Italy adopts law presuming criminal responsibility for 14‑18‑year‑olds
On 23 July 2026 the Italian Council of Ministers, led by Prime Minister Giorgia Meloni and Justice Minister Carlo Nordio, approved a draft law that alters article 98 of the Penal Code. The amendment establishes a presumption that any minor who has reached the age of 14 but is under 18 possesses the capacity to understand and will at the time of an offence, unless the defence can prove the contrary. This reverses the previous practice where a judge had to verify the minor’s capacity case by case.
The reform does not lower the minimum age of criminal liability, which remains 14, nor does it increase the maximum penalties for minors. It merely shifts the burden of proof to the accused to demonstrate a lack of imputability. The measure is part of a broader package of security initiatives popularly termed the “anti‑maranza” law, aimed at strengthening responses to youth‑related crime. The change has sparked strong reactions: opposition parties criticize it as punitive, while NGOs warn that without complementary social and preventive programmes it may not address underlying causes. Experts note that adolescent brain development at 14 is uneven, suggesting the new rule could lead to more forensic psychiatric assessments.
Entities: Article 98 of the Italian Penal Code · Carlo Nordio · Giorgia Meloni · Italian Council of Ministers · anti‑maranza law
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 8 SOURCES] The law is part of the government’s “anti‑maranza” security package targeting youth‑related crime. (All articles)
- [● 12 SOURCES] The Italian Council of Ministers approved a draft law on 23 July 2026 that changes article 98 of the Penal Code concerning minor imputability. (All articles)
- [DISPUTED] The reform does not lower the minimum age of criminal liability, which remains 14 years. (All articles)
- [● 12 SOURCES] The law presumes that minors aged 14‑18 have the capacity to understand and will at the time of an offence, unless the defence proves otherwise. (All articles)
- [● 4 SOURCES] Prime Minister Giorgia Meloni announced the reform in a video, saying “chi sbaglia paga, anche se ha 15 o 16 anni”. (All articles)
- [● 12 SOURCES] The amendment shifts the burden of proof from the prosecution/judge to the defence to demonstrate lack of imputability. (All articles)
- [● 12 SOURCES] The law does not increase maximum penalties for minors; existing sentencing reductions for under‑18 offenders remain. (All articles)
- [DISPUTED] Justice Minister Carlo Nordio clarified that the change concerns only the presumption of imputability, not lowering the age or harsher sentences. (All articles)