Study on children's involvement in judicial proceedings : contextual overview for the criminal justice phase : Spain

The Spanish judiciary system is governed by the General Council of the Judiciary (Consejo General del Poder Judicial). The Spanish Court system is hierarchical, with a system of jurisdictional appeals. While no extraordinary legal system exists in Spain, special Courts have been set up by virtue of their subject matter1. In accordance with the Organic Law 6/1985 of 1 July on the Judiciary2, special Courts include, for example, commercial courts, courts dealing with violence against women and juvenile courts (juzgados de menores). Juzgados de menores hear cases concerning crimes and petty offences committed by persons aged between 14 and less than 18. This requires in the first place specifically trained judges (jueces de menores) and prosecutors (fiscales de menores). Cases involving children as victims or witnesses are, on the contrary, dealt with by regular courts and professionals involved are not required to undergo specific training. The Youth Justice System of Spain is based primarily on the Law for the Protection of the Child (LPC) and the Law for Criminal Responsibility of Children (LCRC) which both recognise the best interests of the child as a guiding principle for public authorities' action. The public authorities and relevant courts involved, as well as relevant laws and policies, may vary according to whether the child is a victim or a suspect (for the most part witnesses are treated in the same way as victims though victims' rights are slightly more extensive). Public authorities may additionally vary in relation to the autonomous communities in which the specific events take place. The Spanish legislator has also foreseen compulsory training for key professionals (in the first instance judges and prosecutors)taking part in the proceedings in cases involving children as offenders.