The "mental capacity" of a minor who commits a crime "is presumed until proven otherwise." The Government is introducing a new measure against juvenile crime and changing the rules on the criminal responsibility of young people between the ages of 14 and 18. Until now, judges were required to determine on a case-by-case basis whether a minor had the mental capacity to understand their actions and exercise self-control, but with the bill approved on the afternoon by the Council of Ministers, "the burden of proof is now reversed."
"Those who do wrong must answer for their actions. Even when they are minors," Prime Minister Giorgia Meloni stated in a video message, commenting on the measure, which will not come into immediate effect but must first be approved by Parliament. "Those who assault, rob, or vandalize," the Prime Minister stressed, "must always pay, even if they are 15 or 16 years old. That is why we have acted and will continue to act: arrest for minors caught carrying a weapon, strict rules against the carrying of knives, harsher penalties for group vandalism. Today marks another step forward." According to the Prime Minister, "firmness without alternatives is not enough, but alternatives without firmness do not solve the problem."
She added: "Some results are beginning to show, and that is why we want to press on. A just State has the courage to change the rules when they are not working, and has the duty to be firm with those who do wrong but also present for those who risk losing their way, because there is no true freedom without responsibility." The bill, which introduces amendments to Article 98 of the Penal Code, aims to "facilitate investigations," Justice Minister Carlo Nordio stated at a press conference at Palazzo Chigi. "It is the final piece," he said, "of a whole series of measures, starting with the Caivano Decree, that have been adopted in response to the rise in juvenile delinquency." The Minister of Justice spoke of a "relative presumption," not an "absolute" one, as it is "subject to proof to the contrary," and clarified that the measure "does not lower the age of criminal responsibility for minors, which remains at 14, and penalties have not been increased," but the "burden of proof is reversed."
The bill has drawn sharp criticism from the opposition. Matteo Mauri, the Democratic Party's spokesperson on Security, said it "criminalizes an entire generation." "Once again the government is choosing the path of propaganda and repression instead of addressing the real causes of youth hardship," the Democrat charged. In a similar vein, Chiara Braga, the PD's group leader in the Chamber of Deputies, said: "Soft on the strong and tough on the weak: that slogan works perfectly for Prime Minister Meloni. Yesterday it was immigrants, today it is minors. There is never any limit to the desire to offer up a scalp rather than solve a problem." Angelo Bonelli, a member of parliament for AVS and co-spokesperson for Europa Verde, spoke of an "authoritarian drift": "Carlo Nordio's words are extremely serious," Bonelli argued. "After six security decrees and the Caivano Decree, the government admits that juvenile crime has increased. This is proof of the failure of right-wing policies: more propaganda, more repression, less security."
Save the Children also took a stance: "Youth violence represents a complex challenge that cannot be addressed by taking the adult justice system as a model," the organization states. "Considering a minor over the age of fourteen to be liable as a rule risks sending a dangerous message: that the criminal response to adolescents' mistakes should be the same as that for adults." Save the Children also cites the declining figures on rulings of no grounds for prosecution due to ascertained immaturity of minors between the ages of 14 and 18, which dropped from 256 in 2004 to 60 in 2024. On the front of new measures involving the issue of Justice, the possibility of an intervention on Law 231 — which concerns corporate liability and workplace safety — appears to have been shelved. The proposal envisaged the introduction of incentives for entrepreneurs and managers in cases where workplace safety requirements are met, under which they would only be liable for gross negligence. "The Ministry of Labour has nothing in its drawers on this matter and is not studying it. At this moment we are not going in this direction, and when I say that the Ministry of Labour, which has competence in the area of workplace safety, does not have a file on this topic, I am saying exactly that there is nothing with regard to any previews or speculation that someone may have put forward," clarified the Minister of Labour and Social Policies, Marina Calderone.
Reproduction reserved © Copyright ANSA
