New Italian Rules Presume Minors Aged 14-17 Criminally Responsible

Italy's Council of Ministers has approved new legislation that shifts the presumption of criminal responsibility for minors. The proposed law, which requires parliamentary approval, amends Article 98 of the Penal Code. It introduces a rebuttable presumption of criminal responsibility for individuals aged 14 to 17.

Under the current system, magistrates must individually assess whether a minor understood their actions and the consequences at the time of the offense. This case-by-case evaluation determines their accountability. The new legislation aims to streamline this process by presuming capacity unless evidence proves otherwise.

While the age of criminal responsibility remains at 14, the new law removes the need for a specific assessment of a minor's capacity to understand and will. However, judges and prosecutors can still argue for non-imputability if evidence suggests the minor lacked this capacity during the commission of the crime. For minors deemed imputable, existing provisions for reduced penalties will still apply.

Data from Save the Children indicates a trend of decreasing court decisions finding minors immature. Such rulings dropped from 256 in 2004 to 110 in 2014, and further to 60 in 2024. In the same year, juvenile courts ordered only four acquittals based on immaturity.

Comparatively, France's juvenile justice code uses age brackets to determine responsibility for those under 18. Individuals under 13 cannot face criminal convictions, similar to Italy's current age limit. However, French judges can order specific measures for this age group.