The "capacity to understand and to will" 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 accountability of young people between the ages of 14 and 18. Until now, judges were required to assess on a case-by-case basis whether the minor was capable of understanding and willing, but with the bill approved on Wednesday 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," said Prime Minister Giorgia Meloni in a video message, commenting on the measure, which will not come into immediate effect but will need to be approved by Parliament. "Those who attack, rob, and vandalize," the Prime Minister stressed, "must always pay, even if they are 15 or 16 years old. That is why we have acted and continue to act: arrest for minors caught carrying a weapon, strict rules against the carrying of knives, tougher penalties for group vandalism. Today we take a further step." 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 rules when they are not working, and has the duty to be firm with those who do wrong, but also present for those at risk of 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 said at a press conference at Palazzo Chigi. "It is the final piece," he said, "of a whole series of measures, beginning with the Caivano decree, that were 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 contrary evidence," 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 distress," the Democrat charged. In the same vein, PD group leader in the Chamber Chiara Braga said: "Weak with the strong and strong with the weak: the slogan works perfectly for Prime Minister Meloni. Yesterday it was immigrants, today it is minors. There is no limit to the desire to provide a scalp rather than solve a problem." Angelo Bonelli, a parliamentarian 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 stand on the issue: "Youth violence represents a complex challenge that cannot be addressed by taking adult justice as a model," the organisation stated. "Considering a minor over the age of fourteen to be criminally 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 cited data showing a decline in rulings of no grounds for prosecution due to confirmed immaturity of minors between the ages of 14 and 18, which fell from 256 in 2004 to 60 in 2024.
On the front of new measures relating to the theme 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 held 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 competencies 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.
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