Justice: Nordio, presumption of imputability for minors

Italy's Council of Ministers has approved a new legislative proposal concerning the criminal responsibility of minors between the ages of 14 and 18. Justice Minister Carlo Nordio announced that the law does not lower the age of criminal responsibility, which remains at 14, nor does it increase penalties.

The core change introduced by the bill lies in the presumption of imputability. Previously, the legal system operated under a presumption of non-imputability, meaning prosecutors had to affirmatively prove that a minor understood the nature and consequences of their actions to hold them responsible.

This new legislation inverts that burden of proof. Under the approved bill, minors aged 14 to 18 will be presumed imputable. This means they will be considered capable of understanding and intending their actions unless they can successfully demonstrate otherwise. The focus shifts from the prosecution proving capacity to the defense proving incapacity.

Minister Nordio clarified that the age of 14 for criminal responsibility remains unchanged. The reform aims to address the legal presumption, ensuring that minors are considered capable of understanding their actions unless proven otherwise, a significant shift in how juvenile criminal cases will be approached in Italy.