criminal-law minor spain
Spanish Criminal Law
<p>My understanding of Spanish Law is as follows:</p>
<ul>
<li><p>14 is usually the age of criminal responsibility.</p>
</li>
<li><p>Menores de edad from 14 to 18 can only be given a maximum sentence of two years in prison per crime.</p>
</li>
</ul>
<p>What would happen if a 14 year old minor did a serious crime, for example murder, but the police only discovered the crime and arrested the person when they were 26? Would they get two years, or tried as an adult where the sentence is much longer?</p>

<blockquote>
<p>What would happen if a 14 year old minor did a serious crime, for example murder, but the police only discovered the crime and arrested the person when they were 26?</p>
</blockquote>
<p>Article 10.1 of <a href="https://www.boe.es/buscar/doc.php?id=BOE-A-2000-641" rel="nofollow noreferrer">Ley Orgánica 5/2000, de 12 de enero</a> provides that the statute of limitations is 5 years or less, depending on the seriousness of crime committed by the minor. In the example you outline, this means that the criminal (now 26 y.o.) would not even be prosecuted because the statute of limitations prescribed --at the latest-- when he was 19 years old.</p>
<blockquote>
<p>Would they get two years, or tried as an adult where the sentence is much longer?</p>
</blockquote>
<p>If the statute of limitations has not expired, the criminal would be sentenced in accordance to his age <em>at the time he committed the crime</em> regardless of whether or when he is prosecuted. See article 5.3.</p>
