laid down in Title III of Book IV of the same.

Final disposition second. Amendment of the Organic Law of the Judicial Branch and the Organic Statute of the Fiscal Ministry.

1. The Government, within six months of the publication of this Law in the "Official Gazette of the State", will raise to the Parliament a draft of the Organic Law of Reform of the Organic Law 6/1985, of July 1, of the Judiciary, for the creation of the Chambers of Minors of the Supreme Courts of Justice and for the adequacy of the regulation and jurisdiction of the Courts of Minors and of the composition of the Second Chamber of the Supreme Court to the provisions of this Law.

2. The Government, within six months of the publication of this Law in the "Official Gazette of the State", will raise to the Parliament a bill of reform of Law 50/1981, of 30 December, for which the Organic Statute is regulated of the Fiscal Ministry, in order to adapt the organization of the Fiscal Ministry to the provisions of this Law.

Final disposition third. Personnel reforms.

1. The Government, through the Ministry of Justice, heard the General Council of the Judicial Branch, the Office of the Prosecutor General of the State and the Autonomous Communities concerned, within six months of the publication of this Law in the "Official Gazette". the State " shall adopt the appropriate provisions to adapt the plant of the Courts of Minors and the templates of the Judicial and Fiscal Careers to the organic needs that result from the application of the provisions of this Law.

2. The places of Judges of Minors must necessarily be served by Magistrates belonging to the Judicial Race. At the entry into force of this Law, the holders of a Court of Minors who have the category of Judge shall cease in that office, and, if necessary, in the situation provided for in Article 1182 and agree with the current Organic Law of Power Judicial, proceeding to cover such places by ordinary contest between Magistrates.

3. The Government, through the Ministry of Justice, and the Autonomous Communities with competence in the matter, through the corresponding Consejeries, will adapt the templates of officials of the Administration of Justice to the needs that present the Courts and the Fiscalis of Minors for the application of this Law, and determine the number of the technical teams assigned to the Courts and Fiscales of Minors, their composition and the staff of the same.

4. Likewise, the Government, through the Ministry of the Interior, and without prejudice to the powers of the Autonomous Communities, will adapt the templates of the Groups of Minors of the Judicial Police Brigades, in order to establish the membership of the Sections of Minors of the Fiscalas of the officials necessary for the purposes proposed by this Law.

5. The Government, through the Ministry of Justice, without prejudice to the powers assumed by the Autonomous Communities, and within six months of the publication of this Law in the "Official Gazette of the State", shall adopt the For the creation of the Corps of Psychologists and Educators and Social Workers.

Final disposition fourth. Specialization of Judges, Prosecutors and Lawyers.

1. The General Council of the Judicial Branch and the Ministry of Justice, within the scope of their respective powers, shall proceed to the formation of members of the Judicial and Fiscal Career and Specialist in the matter of Minors in accordance with what is established Regulation. Such specialists shall have the preference to carry out the corresponding charges in the Chambers of Minors of the Superior Courts of Justice and in the Courts and Fiscalis of Minors, in accordance with the provisions of the laws and regulations.

2. In all Fiscalas there will be a Section of Minors composed of members of the Fiscal Career, specialists, with the endowments of administrative officials that are necessary, as determined by regulation.

3. The General Council of the Advocate General must adopt the necessary provisions to ensure that in the schools where necessary, approved courses are provided for the training of those lawyers who wish to acquire specialization in the field of minors in order to intervene with the organs of this Jurisdiction.

Final disposition fifth. Repeal clause.

1. They are repealed: the Organic Law on Competition and the Procedure of the Courts of Minors, recast text approved by Decree of 11 June 1948, as amended by the Organic Law 4/1992 of 5 June; the precepts of the Regulation for the implementation of the Organic Law on Competition and the Procedure of the Courts of Minors, approved by Decree of 11 June 1948; the transitional provision of the Organic Law 10/1995, of 23 November, of the Criminal Code; and Articles 8.2, 9.3, Rule 1 of Article 20, as regards the number 2. of the Article 8, the second paragraph of Article 22 and Article 65 of the recast of the Criminal Code, published by Decree 3096/1973 of 14 September, pursuant to Law 44/1971 of 15 November.

2. It is also repealed as many other rules, of equal or lower rank, are contrary to the provisions of this Law.

Final disposition sixth. Nature of this Law.

Articles 16, 20, 21, 23 to 27, 30 to 35, 37 to 39, 41, 42, and 61 to 64, the additional third provision and the third final provision of this Organic Law are of the nature of Ordinary Law.

Final disposition seventh. Entry into force and regulatory development.

1. This Organic Law will enter into force the year of its publication in the "Official Gazette of the State". Articles 19 and 69 of the Organic Law 10/1995 of 23 November of the Penal Code will also enter into force on that date.

2. During the period referred to in the previous paragraph, the Autonomous Communities with jurisdiction over the protection and reform of minors shall adapt their rules to the proper execution of the functions conferred upon them by this Law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid, 12 January 2000.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ