Doubts from penal lawyers: 'New rules on minors are unconstitutional'

Italian penal lawyers and UNICEF have voiced strong criticism against the government's new measures concerning juvenile accountability. They argue the changes fundamentally alter the basis of juvenile justice, viewing them as part of a repressive strategy that began with the Caivano decree and could extend to preventive detention for minors.

The penal lawyers' association stated that the bill "adds another piece to the repressive strategy adopted towards minors." They expressed concerns about the "so-called 'anti-mischief' crackdown," highlighting doubts about its constitutionality and calling it a symptom of "worrying cultural regression."

Don Claudio Burgio, chaplain at the Beccaria juvenile detention center, described the changes as "a step backward." He explained that 14- to 16-year-olds are often "deeply unaware, still immature, and sometimes unable to grasp the gravity of their crimes." Burgio believes that labeling youth issues as "mischief" or "baby gangs" oversimplifies profound problems and prevents effective, forward-looking decisions.

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la cosiddetta 'stretta anti‑maranza', oltre a generare forti dubbi di compatibilità costituzionale - evidenziano i penalisti - appare il sintomo di una preoccupante regressione culturale

UNICEF Italia echoed these concerns, urging a focus on education in a country with significant school dropout rates and unaddressed youth distress. The organization reminded that the Convention on the Rights of the Child mandates that all measures concerning minors prioritize their best interests and an educational, non-punitive approach.

Libera and Gruppo Abele criticized the move as prioritizing electoral consensus over genuine problem-solving. Ciro Cascone, a former juvenile magistrate, called the law "contradictory" and predicted it would have no practical effect, as judges would continue their existing assessments of accountability. He fears the law's primary impact is the message it sends, potentially undermining the core principles of juvenile justice.

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ogni provvedimento riguardante i minorenni sia orientato al loro superiore interesse e a un approccio educativo, non punitivo